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    A company law jargon buster

     

    Company law is full of confusing terms, and if you don't know what they mean then settung up a company can start to look far more scary than it really should be. Read through this jargon buster and you should find it much easier to understand what starting up is all about. Capital. This is money that is going to be invested in a business. Example: 'I am starting my business with $5,000 capital, $2,000 of which is my own'. Contract. When you sign a legal document, you are entering into a contract. Starting a business lets you sign and enter into contracts on behalf of the business -- the contract will be between the other person and your company, not you. Director. The people ultimately in charge of a company are its directors. For a large company, there will be a boards of directors, appointed by the shareholders. For a home business, though, you can appoint yourself as the sole director since you are also the sole shareholder (see 'shareholder'). Incorporation. This is the formal name for the process of starting a company. Example: 'My business was incorporated in March 2000'. Insolvency. When a company cannot afford to pay its debts. The type of company you have set up will affect what happens in this situation -- you may be liable for all of the debt yourself, or for none. Limited liability. A limited liability company is one where you agree beforehand how much responsibility you will take if anything goes wrong. This protects you from being destroyed financially if something bad happens to your business. Office. Your company's 'office' isn't just a place with computers -- it's also a legal concept, meaning where your company is based. Your company must have a registered office, which means that you can't start a company unless you have an address which would be legal to use for this purpose. Private. A home business will be private, which means that members of the public cannot invest by buying shares. This does not stop individuals from buying percentages of your company if you are willing to sell, though. Starting your company as a private one also doesn't stop you from converting it to a public one later on. Proxy. Someone who acts as a proxy for you acts on your behalf -- you have given them the legal right to speak for you. For example, if you get a lawyer to handle the incorporation of your company, they will be incorporating it for you by proxy. Shareholders. The shareholders are the people who own the company. In your company, you will be the only shareholder (and so own 100% of your business), unless you've made a deal with someone else for them to own a share. Latin. When you're dealing with law, the amount of Latin involved can be confusing. Here are some Latin terms you might come across when you're setting up your company. Bona fide: 'in good faith'. This is used to mean that someone says they are telling the truth. De facto: 'in fact'. Used when something has happened that makes the 'real' situation take precedence from the legal one. De jure: 'in law'. The opposite of de facto. Ex gratia, 'out of grace'. When something will be done for no fee. Prima facie, 'at first sight'. Something that seems true but is wrong. Quid pro quo, 'something for something'. When a fee will be charged for a service (or services will be exchanged). Be Careful with Jargon. However much jargon you might begin to encounter as you start your business, don't start to use it yourself. It will make it so that only 'insiders' will understand what you mean, and everyone else will feel either a little silly or a little annoyed. By the same token, if you're speaking to someone (your accountant, for example) and they use some jargon you don't understand, there's nothing wrong with asking them to explain what they mean -- it's their fault for using an overly technical word, not yours for not knowing it. If you're not sure, there's a simple rule: jargon is for communicating very specific, technical meanings. It shouldn't be used to replace everyday language, as it does nothing but cause confusion.

         
    A guide to alcohol and drugs influence at workplace

     

