Legal Articles Written by HG.org
Crowdfunding is an increasingly important way of gathering funds for business and personal projects that afford the individual to create a revenue stream. By directly contacting the public, the person may seek money, but there are tax considerations that could lead to problems if they are not provided for by the individual.
Depending on the lease or rental agreement in a real estate deal, the landlord could also be responsible for removing ice and snow from the property. There are often certain conditions that affect these situations that could lead to additional problems when not considered carefully by all parties involved.
Many individuals experience the uncomfortable encounter of being stopped by police in Illinois. This is usually because the law enforcement officer claims that you have made some type of traffic violation. You may wind up with a ticket. This is bad enough, but it gets even worse for some.
Expunging a criminal record removes mention of the offense from your public record. Erasing this information from the public view can provide several benefits to defendants. Understanding the process of expungement can help criminal defendants understand options that may be available to them before or after a conviction.
Real estate deals between the buyer and seller are complicated, full of paperwork and several processes must be completed before the closing is even within sight. However, backing out of the deal is often difficult and there is money that exchanges hands that could be forfeit if the buyer wants to remove himself or herself before contracts are signed.
Commercial leases have various clauses, conditions and terms that affect both the tenant and the landlord with what is paid, how the lease works and what may be involved. Who pays which item, what repairs and maintenance are paid for and other issues are usually covered through the lease specifics, and this determines if it is entirely paid by one party or shared between the two.
When filing bankruptcy, it is likely that most assets may be removed to pay for debts depending on the chapter filed, and for those with few means of travel, it is essential to keep that vehicle after the process has completed. It is important to know what is needed when car payments are behind, and bankruptcy has started.
If an injured or deceased minor or adult owes a reimbursement obligation, certain amounts of income or funds are necessary to supply to insurance carriers, Medicaid or Medicare. In Illinois, these amounts may vary based on certain factors and which person is involved such as the parent of the affected or the child that was harmed or killed in an incident.
Easements are placed on property so that another person or company may use a portion of the land for a specific purpose without having actual ownership or possession of that piece of the area. These agreements are often set in place by the current or previous owner of the property through certain conditions or terms in the title or other legal documentation, and there are several types.
Employers are often held responsible for the acts of their employees, including supervisors and coworkers. Vicarious liability in this context is premised on the principle that employers are generally responsible for the acts of their supervisors and that employers are expected to prevent harassment in the workplace. If an employer rehires a person who it knows has committed harassment in the past, it may be subject to potential liability if harassment recurs.
A rehabilitative divorce is one in which rehabilitative alimony is paid to one spouse. This type of alimony can help a spouse regain his or her footing after a divorce if the parties have disparate incomes. This financial support may be ordered even in cases in which other types of alimony may not be awarded.
Illinois has a statute of limitations that acts as a time limit by which a lawsuit must be filed if a minor or adult is injured in a personal injury case. If this time limit passes, a plaintiff may be barred from bringing forth his or her claim. Different statutes of limitations apply to different types of cases. There are general rules pertaining to the statutes of limitations, but there are also exceptions to these rules.
Illinois has witnessed a significant increase in fatalities caused by opioid impairment. These drugs have a significant impact on the ability to safely drive. Personal injury victims may wish to consider whether it is possible that opioids may have been involved in their accident so that their personal injury lawyer can take steps to protect their legal rights.
A personal injury lawyer is someone who provides legal representation to individuals who have been injured in an accident. Personal injury lawyers work in tort law, which includes negligent acts as well as intentional acts. They pursue compensation for accident victims.
Obstructing identification occurs when a person refuses to identify himself or herself to a law enforcement officer when asked. Failing to provide identification can result in a criminal charge and serious consequences.
The North American Free Trade Agreement has been the subject of possible changes through the Trump Administration, and there are difficulties in these processes as well as an argument that the proposed changes are not beneficial. The proposal states there would be a reduction in trade deficit between the United States and partners of Canada and Mexico.
