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    The process of family court restraining orders

     

    Copyright 2006 Law Offices of Donald P. Schweitzer The first step to understanding the process of obtaining a family law domestic violence restraining order is to understand that this process is quite different from the process involved when protective orders are automatically put into place by the courts in criminal matters. In criminal matters, the police and the court are empowered to issue “automatic” temporary restraining orders. Evidentiary hearings are not conducted before these restraining orders are put into place. Consequently, in criminal courts the protected party does not need to be a part of the process. In many instances, victims of domestic violence need to obtain a restraining order in family court, for example, where the criminal court restraining order is not adequate to deal with issues such as child support, spousal support, or custody and visitation. In other instances, a victim of domestic violence may need the protection of the family court where criminal charges were not filed or have been dismissed. Unlike criminal matters, the protected party seeking a family law restraining order has to file his or her own papers, attend at least two hearings, and be able to conduct an evidentiary hearing. In addition, the Petitioner in a family court restraining order matter is responsible for ensuring that the Respondent has been served prior to the hearing. At the hearing, Petitioners seeking a family law restraining order must be able to present a case, and convince the judge by a preponderance of the evidence that domestic violence was committed. Thus, a basic understanding of what constitutes domestic violence is essential. In some instances, the matter does not qualify as a domestic violence case, because the parties do not have the right type of relationship. Instead, the case may be filed as a “Civil Harassment” matter, which involves its own unique process and standard of proof. The hearing for a permanent restraining order is essentially a mini trial. At the hearing, all of the rules of evidence apply, and both parties have the right to a meaningful opportunity to present evidence and cross examine witnesses. Preparing for a family court restraining order hearing should include, composing direct and cross examination questions, and when possible, gathering of physical and demonstrative evidence. In this high tech age that we live in, e-mail messages, voice messages, and surveillance video are frequently introduced into evidence to prove or disprove a case. Police reports are also allowed into evidence as an exception to the hearsay rule. Thus, litigants should attempt to obtain police reports, whenever possible, as they can be very persuasive to the judge. People within the legal profession recognize the serious consequences involved with the issuance of permanent restraining orders. Given that restraining orders typically impose significant limitations on a party’s liberty, and can affect a party’s ability to find or maintain employment, these matters are being taken more seriously by the courts in recent years. Courts have become more skeptical of the requests that are made for restraining orders and hold the moving party to his or her burden. Indeed, the days of family courts “rubber stamping” restraining orders appear to be coming to an end. Consequently, it is incumbent upon any person who is faced with having to be a part of this process to do his or her homework before entering the courtroom.

         
    The pursuit of happiness for women

     

    In 1970 a "Jane Roe" filed suit against the state of Texas when she was not permitted to have an abortion. The child in question was a product of rape, and "Jane Roe" did not want to hold with her the harsh reminder of what had occurred to her. Texas granted her an injunction, but they kept the law forbidding women to have abortions. "Jane Roe" and her attorneys Linda Coffee and Sarah Weddington appealed the case and took it to the Supreme Court. What happiness can an abortion provide women is a question demanding to be asked. Women deserve to have the option of abortion not only because it is their right under the Due Process Clause of the Fourteenth Amendment and because it is their constitutional right to privacy, but also to ensure a better happier future for themselves. In today's society women are more upwardly mobile than ever and education and career are no longer taboo considerations. A woman's practicing her right to choice can be due to a myriad of situations; she could have been raped, she could be too young to consider herself a mother, she could be financial unable to support a child, or she can be too busy at trying to keep up with the men in the job market. Women are no long debilitated by pregnancy. Unfortunately, pregnancy can unexpectedly occur even if you are using contraceptives, but where as a man does not need to concern himself with this a woman does. Abortion is not going to be a business woman's singular form of birth control but it is a safety net to fall back on. Abortion can keep a John Hopkins student from swapping medical school for a serving job that makes enough money to buy formula. Abortion can keep women who can to make advancements in science after from quitting midway achieving their bachelor's degree. Although it is still a very heavy moral issue and it is one that no woman can deny is difficult. Every woman understands the gravity of the situation and no woman can make it with out feeling the burden of it on her shoulders forever. Student and business women will think about there decision from the moment they step out of the clinic to the moment their last breathe it is drawn, but they made that decision in the belief that were pursuing something great. It is unjust to make women slaves to their biology. Men have no hindrances due to their biological make up, whereas women have menstruation, menopause, and pregnancy to work through. The Roe v. Wade decision was a pivotal moment in women's struggle to overcome obstacles she faces to keep up with men. It has been said that, "man is born free and everywhere else he is in chains." Woman isn't given that luxury. Woman is born into the slavery of her sex and she fights to break free from that chain. Roe v. Wade put a chink in the chain.