    In recent years, there are increasing numbers of people who turn up work under the influence of alcohol and drugs. According to a survey conducted by the Health and Safety Executive in 1994, 90% of personnel directors from top UK organisations stated that alcohol consumption was a problem for their organisation. 18% of large company directors reported illegal drug use by their employees in 2004, a survey through the Chartered Institute of Personnel Development and the Reward Group 2004. The impact of an employee under the influence of alcohol or drugs in the work place could be: ? Poor discipline and violent behaviour ? Safety endangered for everyone at the workplace ? Effect on employee relations and team morale ? Poor performance and loss of efficiency ? Lateness and absenteeism ? Unpleasant effects on company image and customer relations. Under the Health and Safety at Work etc Act 1974, it’s the responsibilty of company directors to take into account, as far as is reasonably practicable, the health, safety and welfare of its employees. A director could be prosecuted if he deliberately allowed an employee under the influence of drugs and/or excessive alcohol to continue working whilst placing the employee or others at risk. Likewise, employees are also responsible to take sensible care of themselves and others who could be affected by what they perform. Eg: If you’re working in a transport industry, The Transport and Works Act 1992 makes it a criminal offence for certain employees to be unfit through drink and/or drugs while working on railways, buses, tramways and other guided transport systems. The operators of the transport system would also be guilty of an offence unless they had shown all due diligence in trying to prevent such an offence being committed. How to Deal with the Situation? First of all, an employer should investigate whether the incident happen was a one-off, occurs on a regular basis or he/she has underlying medical conditions (eg: depression, stress). Research has shown that many employees tend to use drugs/alcohol to cope with their work-related stress. If your employee has such medical conditions, provide a doctor consultation and confidential support through her/his problem. This could help stop the behavior. Before a fair dismissal takes place, the employer is expected to observe the whole situation, and offer support. Care needs to be taken before taking disciplinary action. Without any proof or reasonable grounds, employers cannot simply report an employee for a suspected criminal offence. Such action could result in an employee claiming constructive or unfair dismissal. To prevent such situation happen, directors can introduce a policy of random drug and alcohol testing and conduct pre-employment testing for illegal drugs and alcohol misuse. To verify whether you have the adequate alcohol and drug policy, seek advice from a specialist employment lawyer. Visit Find A Solicitor to get the nearest experienced employment specialist solicitor. If you would like additional information or help, you may want to contact the organizations below: Advisory Conciliation and Arbitration Service (ACAS) Brandon House, 180 Borough High Street London SE1 1LW Helpline: 08457 47 47 47 ACAS can provide advice to employers and employees on the employment and industrial relations implications of policies on alcohol at work. Alcohol Concerns First Floor 8 Shelton Street London WC2H 9JR Tel: 020 7395 4000 Alcohol Concern can put you in touch with local alcohol advisory services, in particular those that are members of the Federation of Workplace Alcohol Advisory Services (FEDWAAS).

         
    A guide to lawsuit cash advances

     

    The purpose of a Lawsuit Cash Advance is to help people recover the compensation owed to them for personal injury inflicted upon them either due to a road accident, discrimination at the workplace or any sort of medical or legal malpractice. There are many companies who offer Lawsuit Cash Advances to enable the plaintiffs to fight their legal battle. The Cash Advances are not loans in the traditional sense of the word, for the injured person has to pay back the amount only upon winning the case, but not otherwise. If you are facing a situation where you are looking for a non-recourse loan, you can contact these companies and provide them the details of your case. The companies will then consult a lawyer to get feedback on the merits of the case, and an idea about the anticipated settlement amount. On winning the settlement, you would then have to give a certain percentage of the settlement to the financing company. The usual rate charged by these companies varies from ten to fifteen percent of the settlement amount. Another advantage is that your attorney will have the benefit of the advanced cash. It would enable him or her to prepare your case more effectively, as shortage of funds will no longer be an issue. The attorney will get the necessary time to collect the depositions and find the necessary witnesses. This will, in turn, improve your chances of winning your case and getting a suitable compensation packet. These Cash Advances offer you the opportunity to take your case to the courts. Otherwise you might have to opt for an out-of-court settlement, which could mean that you compromise on the amount. Yet, as a word of caution, it is necessary to add that taking such loans should be your last recourse. This is because, given the risk involved, the companies can ask you to shell out a hefty fee for their services. So before accepting Cash Advances for fighting your lawsuits, you must consider other options to raise the funds.

         
    Accident injury claims done right

     

    When dealing with a car accident, finding and hiring a qualified attorney can help you a great deal. They will help ease your mind through dealing with all the legal aspects of your situation while you focus on coping with the pain and suffering of such a traumatic event. There are lawyers out there ready and willing to make sure that you are compensated for being hurt in a situation that you may not have had any control over. Never hesitate after an accident when seeking medical and legal help. Many people don’t know until much later that they even have an injury after a car accident. They are usually so scared and rattled that if they feel okay enough, they go home and sleep it off and try to reestablish normal activities the next day. Or, if they are in pain, they might seek the advice of family and friends who may tell them not to worry, that it is just neck pain and it will go away with time. This is all really bad advice. There could be internal injuries that over time could become major or even life threatening problems. A very serious problem that is often overlooked is an internal head injury. Just because a car crash victims head is not bleeding, does not mean that they are okay. Closed head injuries often occur some time after the accident and can go unnoticed and often occur when a car crash victim’s head is sudden thrust into a hard surface (steering wheel, dashboard, back of the front seat) at rapid speeds. These types of injuries often do not penetrate the skull and can be overlooked at first. These types of collisions result in internal injuries within the brain. Even whiplash can cause a closed head injury. Other types of closed head injuries include bleeding from the head or face, confusion, lethargy, loss of hearing or fluid drainage from the nose or ears. Another, more traumatic injury caused by car accidents is permanent or temporary paralysis. Paralysis occurs when the vital nerves that control various body parts are damaged or severed. This happens when there is a traumatic impact to the neck or spinal cord resulting in parts of the body not being able to retain the same mobility or sensations that they once had. When paralysis occurs, it can be an extremely difficult time for the victim and his/her family. They are faced with life long challenges and may need constant round-the-clock care for the rest of their lives. Temporary paralysis occurs when a nerve is pinched or inflamed. In any case, seek help quickly. Don’t hesitate. You may be entitled to seek compensation for your injuries. It is important that you contact a qualified car accident attorney today and get a case review.