During the holiday season, it is not uncommon for packages to be left unaccompanied on front porches and other locations that are easily accessible to potential thieves. Theft of such packages is a crime of opportunity. For some individuals, the lure of an unaccompanied package is too much to resist. However, taking packages can result in serious consequences.
Illinois lawmakers passed a modified version of spousal maintenance law in 2015. Many cases under the previous law are coming up for maintenance reviews or modifications as they take into consideration the new law, when applicable. Important information to understand the new law includes:
In most states, it is legally required for a person involved in a car accident to stop and report the accident. While there may be some exceptions to this rule, leaving the scene of an accident can be considered a crime and may also subject the responsible party to civil liability. Understanding the potential implications of this act can help people avoid possible legal issues or minimize the impact after the event occurs.
Like a divorce, an annulment dissolves a marriage. However, there are many differences between divorce and annulment, including the grounds for each. Additionally, the legal effect is different.
Bankruptcy could affect how a business operates after the process has finalized, and the owner may need to liquidate the company based on which type of process he or she files. Independent bankruptcy may also affect the business entity when there are no personal assets remaining to keep the company afloat in these difficult times.
Contracts for employment bind teachers to an administration and a school district. Equally, these educators are provided the benefits and employment length of the legally binding agreement period, and this may entail laws, the offer, and other considerations that could affect the school board and the students.
Taxation for multinationals may come through a foreign income tax of United States based corporations for these persons and companies with increases and an entire reform of the tax system. There is over $2 trillion in earnings by these business entities that has not been taxed previously, and these new laws may increase revenue to the entire country.
To ensure employees have a safe and environmentally compliant indoor space, there are several things that a company or corporation should place within and install. These items may include air and water filtration systems, oxygen rich plants, aesthetically heightened objects and similar objects for workers to improve and increase efficiency and productivity.
The right of protection from unlawful search and seizure is in effect for United States citizens, but sometimes the local and federal law enforcement agencies are permitted to search a home without needing a specific warrant. It is these situations that need clarification and a better understanding for those affected.
Restaurant employees are often subject to lost wages through tips being taken or other employer actions against them. Restaurant employers often find themselves on the receiving end of wage and hour claims.
As unfair as it may seem, there are many times when a person is not the child’s father but is still held responsible for child support, even when he or she has a valid DNA test that clearly shows this. If a father is considered to be the legal father, he may still be held responsible for child support and not due any reimbursement for child support payments.
A gang enhancement in California may assist in stopping terrorism on the streets of the state so that gangs are reduced or eliminated in certain areas of the location. The street gang sentencing enhancement law may issue charges against someone that has participated in a gang and lead to felony criminal charges and penalties when conviction occurs.
When driving in any state in the country, it is illegal to have consumed or taken an illegal drug, but there are additional complications based on the specific location such as California. The laws of this area include the unlawfulness of any individual driving to have taken any drug including marijuana no matter how long the person is driving.
Teaching jobs and other jobs in schools often work differently than other types of jobs. Teachers are usually provided with a contract for a year or longer during which they can depend on continued employment. However, they may receive notification that the school district plans not to renew their contract and may wonder about their legal rights in these situations.
Whistleblowers exist within many different departments of the federal government, and this includes the Internal Revenue Service which is affected by legal statutes. These persons are protected by the law from retaliation, and when communicating through official channels, supervisors are able to protect them in other capacities.
When the biological parents are unfit to take care of their own children, it may be time for the grandparents to step in and acquire guardianship for a more loving and nurturing house. However, in order for this to occur, the grandparents must understand how to proceed and what is required of them in these situations.
Someone requires a Small Business Administration loan with low-interest for disasters such as the California wildfires and floods in Louisiana for business owners that are connected to the SBA as a private nonprofit, a homeowner, renter or someone that is running a small business. However, various loans and income may affect the taxes of the individual through deductions or additional expenses.
Sometimes a law enforcement officer may arrest a person in the property of another person. However, when this occurs, there must usually be additional steps that are followed for law enforcement to execute the arrest in a legal manner. Suspects should understand how being arrested in a third party’s residence may impact their civil liberties.
