17 November

Sticky

Prima Facie Meaning

Posted by StewAtt2019

Prima Facie Meaning in Legal Dictionary

Prima facie is a Latin term meaning “at first look”, “at first sight”, “on first view”, or “at first appearance”. In law, it is used to refer to a case where the evidence before the court is sufficient to support a judgment in the plaintiff’s favor, without any need for the plaintiff to produce any further evidence.

In common law jurisdictions, prima facie is the standard of proof in civil cases. In a criminal case, the prosecution must prove its case beyond a reasonable doubt, which is a higher standard.

In order for a plaintiff to win a civil case, they must prove their case by a preponderance of the evidence, which means that it is more likely than not that their claim is true. This is a lower standard than beyond a reasonable doubt, which is required in criminal cases.

Prima Facie Case Example

Prima Facie Case of Discrimination

There are four elements that must be present in order to establish a prima facie case of discrimination:

The plaintiff is a member of a protected class;
The plaintiff was qualified for the job or position he or she applied for;
The plaintiff was not hired for the job or position; and
The job or position was given to someone who is not a member of the protected class.

The burden of proof is always on the plaintiff in a civil lawsuit. This means that it is the plaintiff’s responsibility to prove that discrimination occurred. In order to make a prima facie case of discrimination, the plaintiff must present enough evidence to show that discrimination is a possibility. This is a lower burden of proof than “beyond a reasonable doubt,” which is required in a criminal case.

There are many different types of discrimination, but the most common are race, gender, age, and disability. If the plaintiff can prove that he or she was qualified for the job or position, and was not hired because of his or her membership in a protected class, this is usually enough to establish a prima facie case of discrimination.

For example, assume that John is a qualified African American man who applied for a job as a salesperson at a store. The store hired a white woman with less experience than John. John could file a lawsuit against the store, alleging discrimination. In order to make a prima facie case of discrimination, John would need to show that he was a member of a protected class (African American), he was qualified for the job (he had experience as a salesperson), he was not hired for the job, and the job was given to someone who was not a member of a protected class (the white woman).

If the plaintiff can establish a prima facie case of discrimination, the burden of proof then shifts to the defendant to show that there was a legitimate, non-discriminatory reason for the plaintiff’s not being hired. For example, if the store can show that John was not hired because he did not have the necessary sales experience, this would be a legitimate, non-discriminatory reason for not hiring John.

If the defendant cannot show a legitimate, non-discriminatory reason for the plaintiff’s not being hired, the plaintiff may be able to prove that the defendant’s stated reason is a pretext for discrimination. A pretext is a false reason that is given to cover up the true reason.

For example, assume that the store’s reason for not hiring John was that he did not have the necessary sales experience. However, John could prove that the real reason he was not hired was because of his race by showing that the store hired a white woman with less experience than him. This would be evidence of pretext.

If the plaintiff can prove that the defendant’s stated reason for not hiring the plaintiff is a pretext for discrimination, this is usually enough to prove that discrimination occurred.

There are many different ways to establish a prima facie case of discrimination. The specific facts of each case will determine what type of evidence is necessary. An experienced discrimination lawyer will be able to review the facts of your case and advise you on whether you have a strong prima facie case of discrimination.

How Do You Make a Prima Facie Case?

In order to make a prima facie case, one must first investigate the matter at hand and gather as much evidence as possible. This evidence can take many forms, including but not limited to: eyewitness testimony, physical evidence, video or audio recordings, or written documents. Once the evidence has been collected, it must be analyzed to determine whether or not it is sufficient to support the claim being made.

If the evidence collected is sufficient to support the claim, then a prima facie case has been made and the burden of proof shifts to the opposing party. The opposing party must then disprove the claim or else the claim will stand.

There are many different types of cases that can be made using a prima facie approach. For example, in a criminal case, the prosecution must prove beyond a reasonable doubt that the defendant is guilty of the crime(s) in question. In a civil case, the burden of proof is lower, and the plaintiff only needs to show that it is more likely than not that the defendant is liable.

Making a prima facie case can be a difficult task, but it is often necessary in order to prevail in court. With the help of an experienced attorney, you can increase your chances of success.