         
    Advice on claiming compensation for accidents at work

     

    ACCIDENT IN THE WORKPLACE If you are involved in an accident at work, it will be necessary for you to show that your injuries were caused by the negligence of your employer. Your employer is also responsible for the actions of work colleagues who cause accidents involving injury. Please remember that you have an obligation to make your employer aware of any accidents, which occur whilst at work. This information should be properly recorded in the Accident Book. Please note, your employer cannot terminate your employment if you make a claim for compensation. If you are in any doubt or concerned over this, we recommend that you consult us immediately. If you are an employer, self-employed or in control of work premises you are required under RIDDOR to report some types of work-related accidents and accident at work, diseases and dangerous occurrences. Reporting accident at work and ill health at work is a legal requirement under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995. The information gathered helps the Local Authority and the Health and Safety Executive (HSE) to identify where and how risks arise and to prevent reoccurrence and prevent further pain and suffering to employees. You must report all of the following: A death A major injury An over-three-day injury (this is when an employee or self-employed person has an accident at work and is unable to work for over three days, but does not have a major injury); A work-related disease A dangerous occurrence Where a member of the public is taken directly to hospital How Soon Do I Have To Report The Incident? All time limits for reporting accident at work vary depending on the severity and the guide below should be followed. Where the accident has resulted in someone's death or a major injury we need to be notified immediately Over 3-day injuries need to be reported within 10 days. As soon as possible after the doctor diagnosis a work related disease. Dangerous occurrences need to be reported immediately Have you suffered an accident at work? If so, you may well be able to claim compensation from your employer’s insurance company. Work injury can be defined as any accident at work that could have been avoided. And if the work injury were not your fault, you’re entitled to reasonable financial compensation. Our solicitors, who are all fully qualified members of The Law Society panel of personal injury experts. We offer free advice on claims for accidents at work including: Exposure to avoidable health risks causing accidents at work Lack of safety equipment causing accidents at work Exposure to unnecessary hazards or health risk causing accidents at work Faulty machinery causing accidents at work Poorly maintained machinery causing accident at work Unsafe working conditions causing accidents at work If you would like more information on Claiming Compensation for Accidents at Work then please click here ********************************************************************* If you need advice or would just like to speak to someone, please don’t hesitate to give Claims Master Group a call on 08000 71 22 71. The Personal Injury, Accident Claim, No Win No Fee, Accident At Work specialists.

         
    Affidavits are also affirmations

     