Acquiring a green card for a foreign citizen is much easier when he or she has already obtained authorization to work in the United States and is provided sponsorship with the company. Through the business or organization, the individual may progress through employment verification, authorization and then permanent residency with the ability to work in the country.
California Law on Using Unlicensed Construction Contractors, their Hiring, Non-Payment, and Liability Risks.
California has a strict law that prohibits using an unlicensed contractor to complete construction work. Property owners face consequences of using a contractor who is unlicensed. Likewise, the contractor also faces stiff consequences.
B-1 and B2 visas are temporary visas that are used for travel, holidays or short-term work.
Just like with private construction contracts, there may be unforeseen circumstances or other conditions that make it necessary for contractors or subcontractors to adjust the contract and request payment for additional or changed work. There is a specific process that California public works goes through to approve such claims.
When a marriage ends, it is expected for the father or mother to pay child support to the parent that earns less income and is taking care of any children from the marriage or that were acquiring in the relationship. However, there are certain instances where the father or mother is not forced to pay these fees based on the surrounding factors.
When a teacher is contracted to work at a specific school, it is often reasonable to expect that his or her continued working relationship will provide for a renewed contract for future teaching. However, sometimes, the administration has determined that the teach is no longer the right fit at the end of the contract and may hire someone else.
In the United States, most servers work for less than the standard employee and are compensated by tips from customers as expected in the country. However, based on what laws are in effect and when they are implemented, wait staff may be subjected to pooled tips where all the employees share the amount after it has been collected for the day.
In some cases, police may procure an arrest warrant before arresting a person. The warrant gives them the authority to go to where the suspect is and take him or her into custody. However, the ability to search his or her property is limited based on the circumstances surrounding the arrest.
Employees that work as servers or wait staff earn a meager amount per hour and the rest is compensated through tips provided by customers. However, there are laws that govern these tips and the tax implications could cause the employees to violate various laws when they do not understand what must be done each year.
Insurance policies often have coverage options for both underinsured and noninsured individuals that harm the vehicle of the policy holder when they have been purchased as part of the plan. However, if the insured driver does not have these options selected, damage to the car may be entirely paid for by the policy holder if an accident occurs with an underinsured or noninsured vehicle operator.
Prudent taxpayers can reduce their tax burden or increase their tax refund by taking some last-minute steps before the end of the calendar year.
In the matters of real estate, leasing and renting become complicated with the lease or renter’s agreement between tenant and landlord. It is when the paperwork has been signed by both parties that it may not be possible to end the lease itself without breaking the terms which then may invoke a clause that permits the landlord to collect contractual breach fees and other monetary amounts.
In addition to the federal Racketeer Influenced and Corrupt Organizations (RICO) charges that a criminal defendant may face are potential state charges for similar conduct. Florida’s RICO statutes provide great latitude to prosecutors. These statutes give prosecutors the opportunity to pursue serious charges against individuals who may have only engaged in relatively minor acts.
Defamation is a serious problem, and it is even worse when it affects a business due to the cost to revenue, the problems in negative feedback and society issues with what is observed. Because of these problems, the owner of a company should seek the advice of a lawyer to determine if pursuing action is the best path against the perpetrator.
New rules have been proposed to enable contractors the ability to file protests with the Small Business Administration Office of Hearing and Appeals in order to challenge the Service-Disabled Veteran Owned Small Business or the Veteran Owned Small Business status of the company in the VetBiz database. These rules would permit a contractor to appeal a denial. When the rules have been finalized and implemented, there will be more protections in place for the SDVOSBs and VOSBs. This will also consolidate eligibility requirements for the SDVOSB as mandated by Congress. The regulations were published in the current Federal Register for SBA’s proposals and rules on September 28, 2017. The rules that have been proposed for changes are in two categories of Centers for Veteran Enterprises protests and appeals. This is to protest certain aspects of these businesses and rules as well as appeal when a denial for inclusion has been received by a veteran or service-disabled veteran.