         
    The right to life liberty and the pursuit of happiness

     

    The Bill of Rights exist in many different countries today to protect the people who are within the territorial boundary of the countries' government from unlawful actions that may deprive a person's right to live, security, and other necessities needed to survive. Originating from the British's Bill of Rights, which was literally a bill that was proposed and passed by Parliament in 1689 to protect the basic rights of the people. To effectively have the Bill of Rights into play it must be constantly be enforced by the government that it is trying to restrict. The concept of the Bill of Rights is very popular with the population of countries that hold such a law in their constitution. Such one country is the United States of America in which the United States Bill of Rights protects the residents of the country from its own government from Federal to the local. The United States Bill of Rights was originally a series of amendments brought before the Congress in which ten of the amendments were put into effect in 1791. The First Amendment which states the freedom of religion, speech, press, peaceful assembly and the right to petition the government is the most popular amendment that is in effect today. Though it may have some restrictions like as long as it does not create an imminent threat to the subject and those within the proximity or unless under warfare, the first amendment is in effect. An example is like shouting the word "fire" as a joke in a crowded area as it can create a widespread panic causing casualties or maybe during wartime some things just should be said or written. The Second Amendment is in which gives the resident of the United States of America the right to bear arms. An amendment which is criticized today by those who promote gun safety as those who just promote the right to own a firearm have been known to legally abuse this law. As the law was originally in state for the protection of a resident and his or her family from outside forces that would cause harm to them or for hunting, groups such as the NRA use the amendment to be able to own automatic weapons which are mainly used for warfare and not for such measures as it was originally put into use for. The Third Amendment protects the residents of United States of being forced to quarter troops in their own property in peacetime or even in wartime unless done in a process which is acceptable under the given circumstances. The Fourth Amendment protects the resident from unlawful search and seizures in which they cannot be searched without just cause and or without a warrant, and if there is a warrant, the warrant only allows the items stated within the warrant to be seized within the location the warrant gives permission to search and nothing else unless the item in question is in plain sight and unlawful in other words illegal under the current law. The Fifth Amendment gives the resident due process in which it prevents self-incrimination, double jeopardy, and eminent domain by the government. Where a person cannot convict themselves, be tried for more than once for the same crime, and have the government unlawfully take away property owned by an individual.

         
    Tips on selecting the right personal injury or car accident lawyer

     

    If you are in a car accident and suffer an injury, you should consult with an attorney. Although most people would like to do the right thing and compensate your for your injury, it is rarely up to the person which caused the injury. In fact, it will more than likely be at the discretion of the other person's insurance company. In addition, as we all know, insurance companies will do everything in their power not to offer compensation for your injury or offer a settlement to you way below what you would receive if you had hired a lawyer. If you did not know, insurance companies profit from this type of under compensation. An experienced car accident or personal injury lawyer will know how to negotiate with the insurance company, build your case, and take your case to trial if necessary. It is not advisable for you to meet personally with the insurance company without your lawyer present. Insurance companies will do everything they can to take advantage of you and will obtain statements from you that could jeopardize your case if you should decide to sue. Find the right lawyer can be a time consuming and challenging task. Usually people begin their search when they are in need of one immediately. A lawyer should be selected for their expertise and experience in car accident cases. The right lawyer will have experience in cases such as yours and will be able to take action immediately. The right lawyer will know what to do immediately without having to research your case or check court decisions, as he/she should be familiar with your type of case. Selecting the right lawyer will save you time and money in the long run. Begin your search for your lawyer as soon as possible. A critical deadline called Ў°statue of limitationsЎ± and other deadlines may give you a limited amount of time to take legal action. Do no rely on advice from friends and family in choosing your lawyer, doing so will limit your search for the Ў°right lawyerЎ±. However, if a family member or friend can recommend a lawyer that has work experiences in a case similar to yours, then act on their recommendation and make the appointment to meet him or her. The most important factor in selecting your lawyer is that you are comfortable speaking with him or her and that you feel that a working relationship can develop. A good working relationship and communication can be a vital key to the success of your case.