    The affidavit is a written version of sworn statement: a voluntary oath before a notary public, judge or commissioner of deed, all of whom are authorized to administer oaths. Both the affiant and the authorized officer are required to sign the affidavit. The affidavit is also a useful tool in rectifying inadvertently wrongful data. A simple example of an affidavit is the “Affidavit of Two Disinterested Persons” purposely to facilitate the correction of another person’s name. These two (2) particular disinterested persons issuing the affidavit are usually older close acquaintances of the other person’s family. The affidavit they swear to will explicitly state that they both know that the person seeking the correction of name is one and the same as that person they know since childhood years, etc. etc. The notarized affidavit then becomes a very important supporting document; usually as attachment to the correction of name or some other form, commonly used by government or private agencies expressly for the purpose of rectifying erroneous entry of persons’ names. On the other hand, affidavits are collected and used in the preparation of lawsuits. Preliminary legal proceedings necessitate that affidavits are completed before the filing of a legal action between two parties in a court of law. A falsely prepared affidavit will result to perjury, which is a criminal offense and is punishable in court. Severe punishment awaits those who dare tamper with facts and figures. Filing of affidavit should be factual and truthful. People, places and circumstances or events should be accurate contents of an affidavit. The affidavit based on prefabrications is incriminating and will hold the affiant vulnerable to a counter lawsuit by the opposite party. Affidavits should always be regarded with care and caution. A notarized affidavit is not something to brandish about or to be used as tool to destroy your enemy – perceived or otherwise. The affidavit speaks for a person and of a person. Depending on the motives by which an affidavit is presented, affidavits can either be moral or immoral. Affidavits can be good or bad. Affidavits, however legalese it can get, is also an affirmation of a person’s being. An affidavit can actually bares one’s soul for the world to know – better or worse. The use and abuse of affidavits is common. Affidavits can make or break anyone. Affidavits can build or ruin an empire. Why? Affidavits spin off court litigations, small or great. Affidavit could be that minute cog of the big machine of justice or injustice. Take your pick!

         
    All the forms you need

     

    Any transaction involving an exchange of money for products and/or services should be properly documents. For purchases of small items, you normally get an official receipt or a docket from the vendor once you hand over your payment. For larger more expensive items such as furniture, equipment, appliances, the process will involve more documentation. In exchange for your hard-earned cash, the seller will not only hand over the receipt, but a warranty card to protect you against factory defects as well. Bigger purchases that can be considered investments, such as cars and most importantly: homes should be handled with utmost care. Not only because it involves a lot of money, but because these transactions will affect the lives of the buyer and the seller for many years to come. Of all the purchase transactions you can do in your life, nothing would be more sensitive and would need attention to detail as that of purchasing or selling a house. Each step of the transaction should be fully documented and if there are revisions that need to be made, these should be recorded as well. Buyers and sellers can opt to prepare the documentation themselves but, due to the number of changes a single transaction can have, being able to catch up with all the revisions may be difficult for the average consumer; and for this reason, ready made real estate forms were produced. Ready made real estate forms can be obtained from the offices of real estate agents or downloaded from various real estate websites. These real estate forms cover all the possible real estate transactions an individual may encounter: from renting to purchasing or selling properties. There are generic real estate forms that can be used by anybody irregardless of their place of residence; and there are also state specific real estate forms that conform to the legal requirements of a particular state. There are also real estate forms that cover disclosure laws (particularly for lead-based paint). Real estate forms can be purchased individually as the user sees fit; or a complete set can be bought. Purchase of individual real estate forms is ideal for those who are involved in short-term real estate transactions, such as having a property leased out. Those who will be embroiled in a real estate deal that may require constant revisions and changes, and for a significant period of time; such as selling homes, are better off purchasing the complete set. Buyers of ready made real estate forms can be assured of the accuracy of the forms format, their legality and their contents. The manufacturers of ready made real estate forms spent much time and energy verifying that their documents will be honoured by any legal entity. These real estate forms are generally up-to-date but it would help if you checked law offices or real estate agents for the latest updates, although since real estate laws and regulations are not revised often, real estate forms generally stay the same for long periods of time. Through the development of ready made real estate forms, the process of conducting real estate transactions has become much easier. Ordinary laymen now have the option of doing everything themselves and forego the services of realtors.

         
    Amending old laws to punish new governors

     