When a person has entered rehabilitation for drug use or an ongoing substance abuse problem, he or she admits to the complication while working for a company. If there are drug tests that are used as a means of firing employees, it is possible that even voluntary admittance into a facility may not protect the job of a person with a disability.
The right to protections from unlawful search and seizure applies to police attempting to search a person and his or her belongings. However, this does not always extend to children in a school who are suspected of theft or other crimes, and privacy rights for these young persons could have limitations that lead parents to confusion or emotional upset.
When a workplace creates a hostile work environment, this could be considered harassment or discrimination when only one individual is targeted. Due to these circumstances, it is possible to bring the issue up with the Human Resources departments, but if this area does not assist the employee, it may be necessary to contact a lawyer when employment is no longer possible.
Complying with cybersecurity when part of a government contract could lead to further difficulties if the company has not done so by the deadline explained in the contract for business. Security through computers, networks and electronics is important and may ensure the safety of information remains within the company and with the government agency attached to the contract.
The regulations and laws regarding the primary drinking around the nation are important and explain why various activities must not be performed or accomplished around or in these locations. The Environmental Protection Agency implements the ground water rules, and these rules have been in effect since 2006.
The Texas Family Code provides for the ability of a family law court to consider deemed income as part of the calculation of a parent’s net resources that can be used to pay the financial obligation of child support. More deemed income may result in a deviation of the child support guidelines if the paying parent has sufficient resources to pay additional child support.
When a person is convicted of a domestic violence charge or the responded in an order of protection case, he or she may be stripped of the legal right to own firearms. However, there may be situations that may provide for when these rights may be restored.
Wage theft from an employer occurs when an employer fails to pay an employee for the time that he or she worked and is entitled to pay. This can occur when an employer pays the employee for fewer hours, misclassifies the employee to avoid paying overtime pay to the employee or otherwise does not provide proper compensation to an employee.
When going through bankruptcy, it is important to ensure all assets are considered so that the right process is utilized for the applicant such as Chapter 7 for individuals with an excess of debts and low disposable income. If the person seeking to complete bankruptcy hides any of his or her assets, he or she may face serious consequences to include penalties and contempt of court.
Dram shop laws hold responsible bars and other entities that provide alcohol to people who cause drunk driving accidents. If a person is injured in a drunk driving accident and the alcohol sale can be traced back to a particular source, this person or business may be held legally responsible.
Forging a deed in California is similar in how the person is charged with a criminal offense and then arrested, but there are some differences based on the factors of the case and what the perpetrator accomplished. When the individual has knowingly filed, registered or recorded untrue or forged paperwork with a government office, he or she has forged a deed.
Eviction notices and the full process usually depend greatly on the state due to the process favoring either the tenant or the landlord in the location. However, when a tenant has either not paid rent for long enough or has caused another complication, it is vital that the landlord follows the correct process to ensure the person renting is removed legally.
When spouses have legally separated, it is important to ensure that the taxes are filed appropriately for each individual or as a couple if one party is dependent on the other. The ramifications of filing with the wrong data or supplying the Internal Revenue Service with incorrect information could lead to penalties, additional fees and possibly criminal charges.
Texas law enforcement officers may give a Breathalyzer to individuals whom they suspect of drinking and driving. The results of this test are often used to help establish a criminal defendant’s guilt of driving while intoxicated. In order to avoid providing such evidence that may ultimately be used against the defendant, the suspect may decide to refuse to take such a test. However, there may be consequences for refusal.
There are various complications that may arise when attempting to acquire or secure home equity in a sale or purchase based on the actions of the buyer or seller. When this occurs, it is important to understand what occurred, how to proceed and if a lawyer’s assistance is necessary to seek a resolution for the problem.
Applying for a patent is a lengthy and costly process that often results in a rejection at least initially for the person seeking to make a commercial success of his or her invention. When rejection appears to be the only answer provided, it is crucial to hire a patent lawyer to help improve the process and seek a successful end result to applications.
Truckers log thousands of miles while driving in and through Texas. When a truck accident occurs, it is important to understand the process involved in litigating a commercial truck accident claim.