         
    Tips to hire a good personal injury attorney

     

    Wondering what to do when you have been in an accident, a slip and fall, or a workplace injury? If you have already spoken with in insurance provider for your insurer, it may be time to consider a personal injury attorney. The danger in running right out and hiring a personal injury attorney immediately after injury is that you will have to pay for their services out of whatever payout you ultimately get. So, it is typically wise to first speak with the relevant insurance provider and only then turn to legal alternatives. While speaking to the insurance company will in many situations resolve the issue completely, there may be some situations in which the insurance company either denies your claim entirely or decides to compensate you in a matter that is from your perspective insufficient. In such situations, the premium that you pay out to a personal injury attorney will come back to you in settlement damages many times over. Now, once you are convinced that you need a personal injury attorney, you have to put forth the effort of first finding the right person for your case. Here are a few tips on selecting the right attorney for you: There are a number of online databases of local and regional personal injury attorneys. While most of these are pay per listing or free submission, some actually do provide reviewing services. Even here, however, be wary of putting too much stock in a website’s recommendation as this information can be easily manipulated. Using this online database and your local yellow pages as a sort of general list, it then becomes imperative to narrow this list by looking at the credentials of a particular attorney. Probably the best way to do this is to call your local legal aid clinic, which is free. While these individuals are not in the business of providing recommendations, the bar in a particular city for personal injury usually consists of about fifty to one hundred attorneys, so amongst attorneys word gets around pretty quickly as to who is good and who is not. Another good resource is your city bar association. Your city bar will keep more general information about who has not been sanctioned by courts for malpractice and typically keeps a short list of recommended attorneys. But again, take this list with a grain of salt as there are manipulations going on behind the scenes here as well. Often a better tack is just to have a list of three or four attorneys you are considering and then call the bar association to hear their thoughts on each one. Referrals can be good if you know someone in the legal community. But if not, the best you will get out of a referral is a sort of ‘he/she isn’t incompetent.’ Because let’s face it, most clients have no idea whether the settlement they received was in actuality the best they could have. The final test should always be to meet with the attorney. In such a meeting you can discuss the payment method (contingency or flat-fee), but more importantly you want to try to assess if this individual seems competent. Note things like, what law school he/she attended? Did they pass the bar on their first try? How long have they been practicing personal injury in your state? Will they let you speak with some of their most recent clients? All of these factors taken together should give you a general impression of whether your personal injury attorney is competent, if not good.

         
    Trademark registration in india

     

    A trademark refers to any word , symbol or letters or a combination of these that is used to mark the product so as to distinguish it from the product of another producer. The trademark is useful to make the public aware of the producer or the source of the product. Trademarks play a significant role in product marketing and thus there are certain rules laid down for the registration of trademarks. Every country or nation has a set of rules governing the registration of trademarks. India also has laid down a set of laws governing the registration of trademarks. For trademarks registeration in India the owner has to file an application in writing with the Registrar of Trade Marks in the required format. Different states of India have their own particular offices wherein one can file the application for trademark registration . For instance for trademarks registration in Chennai , one has to file the application as per the prescribed format and make the payment of the fees either by cash, bank draft , money order or postal order favouring “Deputy Registrar of Trade marks”, Chennai. For any other information related to the registration of trademarks in Chennai the Deputy Registrar of Trademarks at the Trade Marks Registry in Rajaji Bhavan , Chennai may be contacted. How to file trademark application in India The Trade Marks Act, 1999 governs all the matters related to trademarks and holds good throughout India. By registering a particular trademark the person gets exclusive rights for its use. Although it is not compulsory by law to register a trademark , registering the trademark provides legal protection to it. The trademark offices in India are situated at five places namely , Ahmedabad, Mumbai, Kolkota, Delhi and Chennai. For the registration of a trademark, the application must be filed in Form TM-1 in any of the five offices of the Trademarks Registry within whose jurisdiction the business office would fall. A fee of Rs. 2500/- must accompany the application form. The application is then processed to check if the trademark is unique and not one that is already registered. If found valid then the next step would involve the publishing of the trademark in the Trade Marks Journal allowing others a chance to raise objection, if any. If it is found that there is no objection from anybody then it is registered as a valid trademark and a certificate is duly issued. In case of any objection and the application rejected by the authority the applicant has a chance for appeal to the Intellectual Property Appellate Board. The general term for which a trademark is registered is for 10 years after which it has to be renewed . One can renew it for another 10 years after the expiry of the first 10 years. In case a registered trademark is not renewed then it is deleted from the register of trademarks. Registering a trademark although not compulsory as per the law , is beneficial due to the legal protection that it offers.