    The Mann Act was passed in 1910 its purpose was to prosecute individuals who were in the business of trafficking young ladies for the means of prostitution across state lines. This law was set into motion to combat immigrants who kidnapped women and forced them to work into brothels. The official title of the law is White Slave Traffic Act, because the women that were abducted were driven to prostitution out of fear. The law is a product of its time, but since 1910 it has undergone a couple of Amendments to keep it significant to modern times. The current interest in the Mann Act has been sparked by New York's Governor Eliot Spitzer. Prosecutors are considering charging Governor Spitzer of violating the law. Although, Governor Spitzer is the most current celebrity to be linked to the Mann Act he is not the only one. African American boxer Jack Johnson, film star Charlie Chaplin, and musician Chuck Berry have all been prosecuted under the Mann Act. Jack Johnson received the maximum sentence of one year and one day. Mr. Johnson's conviction has been speculated to be a racist act, because the woman he was transporting was his white girlfriend. Charlie Chaplin was charged, but not found guilty. Chuck Berry served five years for a variety of different charges as well as the Mann Act. In Mr. Berry's case it was a young Apache girl that he contracted to work at his club as a hat check girl who was later convicted with prostitution. The Mann Act's first amendment occurred in 1978 when it included in the transportation of minors for both male and female sexes. In 1986 the protection of minors was furthered as well as replacing out dated terminology. The 1986 amendment replaced "debauchery" and "any other immoral purpose" for "any sexual activity for which any person can be charged with a criminal offense." The Mann Act has acted as a tool for social stigma being the case with Johnson and Chaplin. It is understandable that federal prosecutors would want to charge Spitzer with the Mann Act for degrading his reputable position. If he is found guilty under some nuance of the Mann Act it would definitely be federal prosecutors making an example of him. For the governor of such a big state to be involved with any illegal activity is unacceptable. The Mann Act has been used as a slap on the hand in the past, but it shouldn't be abused to shame people. Spitzer is stepping down from office and has to work through the damages his decisions are going to take on his marriage. He will be put on trial and convicted for soliciting prostitution. There is no need for public flogging anymore, so there shouldn't be a pressure to charge him of the Mann Act. Society has evolved beyond the point of cruelty and shame as a form of punishment. The man is ashamed enough of what he has done, so why should there be a need to reproach him any further on the matter.

         
    Americans fear crime

     

    Are you afraid of crime? Do you think about becoming the victim of crime often? According to the Sourcebook of Criminal Justice Statistics, many Americans fear becoming the victim of crime often. As I will show in this article, the fear crosses all lines—sex, race, education, age and profession. Subjects were asked if they were afraid to walk alone around their neighborhood or any area within one mile from it at night. The results may surprise you. They will clearly show that fear of walking alone at night is one of the most common fears among Americans. According to the most recent data available, only 19% of all men surveyed said they felt safe walking at night alone around their neighborhood. In stark contrast, 47% of all women surveyed said they felt perfectly fine walking alone. Looking back at the earliest numbers available, which would be from 1973, illustrates that this response is normal. In 1973, only 20% of men surveyed felt safe walking alone at night verses an astounding 59% for women. Among white individuals, an average of 30% feel safe walking at night in their neighborhoods. Contrast that to the 41% of black individuals that felt safe. Even though there is a slight disparity among races, the numbers still show that the majority of people don’t feel safe at night. Historically, the numbers for white individuals who feel safe at night has always been 10-22% lower. The numbers only go back to 1973. One would think that the numbers might be different if the study was conducted in the 1950s and 1960s. Education and age factors are similar. No matter what the education or age difference, the fear level is about the same. For instance, regardless of the education level obtained, roughly 68% of those with some schooling were afraid to walk at night around their neighborhood. Those individuals that were 21-49 showed the most fear. 71% of those surveyed in this group were afraid. The least afraid group was 18-20 year-old individuals. However, 59% of this group was still afraid of walking at night. As far as professions go, those in the Clerical/Support field were less likely to be afraid at night. Just over half, 54%, stated that they were afraid to walk alone at night in around their neighborhood. Those in the Manual/Service field were most likely to be afraid—74%. As you can see, fear of walking alone at night in one’s own proverbial backyard is a frightening event for most Americans. There’s little doubt that the media and their constant barrage of criminal sensationalism has something to do with this. However, historical data proves that it’s a condition that has existed for some time and shows no sign of vanishing anytime soon.

         
    An introduction to california dui attorneys

     