The juvenile justice system is set up much differently than the traditional justice system because it focuses on rehabilitation and countering negative behavior. Therefore, there are often additional safeguards that prevent the disclosure of information that identifies the juvenile. Whether video featuring potential criminal action by juveniles can be released depends on state law and circumstance surrounding the action.
Insurance companies have adjusters become part of an investigation when there are issues with businesses and individuals that require an assessment, but these insurance examiners may undergo oaths in court and during certain activities. These situations may require the need for a lawyer to protect the rights of the agent.
When someone dies, the probate process is often used to take care of the decedent’s final expenses and to distribute his or her remaining property to beneficiaries or heirs. However, the probate process can be time-consuming and expensive. For these reasons, many people seek to avoid the probate process entirely. Some ways to accomplish this include:
Home Heating Oil Dumped into Basement Rather than Holding Tank –Environmental Issue or a Negligence Claim?
When an oil company has become involved in the personal property of an individual, it is possible that a negligence or environmental cleanup case is issued against the business entity. For these specific problems, it is crucial to hire a lawyer after determining if there is a claim and what type of case is needed based on the specific factors.
There are additional matters that could lead to eviction other than non-payment of rent, and these issues could cause the tenant to lose out on other opportunities. When eviction is possible, the landlord or property manager usually contacts the tenant in advance, and if necessary, law enforcement officers are available to ensure litigation matters are mitigated or eliminated.
Electronic verification is used for confirming the ability and authorization for a new hire to work within a company through employers using and implementing these systems in the company. While it may cause little impact to an employee that is already authorized to work within the United States, foreign citizens could find themselves greatly affected.
The loss of business interactions, clients, accounts and revenue is all possible when someone creates a fake social media account and issues negative comments and feedback. Because of this it may be necessary to seek legal action against the perpetrator for compensation or another remedy through the use of a lawyer.
Can Uber Drivers Choose to File an Accident Claim with Personal Insurance Rather than Uber’s Insurance?
Working with Uber is often the chance of building a revenue stream without the hassle of going to an office and working for a supervisor that the employee does not like. However, when various issues arise through car collisions or other traffic violations, the question that is of concern is if the personal or company insurance is used for the incident.
Small claims courts provide an abbreviated version of litigating a case when parties are involved in a dispute. However, there are limitations of when these courts can be accessed. Each jurisdiction has its own unique rules regarding small claims cases.
A number of important laws have been passed in the 21st century that have changed the landscape of how defendants charged with drug crimes are prosecuted and sentenced. The move has been to decrease the sentences given to individuals in possession of small amounts of drugs and to reform existing laws so that minority individuals are not given harsher sentences that are targeted to affect their communities more than others.
Federal Acquisition Regulation are necessary when contracting a business with the federal government, but if there are tax delinquencies, the company may face felony charges for the owner or management. Additionally, the FAR may prohibit the ability for a company to seek a government contract when there are outstanding tax delinquencies or previously held felony convictions.
The False Claims Act is involved in several deals that involve the avoidance of Customs charges and attempting to bypass monetary payments and fees when filling in entry forms with the United States Customs and Border Protection agencies. When this occurs, severe penalties and fees may be issued against the company or organization involved.
It is the Bureau of Alcohol, Tobacco, Firearms and Explosives in the United States and similar organizations and agencies that direct the imports and exports of firearms in corresponding countries. New requirements are added and change out others constantly, and these alterations are needed when more information is available about certain issues.
When attempting to lease or purchase a vehicle, many individuals travel to local car dealerships, and it is then that some negative behavior may occur that affects the person adversely. If the dealership runs a credit check, it is possible that this activity could harm the person seeking a vehicle when attempting to secure a loan.
Leases, mortgages and real estate agreements may be riddled with possible negative conditions, terms and covenants, and it is important to have an expert assist in understanding these concerns. In order to avoid possible ambiguous or confusing clauses and information, it is crucial to have a real estate lawyer analyze the data and offer his or her opinion.
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.
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.