         
    Trademark registration in india

     

    A trademark is any word , letter, symbol or a combination of all these which is used on the product in order to differentiate it from the product of another manufacturer. The trademark is a distinctive mark of the producer and is useful for marketing the product. Trademarks can be registered by any person so as to gain exclusive rights over its usage. For gaining such exclusive rights the person needs to first register the trademark with the concerned authorities. India like all countries has certain rules for trademarks registration in India. There are five offices across India for registration of trademarks and these are located at Mumbai, Chennai, Kolkota, Ahmedabad and Delhi. A person can submit the application for registration of trademark to any of the offices depending upon where he resides and where the office of the business is located. For the purpose of trademarks registration in Chennai , one has to submit the application in the prescribed format alongwith the fees to the office of the Deputy Registrar of Trademarks. All details for the registration of trademarks at Chennai may be obtained from the Office of the Deputy Registrar of Trademarks , Trade Marks Registry, Rajaji Bhavan , Chennai. How to file trademark application in India All matters related to trademarks is governed by The Trade Marks Act, 1999. It is advisable to conduct a good survey of trademarks before submitting the form for registration as it can be rejected in case there is a similar trademark already existing. The procedure for the registration of a trademark involves the filing of the application in the prescribed Form TM-1 alongwith the prescribed fee of Rs. 2500/-. The next step would involve the processing of the application by the concerned authorities to ascertain the validity of the mark . If it is found that no similar trademark exists and that the application can be approved then it is published in the Trade Marks Journal for others to contest. If it is found that nobody has contested the mark , then it is approved and a certificate is issued to validate it. If under any circumstances the application is rejected the applicant still has some hope left as he can make an appeal to the Intellectual Property Appellate Board. The term “TM” written on a product signifies that the particular trademark is registered and is protected under the law. After a trademark is registered the owner must see to it that he renews it regularly (validity is only for a period of 10 years) . The registration of a trademark only provides protection in India and does not hold good in any foreign country. For protection of a trademark the owner must register it in that particular country. Registering your trademark is a good idea as your customers identify or distinguish your product from those of another producer through the trademark . Therefore, it would be advisable to get legal protection to protect your identity.

         
    Understanding tort

     

    : Tort law is different from the laws of contract, restitution, and the criminal law. Contract law protects the parties involved when expectations arise from promises, restitution prevents unjust enrichment and compensation for wrong doing, and criminal law punishes crimes that are so severe (like murder, rape, fraud) that society has a direct interest in preventing and dealing with them. Note that many wrongs can result in liability to both the state (as criminal activity and proceedings) and to the victims (as torts). Tort law serves to protect an individual’s interest in their bodily security, tangible property, financial resources, or reputation. Interference with one of these interests is usually met by an action for compensation, most usually in the form of unliquidated damages. The law of torts aims to restore the injured individual to the position they were in before the tort was committed (the expectation or rightful position principle). In most countries, torts are usually divided into three general categories: intentional torts, negligence and nuisance. Additional categories or subcategories may be recognized in other countries. Some torts are liability torts. This is when the plaintiff may recover by showing only that they suffered an injury, that caused damages, and that the defendant was responsible for causing the damages. There never a need to show the defendant's state of mind or that the defendant breached a duty of reasonable care. Definition of a tort: In his famous treatise, Handbook of the Law of Torts, William Prosser defined "tort" as "a term applied to a miscellaneous and more or less unconnected group of civil wrongs other than breach of contract for which a court of law will afford a remedy in the form of an action for damages." In a limited range of cases, tort law will tolerate self-help, for example, using reasonable force to remove a trespasser. I addition, in the case of an ongoing tort, or where harm is merely suggested, the courts will sometimes grant an injunction to restrain the ongoing threat of harm. Purposes of torts: The law of torts assesses whether a loss that affects one person should or should not be placed upon another person. Some of the consequences of injury or death, such as medical expenses incurred, can be compensated through payment of damages. Damages may also be compensated, for non-pecuniary damages, such as pain. The law of tort can be confusing to many, but as an informed society member we can be wary of its effects on us personally and the nation as a whole. Legal responsibilities can often become overwhelming individually or personally if proper care is not taken. This article and one-way link advertisement provided by LinkAcquire