    DUI is an abbreviation for ‘Driving Under Influence.’ These are laws pertaining to drunken driving offenses. With rampant DUI cases there are plenty of lawyers available today and some are free of cost. There are many factors you will need to consider (like the penalties of the trial), and consultation can put it in perspective for you. You will go to trial, and need to get a good, reliable lawyer to represent you. There are many DUI lawyers who are not trustworthy. Some of them boast of a lot of experience but they have little to show for it. Improper representation can have the court coming down very hard on you, so you have to be careful when you pick your lawyer. The first thing you must find out about your attorney is if he or she specializes in DUI. Lawyers tend to specialize in trying certain types of cases. If your lawyer takes on a wide variety of cases, both civil and criminal, then you are probably talking to a lawyer who does not specialize in DUI cases. If your lawyer represents only DUI offenders, he or she is likely to know the law very well. Go for someone who is a ‘DUI only’ attorney. A good DUI attorney will also have access to technical experts, and have full knowledge of police procedures. A good DUI lawyer will also settle the fees and expenditures in advance. When getting a contract down on paper, make sure you check if the fee covers charges for DMV hearings. Also, find out if the attorney is a member of the National College of DUI Defense. You can also get a rating on your prospective lawyer through the Martindale-Hubbell International Directory of Attorneys. Conclusively, a good DUI lawyer is necessary if you are charged with a DUI offense. A specialist lawyer is important to your successful defense.

         
    An introduction to california dui laws

     

    In California, the DUI laws are written under the California Vehicle Code VC 23152 Alcohol and/or Drugs. The DUI law was codified back in 1935. The law distinguishes between a misdemeanor and felony. According to its definition, a misdemeanor doesn’t imply any injury to person or property. The section 23152 is specific in dealing with drunken misdemeanors. The penalty for such a crime can be up to 6 months in jail. The law makes driving after drinking or consuming any other substance that influences the senses unlawful. The phrase ‘Under the Influence’ is much debated, especially since it can’t be clearly defined and symptoms vary from person to person. The commonly accepted definition of under the influence refers to any person who is not fully conscious, tends to stumble, loses coordination or reacts slowly. The definition also includes the partial loss of visual sense. The law also quantifies the unlawful limit of alcohol as being .08% of the weight of the person. So, you are unfit to drive if you have consumed more alcohol than .08% of your body weight. A person is required to undergo a chemical test if he or she is arrested under DUI. The results of this chemical test are used as evidence in court. Therefore, the court will consider it as a final proof of your guilt and pass sentence accordingly if you are unable to prove the chemical test results incorrect. There are virtually thousands of DUI cases tried every year. There are several attorneys who are specialists in DUI. Apart from chemical tests, several other factors also influence your trial, such as your previous record and the charges against you. Also, a good attorney can use technical expertise to pick holes in the prosecution’s case and help you avoid penalties.

         
    Are prenuptial agreements affected by changed circumstances

     

    Fundamentally, we are talking about a contract between competent adults, which should ordinarily be enforceable and not subject to modification. Unfortunately, prenuptial agreements are routinely attacked at the time when party or the other seeks to invoke its terms. Clients must therefore understand that contracts for goods or services are different than contracts between married people, or between those who plan to be married. In New Jersey, the New Jersey Supreme Court in the case known as Lepis V. Lepis, created the quintessential loophole, enabling potentially endless modifications of family support provisions, regardless of whether they were ordered by the Court or stipulated to by the parties. The only requirement for this review is a significant and relevant change of circumstances. Such contract-loosening changes are typically required to be unanticipated, substantial and non-temporary. The powder keg language of Lepis reads as follows: “Contract principles have little place in the law of domestic relations.” That being said, NJ divorce lawyers must pay close attention to five key points. First, it is important to note that properly drawn prenuptial agreements are given the initial presumption of validity. By “properly drawn” we mean that the parties were independently represented by counsel, that there was no coercion or duress, that there was an appropriate level of financial disclosure, and that the agreement was essentially fair. At the time of attempted enforcement by one party, the burden of proof for showing that the agreement is somehow unconscionable is borne by the party seeking to avoid enforcement. Otherwise, the prenuptial agreement should be enforced. Second, a prenuptial agreement will not be considered to be unconscionable unless it can be shown that enforcement of the agreement will result in a standard of living for any party that is “far below that which was enjoyed before the marriage.” Third, soon after the Supreme Court’s finding in Lepis, clever New Jersey divorce attorneys came up with the idea of incorporating anti-Lepis clauses into their property settlement agreements. This sort of thinking can be applied to the drafting of a prenuptial agreement as well. Such clauses can prevent alimony liabilities, or can ostensibly limit them in the event of divorce. To add yet another level of complexity, the anti-Lepis clause itself can be the subject of a modification motion. As equivocal as this may sound, sometimes these clauses are enforceable, and sometimes they are not. Fourth, if the objective is to attack an antenuptial agreement at the time of attempted enforcement, the New Jersey divorce lawyer is wise to read the case of Marchall v. Marchall. In Marchall, the Court stated that antenuptial agreements should be regarded as subject to modification by reason of “changed circumstances” in the same manner as property settlement agreements. This statement, however, was only in dictum, and does not fall into the category of binding precedent. Notably, Marchall was only a Trial Court decision, and therefore not binding on the courts of other counties, as an Appellate level or Supreme Court level decision would be. The Marchall decision was also decided four years prior to the adoption of the Uniform Premarital Agreement Act in 1988. Furthermore, the Marchall decision predated the Appellate level decision in Morris v. Morris, which case expressed the teter totter viewpoint that sometimes anti-Lepis clauses are enforceable and sometimes they are not. Fifth, the case of Pacellii v. Pacelli must also be explored. In Pacelli, a mid-nuptial agreement was involved. This agreement was entered into between the parties some 11 years after their marriage and after having two children. The Appellate Division refused to enforce this agreement. The Appellate panel found that the agreement was unfair when it was entered into in 1986 and likewise unfair when enforcement was sought in 1994. The Court did not believe that such mid-nuptial agreements should be treated the same way antenuptial agreements are treated. The Appellate Division opined that “the dynamics and pressures involved in a mid-marriage context are quantitatively different.” When a prenuptial agreement is executed under circumstances devoid of coercion or duress and where the requirements of the Uniform Premarital Agreement Act are met, Lepis should not apply, and the agreement should not be modified. The only exception would be under the unconscionability standard of the act. Ironically, that is exactly the same standard that was used for modification of New Jersey matrimonial agreements prior to Lepis, under Schiff v. Schiff. Apparently, sometimes the old ways are the best ways.