A prima facie case is one where the plaintiff has presented enough evidence to entitle them to a judgment in their favor, without the need for any further evidence. This is a lower standard of proof than beyond a reasonable doubt, which is required in criminal cases.

If the defendant in a civil case challenges the plaintiff’s evidence and raises a genuine issue of material fact, then the burden of proof shifts to the plaintiff to prove their case by a preponderance of the evidence. This means that the plaintiff must now prove that it is more likely than not that their claim is true.

If the plaintiff in a civil case fails to prove their case by a preponderance of the evidence, then the defendant will likely prevail.

In a criminal case, the prosecution must prove its case beyond a reasonable doubt. This is a higher standard of proof than a prima facie case, and it means that the prosecution must prove that there is no reasonable doubt that the defendant is guilty.

If the defendant in a criminal case challenges the prosecution’s evidence and raises a genuine issue of material fact, then the burden of proof remains on the prosecution to prove its case beyond a reasonable doubt.

If the prosecution in a criminal case fails to prove its case beyond a reasonable doubt, then the defendant will be acquitted.

16 October

0 Comments

Sticky

Strategic Lawsuit Against Public Participation (SLAPP)

Posted by StewAtt2019

in Attorney News

Strategic Lawsuit Against Public Participation (SLAPP)

In recent years, increasing attention has been given to lawsuits motivated by a desire to censor or silence those bringing up a matter of public interest or concern through defamation lawsuits. Such a lawsuits is referred to as a “strategic lawsuit against public participation,” or SLAPP.

When a plaintiff files a SLAPP, the plaintiff knows he or she will not prevail. The plaintiff aims to instill fear or create legal expenses for the defendant to contest the claim, so that the defendant will cease his or her criticism. Usually, a SLAPP follows a legal threat or cease and desist letter.

Because of concerns regarding these lawsuits thwarting the First Amendment rights of people to speak freely on issues, dozens of states have passed anti-SLAPP legislation to counter the abuse of the courts to censor those raising legitimate issues of public concern. California enacted an anti-SLAPP law in 1992, which gives a defendant the right to strike a lawsuit meant to stifle free speech or the right to petition with a motion. The defendant who files an anti-SLAPP motion must show that the lawsuit aims to undermine constitutionally protected free speech, after which the plaintiff is burdened by showing that it has a reasonable chance of prevailing according to established law. This motion effectively stays discovery, so that the defendant is not burdened with the legal expenses during this part of litigation. If the motion is denied, the defendant has a right to appeal that decision. Should the defendant prevail on the anti-SLAPP motion, the defendant will be entitled to recover reasonable attorney’s fees.

Though SLAPPs may be motivated by a desire to chill free speech or criticism, they may backfire on plaintiffs by generating publicity due to what is termed the “Streisand effect.” The Streisand effect, coined by Mike Masnick of Techdirt in 2005, is named after Barbra Streisand, the famous singer who sued a photographer for taking photographs of and publishing her Malibu beach home to document coastal erosion for the California Coastal Records Project. As a result of this highly-publicized lawsuit, hundreds of thousands of people visited the website in the following months to look at the photograph in dispute. The Streisand effect takes place as a result of the psychological phenomenon of people motivated to see and hear what they are told they cannot or should not, thus amplifying rather than stopping the dissemination of the subject matter, especially on the internet. The defendant countersued and won in Streisand v. Adelman et al., in California Superior Court, case SC077257.

The challenge of SLAPP legislation comes in balancing the right to access the courts with the right of freedom of expression. Due to the complex nature of this problem, current SLAPP legislation in the majority of states that have enacted it may not sufficiently address the problem of vexatious lawsuits aiming to chill free speech and petitioning of government. More legal cases relating to SLAPPs will arise in the future, hopefully fleshing out the underlying issues better and bringing about more settled law to better protect the rights of all affected.

13 September

0 Comments

Sticky

The Role of Premise Liability in the Average Person’s Life

Posted by StewAtt2019

in Attorney News

The Role of Premise Liability in the Average Person’s Life

What is Premise Liability and what is the role of it in the average person’s life

All people, regardless of how they spend their days, have some risk of being injured on a commercial piece of property. When you go to the grocery store, shop for new clothing, visit the dentist to have your teeth cleaned, take in a movie, or dine at your favorite restaurant, there is always the potential that you can be injured while on the business’s property.