         
    Understanding your rights when injured

     

    Finding yourself injured can be a troubling, lonely, and confusing experience. Advice will come from several different places and it can be completely overwhelming. It will seem that you have little time or emotional strength to deal with or make sense of your rights or what to do next. It is very important to understand your rights and what type of claim to file to insure that you are properly compensated for your injuries and that the process is as quick and as painless as possible. There are 3 types of personal injury claims in which one may file; negligence, strict liability and intentional wrong. If someone injured you as a result of carelessness on their part then you may file your personal injury claim as a form of negligence on their part. If an injury is caused by the use of a defective product, then you may file a claim as strict liability. If you have an injury is a result of international behaviors of other individuals or institutions, you are able to file a personal injury lawsuit as well as criminal charges. Once you have figured out which type of claim you need to file based on your personal injury, you will need to find a lawyer. It is pertinent that you find one that specializes in personal injury law. Most personal injury lawyers offer free initial consultation to discuss your case so talk to several lawyers before hiring one to handle your case. Be advised, using a small claims court can be a viable option to using an attorney in certain personal injury cases. For minor injuries resulting in say, a car accident, it is best to deal directly with the insurance company as to avoid potentially expensive legal fees. For more serious cases, hiring a lawyer will let the insurance companies know that you are serious about the case at hand and can often help the process move along more thoroughly. No insurance company or defendant wants to deal with a lengthily lawsuit as they are paying the people on their side for their time as well. Remember, the absence of legal representation can put you in a fairly adverse position. There are several important questions that need to be asked once you have found a personal injury lawyer including: • What rights do I have that need to be protected? • What claim letters need to be sent; how many insurance companies must be notified? Will you do this for me? • How long have you and your law firm been practicing law? • When will I be charged? How much? • Will I be charged a legal fee if you do not recover money for me? • Who will pay my medical bills; physical therapy bills; drug bills; transportation expenses; temporary or permanent household help; lost income; property damage; and pain and suffering? Never feel apprehensive about asking questions of your lawyer. You are the one paying for him/her and he/she is there to work for you!

         
    What about alabama child support

     

    : Alabama Child Support In order to receive Alabama child support you must first establish child support. In order to establish child support in the state of Alabama, you must make sure you have a court order verifying the amount of medical support and payment required. You must also locate the non-custodial parent who is avoiding child support. Some parents avoid paying child support by relocating to another state. If you have difficulties locating the non-custodial parent, there are several agencies the will help assist you on locating the missing parent. Child Support Payments Alabama child support payment can be collected by using a system called Alabama Location Enforcement Collection System. Once payments are received at the Alabama Child Support Payment Center, they are distributed to the payee. Alabama has a voice response system which provides automated information on payments and distributions. It is a 24 hour a day service and you can find the number at the address below. Alabama Child Support Enforcement If a non-custodial parent refuses to pay child support, then the Alabama child support office has several actions on enforcing those child support laws. One action it to intercept the tax refund checks. Anytime that a non-custodial parent owes or is refusing to pay child support , the state of Alabama has the right to confiscate any tax refund checks made to the non-custodial parent. Another action would be to garnish the wages from the non-custodial parents pay check. The Alabama Child Support Office will contact the employer of the non-custodial parent and informed them on how much needs to be deducted in order to satisfy the child support payments. End of Alabama Child Support Child support usually ends when the child reaches the age of 19 or when they graduate from high school, whichever happens later. However, if the child attends college and is not working, the non-custodial parent still has an obligation to continue the child support payments. In these hard times it is very important that single parents files for child support. Every child deserves the right to a healthy and prosperous life. Receiving the child support you and your child deserves will help both the parent and the child live that healthy and prosperous life. For more resources on child support laws please click the link below.