         
    Arkansas child support and enforcement

     

    : Child Support Arkansas child support is known to be administered under the Office of Child Support Enforcement. The (OCSE) is under the jurisdiction of the Division of Revenue, which is within the Department of Finance and Administration. Applying for Child Support Any parent who receives state assistance, such as Foster care or Transitional Employment Assistance will be automatically referred to the Office of Child Support Enforcement for any child support help. Child Support applications can be obtained through your local child support enforcement office or by calling the local number which is provided for you by clicking the link below. The Office of Child Support Enforcement aims to retrieve at least a partial amount of the actual cost of services that it provides to parents that are not in the Transitional Employment Assistance programs. These cost include: legal work done by an (OCSE) attorney, cost to establish paternity, and the expenses of locating the missing non-custodial parent. Enforcing Arkansas Child Support Child support laws, weather state or federal provides a numerous amount of tools and methods that Arkansas child support can us to collect and enforce child support laws. These methods include: income withholding, property liens, unemployment compensations deducted, reporting any debt to the credit bureaus, the suspensions of drivers licenses etc. These methods will be enforced on any non-custodial parent who is behind are refuses to pay child support. Modifying Arkansas Child Support Over the years child support orders may need to be modified due to a change in life styles. The OCSE office can provides assistance with these procedures. You may also modify a child support order and have it terminated if the child no longer needs support. In today’s world, child support plays an important role in the custodial parent and child’s life. Child support payments assist the custodial parents to provide and nurture their children. Child support payments help pay for food, clothes and anything else the child may need to survive and live a health live. For more information on Arkansas Child Support, please click the links below.

         
    Asset protection and fraudulent transfer

     