PREMISE LIABILITY

Hurt on Property Owned by Someone Else? We Know Premises Liability Law

We have recovered millions of dollars due to dangerous property conditions. Many injury victims do not realize they have rights that entitle them to compensation when injured on rental property or property owned, managed or operated by another. It could be your own rental unit or someone else’s, another’s home, a place of business, etc. Because property owner liability can be more risky and complex, requires more work, skill, and money to handle than most firms have, many law firms do not take them, or if they do, they choose to settle with insurance companies for pennies on the dollar. If this has happened to you, you should contact Tough Defense Attorney. We have handled many of these cases, have years of experience, understand the type of expert witnesses needed in each case, and can get you the medical treatment you need. We also have the money and trial skills necessary to get you the money you deserve.

A landowner must exercise reasonable care not to subject others to an unreasonable risk of harm and must act as a reasonable person under all the circumstances. This means that property owners must keep their properties safe. They must inspect their premises for dangerous conditions that are not readily apparent. If they do not, and someone is injured they may be responsible for all the harms and losses that result. A competent lawyer can prove a landowner did not act with “reasonable care” in a variety of ways. For instance, they can obtain admissions from various employees during depositions that the company had inadequate safety rules to protect others, or their employees failed to follow company safety rules that were in force at the time of the incident. At Paternoster Law Group, we enjoy working on these cases, and as a result, have successfully represented many clients injured by dangerous property conditions.

DANGEROUS ELECTRICAL CONDITIONS

In one of our cases, three workers suffered severe burns while on the job caused by an electrical arc. After the lawsuit was filed, an extensive investigation occurred, many depositions were taken, and it eventually became clear that an air conditioning unit was leaking water onto an electrical panel causing the electrical arc that injured our clients. Not only was the unit leaking on an obviously dangerous area, depositions and documentation proved that the property owners were aware of it, chose not to fix it, and did not warn anyone of the dangerous conditions. The defendants settled for millions of dollars during the first week of trial for an undisclosed amount.

FALLING OBJECTS

Landowner liability extends to these types of cases. If objects fall from higher areas and injure you, you may be entitled to compensation. Some examples would be products falling from a shelf at a grocery store or home improvement store. Buildings sometimes have inadequately secured lighting fixtures, cabinets, or door frames, and can cause injury.

STAIR RAILINGS

Because there are countless ways to get injured you should always consult with an attorney to analyze and discuss your rights with you. On one occasion our firm represented a man in a case turned down by 10 other law firms. Our client was highly intoxicated with a blood alcohol level of 3.0. He tripped and fell down the stairs of a two-level townhome he was renting but grabbed the stair railing after he tripped and started to fall. The railing broke, forcing him to fall head first down the staircase, sadly causing a neck fracture and spinal cord damage resulting in paralysis. The highest offer before trial was $85,000, but we ultimately recovered millions of dollars, settling for an undisclosed amount, convincing the insurance defense lawyers that stair railings exist for people that need them (intoxicated or otherwise unable to stand without assistance).

The key to this case was taking numerous depositions until a handyman at the complex testified the property manager knew but had ignored repeated problems with this identical type of railing in the other townhomes, and then failed to fix the safety issue or warn our client about the problem with the railings before his fall. In other words, because the property manager had failed to give notice of a dangerous condition that contributed to our client’s catastrophic injuries and failed to act, we were able to overcome the comparative negligence, if any, related to our client’s drinking. Our position was that he was not negligent despite his extremely high blood alcohol level, because if a person cannot drink in his own home, where can he drink?

FAULTY CHAIRS AND FURNISHINGS

We have handled many cases where our clients were injured due to faulty furniture maintenance. You could be injured at a pool because of an improperly secured umbrella or a chair fails and breaks. Many of our clients have been injured at casinos, hotels or restaurants after a piece of furniture fails. Another client was injured while getting his hair washed and his chair failed. Discovery revealed the owner had tried to repair the chair at home with welding tools even though he had no training as a welder. We have represented clients injured while sitting on aging pool furniture purchased by his home owners’ association. Another was hurt because a landscaping crew cut a shrub too low, leaving the exposed roots sticking out of the ground. Another client tripped because a landowner removed a tree and failed to replace it, which left a hole in the grate surrounding area where the tree was removed. In another case, a client tripped at a casino pool over the leg of a lifeguard stand that was hidden from view. Again, the possibilities are endless and only a qualified lawyer with years of experience can sufficiently evaluate your case and explain your rights to you.