         
    What are living trust scams

     

    A. Living Trusts As you know, a living trust is a legal arrangement where a person, called the "grantor," places his assets into a trust during his lifetime. The trust is administered by a "trustee" for the benefit of the trust's beneficiaries. The grantor may be a trustee and a beneficiary of the trust. Living trusts are a widely recognized and legitimate estate planning device. Because assets transferred to the trust are no longer owned by the grantor, at the grantor's death, the assets are not part of the grantor's estate and do not have to be probated. Accordingly, a living trust can avoid what could be a costly, lengthy process. Whether or not this is a major advantage varies by the size of the estate and by state and locality; for small estates, many states have an informal probate process that minimizes cost and delay. Whether a living trust is an appropriate estate planning tool depends upon an individual's circumstances and goals, and state laws. B. Scams Involving Living Trusts Misinformation and misunderstanding about probate and estate taxes provide a ripe environment for scam artists to prey on older consumers' fears that their estates will be eaten up by costs, and that distribution of their assets to loved ones will be long delayed. Some unscrupulous businesses advertise seminars on living trusts or send postcards inviting consumers to call for in-home appointments, ostensibly to learn whether a living trust is right for them. A common practice is to greatly exaggerate the benefits of living trusts and falsely claim that locally-licensed attorneys will prepare the documents. In some instances, consumers send money for living trust kits but receive nothing. In others, the offer of estate planning services is merely a ruse to gain access to consumers' financial information and to sell them other financial products, such as insurance annuities. These practices may violate federal securities laws, as well as other laws. Many state Attorneys General and other authorities, such as disciplinary or grievance committees of state or city bar associations, have taken enforcement actions against living trust scam artists. Some cases have been brought under state Unfair and Deceptive Acts and Practices laws. Others have been prosecuted as the unauthorized practice of law because the salespeople were not lawyers. Even in instances where there may be some attorney review, it may be insufficient to render the activity legal. The U. S. Securities and Exchange Commission also has prosecuted companies purporting to offer estate planning services, such as living trusts, for violating the securities laws through fraudulent investment schemes targeting senior citizens.

         
    What does it take to be a lawyer

     

    : When you see all these handsome Lawyers in TV series like LA Law, sitting in their fancy offices, driving these flashy cars, have you ever realized what they have been through in terms of time, years of education, money, Certifications etc’. Let me Describe to you the Lawyers course of training. Formal educational requirements for lawyers include a 4-year college degree, 3 years in law school, and the passing of a written bar examination. Competition for admission to most law schools is intense. prospective lawyers should develop proficiency in writing and speaking, reading, researching, analyzing, and thinking logically—skills needed to succeed both in law school and in the profession. Regardless of major, a multidisciplinary background is recommended. Courses in English, foreign languages, public speaking, government, philosophy, history, economics, mathematics, and computer science, among others, are useful. Students interested in a particular aspect of law may find related courses helpful. For example, prospective patent lawyers need a strong background in engineering or science, and future tax lawyers must have extensive knowledge of accounting. Acceptance by most law schools depends on the applicant’s ability to demonstrate an aptitude for the study of law, usually through good undergraduate grades, the Law School Admission Test (LSAT), the quality of the applicant’s undergraduate school, any prior work experience, and, sometimes, a personal interview. During the first year or year and a half of law school, students usually study core courses, such as constitutional law, contracts, property law, torts, civil procedure, and legal writing. In the remaining time, they may elect specialized courses in fields such as tax, labor, or corporate law. Law students often acquire practical experience by participating in school-sponsored legal clinic activities; in the school’s moot court competitions, in which students conduct appellate arguments; in practice trials under the supervision of experienced lawyers and judges; and through research and writing on legal issues for the school’s law journal. Law school graduates receive the degree of juris doctor (J. D.) as the first professional degree. Advanced law degrees may be desirable for those planning to specialize, research, or teach. Some law students pursue joint degree programs, which usually require an additional semester or year of study. Joint degree programs are offered in a number of areas, including law and business administration or public administration. After graduation, lawyers must keep informed about legal and nonlegal developments that affect their practice. Currently, 40 States and jurisdictions mandate continuing legal education (CLE). Many law schools and State and local bar associations provide continuing education courses that help lawyers stay abreast of recent developments. The practice of law involves a great deal of responsibility. Individuals planning careers in law should like to work with people and be able to win the respect and confidence of their clients, associates, and the public. Perseverance, creativity, and reasoning ability also are essential to lawyers, who often analyze complex cases and handle new and unique legal problems. Lawyers held about 695,000 jobs in 2002. About 3 out of 4 lawyers practiced privately, either in law firms or in solo practices. Most of the remaining lawyers held positions in government and with corporations and nonprofit organizations. (Source: bls. gov). For Additional Info: lawyers-best-infoweb/