    : According to information provided by plan-my-estate an estate planning and asset protection resource web site, a Fraudulent Transfer aka Fraudulent Conveyance is a transfer which a debtor makes for the purpose of defeating a creditor's collection efforts against the debtor. This typically happens when, say, a debtor attempts to "sell" everything to his wife, cousin or business partner for $5 to keep his stuff out of the hands of his creditors. If the court figures out that the transaction is a sham to defeat the creditor, the court will set aside the transaction and make the person holding the assets give them to the creditor. Basically, Fraudulent Transfer Law is this: You can't do anything which would impair the rights of your unsecured creditors, if you do then the courts will simply ignore what you have done. There are thousands of individuals and companies that, through e:mails or via internet web sites, offer to help you protect your assets from creditors, ex spouses and or taxing authorities. Many of these individuals and businesses help you protect your assets by having you take actions that can or will put you in violation of the Uniform Fraudulent Transfer Act. This could, in the long run, not only end up causing you to lose the assets that you were trying to protect but also cost you additional money in court costs, attorney's fees or collection costs. Additionally, if you had a family member or friend help you, he or she could end up in court or having his or her credit harmed by having a judgment entered against him or her. Many of these asset protection schemes involve transfering assets to someone you trust, a spouse, other family member, friend or a business that you form. As far as I can determin, if the creditor can prove that the transfer was done in order to avoid creditors, then under the Uniform Fraudulent Transfer Act the creditor has several remedies depending on the circumstances. These remedies can include causing a judgment to be entered against both you and the transferee, causing the property transfered to be attached or levied upon or causing a lein to be placed against the property. There are other remedies set by statute. The one thing that all of these remedies have in common is that you, the transferee or both of you could be held liable for the costs of obtaining and enforcing the remedy. Note: Another thing to think about. Over the years I have been involved in numerous asset search and recovery matters where the person that the bank account, collectibles, stocks, bonds, real estate or other assets were transfered to ended up closing out, selling or otherwise transfering or encumbering the assets, leaving the original owner with nothing. No matter how much you trust someone today you never know what the future will bring. Other services offer to set up a revocable living trust. They state that the assets then will belong to the trust and be protected from your creditors. As any competent attorney will advise you, this theory is completely false. Since the assets placed in the trust are yours and since you control the trust then you and the trust are the same thing and a creditor can go after any assets placed in the trust. While a revocable living trust may not be a fraudulent transfer, neither is it a way to protect your assets from creditors. I am not saying that all asset protection companies are worthless or might get you into trouble. I assume that there are some excellent and knowledgeable asset protection companies out there. I just would feel safer getting advice directly from an attorney. The best way to find out if your assets can be protected and if protecting them is worth the cost is to seek the advice of an attorney who specializes is asset protection, debt collection, estate planning or, in certain cases, bankruptcy law. In some cases the attorney will provide a free or low cost consultation. Note: I am not an attorney and none of the foregoing should be construed as legal advice. This article is written strictly as my opinion based on life experiences through both my personal life and my work as a private investigator dealing with attorneys in asset search and recovery matters. As in all matters of law you should always consult an attorney before taking on any legal endeavor.

         
    Ataxic cerebral palsy lawyer

     

    Ataxic cerebral palsy accounts for five to ten percent of all cases of cerebral palsy. In this form of cerebral palsy, there is damage to a part of the brain called the cerebellum that helps maintain balance and coordination. When the cerebellum is damaged, it can result in poor muscle tone or hypotonia, difficulty maintaining balance and a normal gait, tremors, disorders of depth perception and an inability to control the range and motion of voluntary movements. As a result, children with ataxic cerebral palsy often demonstrate a wide-based, unsteady gait. They may also have intention tremors that are tremors that occur while attempting voluntary movements. Voluntary movements are typically clumsy and difficult to perform; finer movements, such as writing, are most severely affected. Coarser movements such as reaching for objects may also be difficult due to altered depth perception. Rapid, involuntary side-to-side movements of the eyeballs, or nystagmus, may also be present. Children with ataxic cerebral palsy may also suffer from several other conditions, such as seizures, mental retardation, and visual and hearing defects. Poor muscle tone, abnormal posture or movements and a delay in achieving the normal developmental milestones of infancy may raise the suspicion of ataxic cerebral palsy. A physician makes a diagnosis of cerebral palsy by combining a careful physical examination of the patient with findings from imaging methods, such as CT scans and MRIs. These findings are collectively used to determine whether the brain is developing normally or not. Unfortunately, there is no cure for ataxic cerebral palsy. The disease can however be treated. There are people who think that ataxic cerebral palsy was caused because of a doctor’s error. In this case, it is definitely advisable to seek the counsel of an expert cerebral palsy lawyer. The lawyer must perform an investigation to gather all the information surrounding the ataxic cerebral palsy incident to first see if a strong case exists. Ataxic cerebral palsy tends to become progressively worse as the patient ages. An experimental treatment called chronic cerebella stimulation places electrodes on the surface of the cerebellum. It is thought that stimulation of cerebella nerves through these electrodes may improve balance and muscle tone. However, results have been mixed so far. Again, if you are confused or have questions about causes and treatments of this disease, seek legal advice.

         
     
         
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