INADEQUATE PROTECTION IN SWIMMING AREAS

Many families have suffered devastating loss because a condominium or apartment complex failed to secure or guard the pool area. Children and others who cannot swim must be protected from the dangers relating to operating a pool. These tragic cases can be caused by inadequate fencing, warnings, alarms and other life safety equipment. If it’s a public pool or pool in a rented home or apartment, defendants may be responsible. It could be a dangerous condition, failure to follow safety protocol, or inadequate supervision by an unqualified or an insufficient number of lifeguards. Only an experienced law firm like Tough Defense should investigate serious drowning injuries or death.

FIRE CASES

The same principles of landowner responsibility apply to these cases. A law firm will investigate the source of the fire and why it was able to injure or kill someone before he or she escaped. In addition to the premises liability law set forth above, depending on the type of property the incident occurs on, the landowner must also comply with the appropriate building codes. Failure to do so can result in their accountability for all losses they caused. A competent law firm will root out the fire source, if possible, to determine if liability lies with the manufacturer, maintenance personnel, or property owner where the fire occurred. Even if the fire source cannot be determined, the landowner may still be responsible for failing to install, maintain and supervise smoke detectors and other fire safety equipment.

Because these fire losses are typically severe, only the most qualified and experienced law firms should handle these cases. Tough Defense has handled all these types of cases and many more, and because of our experience, we understand what to look for to ensure our clients receive the best representation available, recovering for all financial, medical and human losses permitted by law.

Although businesses may have new structures that were built to code, premise liability refers to their obligation to keep every area of their premises safe. Failing to maintain any area of the business including replacing damaged railings, using the right quality of flooring, or keeping spills out of the floor can result in a customer falling and becoming injured. Tough Defense explains that “Some of the most common examples of premise liability include:

Slip and Fall Accidents
Staircase Accidents
Accidents from Improper Maintenance
Insufficient Security

…but there are many areas where the validity of a liability claim may come into question.”

Slip and Fall Accidents Examples

Slip and fall accidents are one of the most common types of accidents in the workplace. They can happen to anyone, at any time, and in any place.

The most common causes of slip and fall accidents are:

Wet floors or surfaces
Poor lighting
Uneven surfaces
Lack of handrails or guardrails
Slippery substances on the floor (e.g., oil, grease)

Staircase Accidents

The staircase is one of the most dangerous places in the home. It is a place where accidents can happen at any time. The staircase is a place where people are often carrying heavy items, such as laundry baskets, suitcases, and grocery bags. This makes it difficult to see what is on the stairs and to avoid tripping over something that has fallen down.

The staircase can also be a place where people are not paying attention to their surroundings because they are focused on other tasks or they are distracted by their phone or tablet. This can lead to accidents when someone trips over something that has fallen down the stairs or when someone falls down the stairs themselves.

Uneven surfaces

Uneven surfaces are a common problem in the world of architecture. They can be found in many different places, from sidewalks to staircases. The unevenness of these surfaces can cause problems for people with disabilities and the elderly.

The unevenness of these surfaces can cause problems for people with disabilities and the elderly.

Lack of handrails or guardrails

The lack of handrails or guardrails is a major problem in the construction industry. It is a safety hazard that can lead to serious injuries and even death.

Construction workers are at risk of falling from heights, being hit by heavy objects, or getting caught in machinery. The lack of handrails or guardrails can also lead to falls from ladders and scaffolding.

The lack of handrails or guardrails is a major problem in the construction industry because it leads to serious injuries and even death. Construction workers are at risk of falling from heights, being hit by heavy objects, or getting caught in machinery. The lack of handrails or guardrails can also lead to falls from ladders and scaffolding.

Slippery substances on the floor

Slippery substances on the floor can be a hazard for people who are walking. It is important to take precautions to avoid accidents.