         
    What happens if you get arrested in thailand

     

    Although consular officers cannot serve as attorneys or give legal advice, they can provide a list of local attorneys and help you find legal representation. However, neither the Department of State nor the U. S. Consulate can assume any responsibility for the caliber, competence, or professional integrity of these attorneys. A consular officer will do whatever he/she can to protect your legitimate interests and ensure that you are not discriminated against under local law. A consular officer cannot release prisoners, provide guarantees of their comportment, or provide funds for bail. If you are arrested, immediately ask that a consular officer at the U. S. Embassy be notified. If you are turned down, keep asking--politely, but persistently. If unsuccessful, try to have someone get in touch with us on your behalf. Upon learning of your arrest, a U. S. Consular Officer will visit you, provide a list of local attorneys, inform the Department of State of your arrest and, if requested, contact family or friends in the U. S. or elsewhere. Consuls can help you transfer money, food, and clothing from your family and friends. They will also try to get relief if you are held under inhumane or unhealthful conditions or are treated less equitably than others in the same situation.

         
    What is a judgment lien

     

    A judgment lien is a court ordered lien that is placed against the home or property when the homeowner simply fails to pay a debt. This doesn’t seem like a big deal, but when the homeowner has a judgment lien against his or her home and wants to sell it, the judgment lien has to be paid in full before the home or property can be sold. Judgment liens can be placed against the property for a variety of reasons such as unpaid credit card bills, utility bills, department store bills, landscaping or home improvement bills, and just about any bill that the homeowner has failed to pay in a reasonable amount of time. Any bill that can cause one to end up in court can result in a judgment lien. A judgment lien is different than a trust, in that the judgment lien holder cannot foreclose on the home or the property as trust holder can. Judgment lien holders can demand payment, but ultimately they must wait for the homeowner to sell the property before they can expect to be paid the money that they are owed according to the judgment. Luckily for the judgment lien holder, the court will typically assign an interest rate to these liens so that the lien holder is compensated for their waiting as the interest will continue to accrue until the debt is paid in full. Because the majority of people will live in their home for quite some time, the interest can make a judgment lien grow, and grow, and grow over the years so that it is quite large. Imagine what a lien of just $3,000 would grow to over the years if the interest rate were 15% annually and that would be an even bigger amount if the debt were $5,000 or $10,000! Of course, judgment liens require court action. A creditor will take the homeowner to court where the judge will determine if the homeowner does in fact owe the creditor any money. If the court decides that the creditor is owed the money, and the homeowner will not or cannot make payment, the judge will order that a judgment lien be placed against the property. The judgment lien will then be entered into land records offices for the city or county so that the home cannot be sold without repayment of the debt. Once the lien is filed with the land records office, the judgment lien is said to be attached to the property, meaning that it cannot legally be sold without paying off that lien. If the judgment lien is not listed at the land records office, then it means that the debt or lien is not legally attached to the property and does not need to be paid off to sell the home. A home or property can have numerous liens against it, which may present a problem when the home is to be sold. Fortunately, the law says that liens will be paid off in the order that they were attached to the property, meaning the first lien will be paid first, the second will be paid second, and so on. This is a law that was basically developed for when a home is foreclosed on. If a foreclosed home is auctioned it will first pay off the first lien, then the second, and the third until there is no money left to pay the debts that are still attached or associated with the home. Of course, all trusts against the house, such as mortgages and home equity loans, would be paid off before the judgment liens, so it’s not uncommon for these liens to simply go unpaid because there is no money remaining to pay these debts after the trusts are paid. If there is not enough money to pay for all of the judgment liens and trusts on the home or property, they are then wiped out and can no longer be collected on. Of course, the auction will usually attempt to pay for all of these debts, and they are paid for until there is no money. The reason for this is that the new owner will not be able to get any home equity loans or second mortgages with judgment liens already on the home. If there is money left over after everything is paid off, the remaining amount would go to the foreclosed homeowner as all debts are paid. You can look for judgment liens at the land records office, though you will typically not find them listed with trusts. Investors or homeowners looking to sell their home will have to look into both trusts and judgments, as they are listed in different areas. Investors can often be caught off guard when they realize how much debt is attached to the home, and sellers are often startled at old judgment liens that they had forgotten about and don’t want to afford to pay off in order to sell their home. It’s a good idea to go over all of this information before one bids on a home or attempts to sell it or put it on the market. Judgment liens are not something that anyone wants put against their home, but they are common enough. There comes a time for many people when they simply cannot pay a bill, and a judgment lien is ordered. Making a continued effort to pay down the debt is a great idea so that you don’t acquire large interest fees in addition to the initial dollar amount of the lien. The homeowner does not have to wait until the home is sold to pay off the lien, instead they can be paid off as soon as possible. The judgment lien is simply put in place so that the home cannot be sold without the debt being paid, and when you look at it from the creditors point of view, this is a great tool to ensure that you’ll eventually be paid the amount you are owed in addition to an interest fee that will pay you for waiting.