When a debtor is considering bankruptcy, he or she should research which option is possible and what chapter is needed based on his or her financial profile. Determining what type of bankruptcy to file may be easily discovered, but it is best to proceed with the knowledge that the applicant does not need to start over due to the wrong information or application.
A 1031 exchange per the Internal Revenue Service is a tax law that permits an investor to carry over any capital gains accrued from real estate investment opportunities to new investments once the like exchange has been purchased. The individuals that take advantage of these exchanges are able to ensure taxes are bypassed through these investments.
Creating a safe and possibly compliant indoor area within a company that is compliant with local and federal laws is not difficult, but it does require additional matters to consider. To ensure that laws and regulations are adhered to completely, the owner or management must ensure that air, water and pollution are all within acceptable limits for filtration and removal.
Families must often make the difficult decision to place an elderly or disabled loved on in a nursing home so that he or she can receive professional care. However, when nursing homes fail to meet this duty, loved ones can be in serious danger of harm or death. When a nursing home neglects the individuals in its care, legal liability may arise.
Drafting and negotiating provisions in teaming agreements can be complex in many situations. These agreements attempt to address the duties, responsibilities and roles of the parties in the event that a protest arises and are often part of many federal contracts.
When the buyer or seller is faced with certain circumstances, it is necessary that the deal is rescinded and the buyer or seller backs out of the deal. However, doing so is complicated unless there are certain provisions or if no paperwork has been signed for the arrangements to proceed to escrow, and then it is important all parties are aware of the conclusion.
When someone is properly performing due diligence in real estate deals before a contract is signed, an estoppel may be discovered at some point. Understanding what this procedure is and how it affects property deals and arrangements is important to ensure a real estate contract and conditions are taken care of appropriately.
Paying taxes is difficult for individuals that work as independent contractors, freelancing and when they own a small business. However, there are options available to these persons that make paying taxes less difficult, and it is important to reach out when there are any problems in completing the task of paying federal or state taxes.
Adoption of individuals is complicated when the person is already an adult and the other party wants to adopt him or her. However, it is possible and is not uncommon for someone to adopt an adult when it is to create or bond with a family that is already related by blood or is chosen by the person being adopted, and this happens to those over 21 often.
Prudent taxpayers can reduce their tax burden or increase their tax refund by taking some last-minute steps before the end of the calendar year.
Financial Investment Lapsed and I Lost the Total Value – Who Was Responsible, Me or My Financial Planner?
Sometimes when someone has hired a financial planner to invest in certain items, real estate or other holdings, the entire value if lost based on the actions of those involved. When this occurs, it is important to know who is responsible and what happened for the money to become lost through a bad investment, and if there is any way to resolve the matter.
When someone is harassed by and individual through a work computer, it is possible that the employer is held liable in these instances due to the work email, computer and other electronic or network involved. However, it is important to seek the help of a lawyer to determine if there is enough strength in the claim to proceed.
Preparing for bankruptcy is often difficult, but the person affected must ensure he or she qualifies based on certain criteria such as the bankruptcy mean test. This is used to determine if the person has low enough income to file Chapter 7 when bankruptcy is the only way out of financial ruin and needed to resolve these matters.
Texas’ dram shop law holds bars and others responsible for serving alcohol to patrons who then go out and cause injuries to others. There are a number of different types of entities and individuals that can be held partially legally responsible for drunk driving accidents based on dram shop law.
Texas personal injury victims can often recover non-economic damages in their personal injury case in addition to their economic damages. However, it is important for victims to understand how these damages work and their limitations.
When a former student is unable to pay for the debts he or she has accrued, it is then time to think about bankruptcy. However, with student loans mixed into these proceedings, the individual that has accrued debts must ensure he or she is covered either by having them removed with the bankruptcy or through possible payments with the loans.
When a person that has entered into a deal to obtain a vehicle through a dealership has his or her unpaid parking tickets added to the amount of the financed loan, he or she may be forced to pay them through the company. Some states permit the arrangements to ensure that the tickets are paid for at some point even if it is with a new agreement through a dealership.