Some of the slippery substances that you might find on the floor are:

Water
Ice
Oil
Grease
Snow
Salt

Other Premise Liability Examples:

Tripping hazards
Cracked pavement or concrete
Negligent landscaping
Insufficient security
Negligent upkeep
Uncovered holes
Objects falling from ceilings or signage
Electrical defects
Defective fire prevention systems
Defective stair railings
Unsafe balconies
Poor lighting in dark parking places
Dog attacks
Nightclub injuries caused by overly aggressive security
Lead poisoning due to peeling paint
Industrial, commercial property injuries
Asbestos exposure
Attacks in dark areas
Swimming pool drownings

Premise liability refers to a business’s obligation to create a safe environment for the customers that enter their establishment. When an accident does happen, it is important for the victim to treat the incident seriously; even if it doesn’t feel like it at the time. The fall that causes a little sting to the knee or a little soreness to the back today could end up being a lot more noticeable by tomorrow. Even broken bones aren’t always detected right away. Make sure you file an accident report with the business so that you have the accident on-hand. Get immediate medical attention and find an experienced personal injury attorney who can help you determine if you have a legitimate claim.

The Not-So-Obvious Liability Injury

The causes of some accidents are glaringly obvious. A broken step or a handrail that gives way leaves little room for doubt. Others may be less obvious and can possibly be missed even after the accident victim has taken a tumble. For example, retail stores are required to use specific types of rugs or safety mats that will stay in place on the floor. When a customer trips over the corner of an inappropriate rug, their accident and resulting injury is due to the business’s negligence in choosing the right safety equipment.

Determining whether liability is at question following an accident can be difficult in a number of situations. Once the person has filed an accident report and gotten medical care, their next step should be to speak with an attorney with a great deal of experience in premise liability cases.

The attorney will look at the evidence in the case and the actual cause of the accident to determine whether the business was negligent in maintaining the premises and whether the accident victim has the right to pursue compensation. Any injury that results in medical bills, pain and suffering, time off from work, or an inability to perform their normal duties has the right to compensation that will help them live as normally and comfortably as possible.

The following language is required pursuant to Rule 7.2, Atlantida Rules of Professional Conduct. No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. This web site is designed for general information purposes only. The material contained in this web site does not constitute legal advice and is not guaranteed to be correct, complete, comprehensive or current. You should not act or rely on any information contained on this site without first seeking the advice of an attorney. The information presented on this site should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship. The only way to become a client of the firm is through a mutual agreement in writing. Any e-mail or other communication sent to the firm or any of its lawyers through this website will not create a lawyer/client relationship and will not be treated as confidential. <strong>Lawyer Website Example</strong>. © 1995 - 2020. All Rights Reserved.

20 August

0 Comments

Sticky

The Most Common Kinds of Medical Malpractice Cases

Posted by StewAtt2019

in Attorney News

Medical Malpractice Lawsuit

The basis of a medical malpractice lawsuit is negligent treatment by act or omission on the part of the healthcare provider that falls below the accepted standard of practice in the medical community and causes injury or death to the patient. Injured patients file medical malpractice suits to gain compensation for their pain and suffering — which can be significant. The most common causes and types of medical malpractice cases are as follows.

Prescription Drugs Mistakes

Errors relating to prescription drugs are a common form of medical malpractice cases. The side effects or damage caused by a prescribed drug may be unknown to the patient for a period of time, and may go unreported by the practitioner who prescribed the drugs. There are often a number of defendants involved in a prescription drug malpractice case, including doctors, pharmaceutical companies, and other healthcare staff members such as nurses or pharmacists.

Medical malpractice cases for prescription drug mistakes are often caused by these occurrences:

Incorrect medicine/dosage
Unsafe medicines
Illegal prescriptions
Unforeseen side-effects

Incorrect Diagnoses and Surgical Mistakes

Another common form of malpractice occurs when a patient goes to a doctor for expert advice in diagnosing and treating an ailment, and the doctor misdiagnoses the cause of the problem. The doctor may treat the patient for one ailment, only to later discover that they suffered from a more serious underlying impairment. If that’s the case, the doctor may be held responsible for not taking the necessary measures to make an accurate diagnosis. In the case of a surgery, a surgeon may have performed a procedure and damaged or scarred another area of the body in the process. A patient has the right to file a medical malpractice case if negligence from the doctor or surgeon can be proven.

Birth Injuries

A number of complications often occur during the childbirth process. This doesn’t always fall into the category of a medical malpractice, however, if there was negligence or improper treatment that injured the child during or after the labor and delivery process, the family may have a case.