         
    What is a trademark anyways

     

    We're not necessarily talking about Elvis' trademark sideburns or Catherine Hepburn's trademark voice, but that's not too far from the path. They're everywhere you look, and yet do you really know what they are? Trademarks are a strange animal and it's necessary that you get to know them if you have business endeavors of any kind. Whether you're making your own trademark or using other trademarks, there's a whole lot to learn. The definition of trademark is a pretty simple one. It's only later that the topic gets complicated. Basically, a trademark is just a sign of some kind that distinguishes a company from all the rest. Trademarks sit under the umbrella of “intellectual property.” A trademark can come in many different forms. Maybe it's am image or a a turn of phrase. Paris Hilton was recently poked fun at for trademarking the phrase “that's hot.” Indeed, there's a lot of controversy over what can and should be trademarked. Are you thinking about buying some intellectual property? If you do, you will be able to take people to court if they use your trademark without permission. It's important that your company has a signature and unless it's protected, it's useless and can be used by just about anyone. A trademark might seem a simple concept enough, but if you overlook the issue, it could cost you a lot down the road. When talking about trademarks, you're bound to get into some murky water. For instance, some marks, logos, phrases, images, etc, become trademarks over time, if by chance they simply grow to become synonymous with a particular product or service. When we think of trademarks in this way, it's pretty apparent that a trademark is not a narrow concept at all. Anything that conspicuously distinguishes something from something else, in a sense, can technically be a trademark. What about those little circles with the “TM” and “R” in them? What do they mean? The “TM” refers to trademark and the “R” refers to a registered trademark. While they serve as gentle reminders that the trademark is protected by law, they aren't necessary. There are both unregistered and registered trademarks out there, the latter obviously carrying more weight in a court of law. Most of the trademarks you see on TV and in magazines are registered. Just as with physical property, intellectual property – when handled in court – is dealt with based on its jurisdiction. There are five basic kinds of trademarks: distinctive, arbitrary, suggestive, descriptive, and generic. On the other hand, there are some symbols that can never be used in trademarks, like national flags. It's also important to note that national and international trademark law vary, so especially if you are conducing business overseas, you should be aware of that. A trademark can open your company up to all kinds of business and separate it from the pack, but if it's not formed carefully, it may misrepresent and misdirect your company. So choose your trademark intelligently and make sure you understand the law backing it up so that you can put it to good work.

         
     
         
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