Common childbirth injuries associated with malpractice cases include:

Wrongful death
Cerebral palsy
Asphyxiation
Brain damage

Although money may not make up for the pain and suffering endured, the plaintiff has the right to be compensated. The injuries caused by medical malpractice may never totally heal, and can prevent an individual from returning to work which can cause significant financial problems. Too often, these financial pressures are exacerbated by the need for further medical treatment, causing plaintiffs in medical malpractice cases to often experience serious financial difficulties. A personal injury settlement advance is a great way to get the money needed to handle expenses while waiting for a medical malpractice case to settle.

20 August

1 Comment

Sticky

Family Law | Types Of Family Law Cases

Posted by StewAtt2019

in Attorney News

Family Law

Family law has become a major component of law, including such legal issues as divorce, child custody, paternity, adoption, domestic violence, and other matters. In particular, divorces have created a growing need for lawyers who can handle the complex and sensitive issues involved in such cases.

A family law attorney can help a client navigate through the legal obstacles in a divorce to obtain the most favorable settlement or financial outcome for the client. It may be particularly advisable to have an attorney in a case involving the division of very valuable assets. An attorney can also assist a client to obtain a favorable outcome with regard to a child custody or alimony dispute. Though it may be attractive to think of the legal system as fair and objective, a person representing himself or herself may have to deal with the cognitive bias of the judge regarding those who represent themselves, and thus not be given as much flexibility or consideration as would be given to an attorney.

A divorce attorney who is experienced in the technical aspects of a divorce proceeding can also provide peace of mind to a client, allowing the client to focus on other things. Those who handle their divorces without legal representation are more likely to make mistakes that may cost them time and more money in the long run.

Another aspect to family law that has seen enormous growth are paternity cases, especially with the advent of DNA testing. Now, more than ever, the determination of biological relationships can be made with great accuracy in a scientific manner. DNA testing can provide a high probability that a person is a biological father, and can exclude a person who is not the biological father with 100 percent accuracy.

What are the different types of Family Law?

Types Of Family Law Cases

Termination of Adoptions and Parental Rights.
Domestic Violence and Protective Orders.
Child Custody and Paternity.
Name Changes.
Marriage Dissolution.
Juvenile Matters.
Guardianship.
Estate Planning.

Termination of Adoptions and Parental Rights.

The termination of adoption and parental rights is a legal process that terminates the legal relationship between a child and their adoptive parents. The termination of adoption and parental rights is also known as the termination of parental rights.

The termination of adoption and parental rights can be done voluntarily or involuntarily. Voluntary termination means that the adoptive parents agree to terminate their relationship with the child, while involuntary termination means that a court order has been issued to terminate the relationship between the child and their adoptive parents.

Domestic Violence and Protective Orders.

Domestic violence is a serious issue that affects many people. It can happen to anyone, regardless of age, gender, race, or sexual orientation. Domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over the other partner.

A protective order is a legal document issued by the court that requires one person to stop abusing another person. A protective order may also require the abuser to stay away from the victim and their children and other family members.

Child Custody and Paternity.

Child custody is the legal right of a parent to have their child live with them. It is also the responsibility of the parent to make decisions about their child’s upbringing.

Paternity is the legal recognition that a man is the father of a child.

Child custody and paternity are two different things, but they are often confused because they both involve children and parents. Child custody deals with who has legal rights to make decisions about a child’s upbringing, while paternity deals with who has biological ties to a child.

Marriage Dissolution

Marriage dissolution is the process of ending a marriage. It can be done by mutual consent or by one spouse filing for divorce.
Marriage dissolution is the process of ending a marriage. It can be done by mutual consent or by one spouse filing for divorce. Marriage dissolution is also known as divorce and has been around since ancient times. The first recorded divorce was in Rome in 200 BC when a woman named Papilia filed for divorce from her husband, Lucius Tarquinius Collatinus, because he had been having an affair with Lucretia, who was married to another man.

Papalia Lucret Rome Divorce Case

The first recorded divorce was in Rome in 200 BC when a woman named Papalia filed for divorce from her husband, Lucius Tarquinius Collatinus, because he had been having an affair with Lucret. Read more here: Ancient Romans led the way in no-fault divorce

Juvenile Matters

Juvenile Matters is a nonprofit organization that provides legal representation to children in the juvenile justice system.

Juvenile Matters was founded in 1974 by a group of lawyers who were concerned about the lack of legal representation for children in the juvenile justice system. The founders believed that children should have access to lawyers who could advocate for them and protect their rights.

The organization has grown from its original staff of three attorneys to more than 100 attorneys, paralegals, and support staff. Juvenile Matters now operates offices in California, Washington, Oregon, and New York City.

Guardianship

Guardianship is a legal relationship between an individual and a minor.

A guardian is someone who has the legal responsibility to care for and make decisions on behalf of a minor. Guardianship can be granted by the court or by operation of law.

The guardian has the right to make decisions about the child’s education, health care, and religious upbringing. The guardian also has the right to consent to marriage, enlistment in military service, and other major decisions on behalf of the child.

Estate Planning

Estate planning is the process of making decisions about how to distribute your assets after you die. It is important to plan for the future and make sure that your family will be taken care of.

There are many different types of estate plans, but they all have one thing in common: they are designed to protect your assets and provide for your loved ones.

Family Law and DNA Tests

DNA tests can establish if a person is legally obligated to support a child, and conversely they can exonerate men who are falsely accused of being the biological father to a child so that they do not have to support them as if they were. These tests can also provide some men with a sense of closure in case there is uncertainty as to whether they are related to a child.

All states have enforcement measures for men deemed to be fathers under the law — or to have paternity. States can track down fathers by DMV records, employment records, social security numbers, and other methods to compel support for a child. Those who are found to be “deadbeat dads” may have their property seized, wages garnished, and can even be jailed.

In cases of domestic violence, besides criminal proceedings against an abuser there may also be civil proceedings. Domestic violence may involve the cost of hospitalization or treatment for injury, as well as emotional distress. In a civil case for domestic violence, the testimony of a mental health expert, such as a psychiatrist, psychologist, or counselor may be beneficial for a plaintiff to prove the extent of psychological trauma he or she has suffered. Victims who have been stalked in particular may have a claim for emotional distress.

We aim to provide the public with information and resources to deal with these and other matters related to family law.

The following language is required pursuant to Rule 7.2, Atlantida Rules of Professional Conduct. No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. This web site is designed for general information purposes only. The material contained in this web site does not constitute legal advice and is not guaranteed to be correct, complete, comprehensive or current. You should not act or rely on any information contained on this site without first seeking the advice of an attorney. The information presented on this site should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship. The only way to become a client of the firm is through a mutual agreement in writing. Any e-mail or other communication sent to the firm or any of its lawyers through this website will not create a lawyer/client relationship and will not be treated as confidential. Lawyer Website Example. © 1995 - 2020. All Rights Reserved.

20 August

2 Comments

Sticky

Criminal Law

Posted by StewAtt2019

in Attorney News

What is Criminal Law?

Criminal law is an area that has gotten increased attention in America due to changes in public attitudes towards certain types of crimes as well as concerns about the rate of incarceration. In particular, there have been growing efforts to legalize marijuana in many states and to address what is perceived as excessive incarceration in the nation.

Currently, about 2.5 million Americans are incarcerated, making America the leader in total and per capita incarceration worldwide. Because of this unique approach to criminal law, America’s prison system has been referred to as a “prison-industrial complex.” Critics have countered that this practice of incarcerating millions of people, particularly for non-violent offenses, contradicts the founding principles of our nation of “liberty” and “freedom.” Moreover, the electronic records that follow Americans charged or convicted of crimes may follow them throughout their lives, preventing them from being as economically and socially productive as they might otherwise be. The damaging effects of this system, critics argue, extend well beyond the time that non-violent offenders are confined.

Prison-industrial complex

Critics of the “prison-industrial complex” also have asserted that the criminal justice system’s focus on non-violent offenses such as marijuana possession clog up the courts and prevent them from focusing on more serious crimes, in addition to burdening taxpayers with the costs of prosecuting these cases. A number of states are having problems with prison overcrowding, and undoubtedly mandatory minimum sentences for drug offenses are a contributing factor. In fact, some states are spending more money on building prisons than on building schools, which has raised alarm bells among some politicians and social activists regarding the ethical and practical basis of the system.

The privatization of prisons and alleged quota systems among police departments have also been areas of heated dissent. It is believed by some critics of this system that a privatized prison system incentivizes locking people up rather than rehabilitating them or seeking other reasonable alternatives, again damaging the potential contribution of many individuals to society and the economy. Arguably, with quotas, which are officially denied by many police departments, police officers are forced to “hunt” for arrests in order to meet them and keep their jobs. The quota system is alleged to be a factor in provoking tensions between police departments and minority communities throughout the nation.

How a Criminal Lawyer Can Help?

A criminal lawyer can help a client by giving the client a good idea of the strengths and weaknesses of the case against him or her, after reviewing the facts and evidence, and can work with a prosecutor to reduce the charges by having the client agree to a plea, if the case warrants it. The lawyer can offer alternatives to a prosecutor, such as rehabilitation, probation, or restitution, to prevent the time and expense of a trial and to prevent or minimize jail time. The lawyer can also help the client mentally prepare for a case by giving him or her an idea of the process, its length of time, and the likely outcome of a case. Those charged with a crime and unable to afford to pay for a criminal defense lawyer are entitled to a public defender at the government’s expense.

Those accused of committing a crime may want to consider finding an attorney who will best defend him or her against a charge or set of charges. This page will provide links to resources and firms that may be of interest to those accused of a crime or to their friends or relatives.

The following language is required pursuant to Rule 7.2, Atlantida Rules of Professional Conduct. No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. This web site is designed for general information purposes only. The material contained in this web site does not constitute legal advice and is not guaranteed to be correct, complete, comprehensive or current. You should not act or rely on any information contained on this site without first seeking the advice of an attorney. The information presented on this site should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship. The only way to become a client of the firm is through a mutual agreement in writing. Any e-mail or other communication sent to the firm or any of its lawyers through this website will not create a lawyer/client relationship and will not be treated as confidential. Lawyer Website Example. © 1995 - 2020. All Rights Reserved.

18 July

0 Comments

Sticky

US Traffic Law – US Traffic Regulations

Posted by StewAtt2019

in Attorney News

The US traffic law has become an area of enormous growth due, in part, to the implementation by many cities of red light cameras, which have raised legal and ethical questions among the public. Traffic stops have also become an unofficial way for cities to raise revenues, thus being used as a form of tax collection. This practice also raises ethical questions as it creates a conflict of interest for those issuing tickets, with emphasis on revenue generation over public safety. Nonetheless, US traffic law is critical for public safety, as hundreds of thousands of people die each year from drunk driving, reckless driving, speeding, and other traffic infractions.

Legal Challenges to Red-light Cameras – US Traffic Law

In some states, legal challenges to red-light cameras have been raised, at times bringing about a suspension of the programs. Some courts have decided that cities cannot delegate traditionally law enforcement duties to third-party vendors who provide the technology. Some attorneys are therefore urging those who’ve been issued a ticket to contact an experienced attorney or firm that deals with traffic matters to potentially challenge the ticket, with the legal cost substantially lower than the ticket.

Tickets and Insurance Premiums – Traffic Law

Because insurance premiums may be tied to traffic tickets, it may be advisable in certain cases to consult an attorney to to beat the charge or to avoid accruing points on one’s driving record that may affect insurance premiums. These raised premiums may last for years. Simply paying the ticket may amount to an admission of guilt. An attorney that has dealt with a large number of traffic cases may be able to look at a client’s driving history, the ticket issues to the driver, and thus offer a strong defense to prevent the accrual of points. In some cases an attorney can even prevent a license from being suspended or revoked.

How do traffic tickets affect car insurance premiums?

When car insurance companies determine your premiums, one of the most significant factors they look at is your history of traffic tickets. The more traffic violations and speeding tickets you have on your record, the more likely you are to get in an accident and cost your car insurance company money.

It is important to note that ignorance of the law is not a defense for breaking it. Arguing that one was specifically targeted is also unlikely to be successful argument in court. A judge hearing the case is likely to decide that the enforcement of the law is paramount.

One must also be careful about challenging a ticket pro se in court on the assumption that the ticket-issuing officer will not show up for the scheduled hearing, resulting in the charge being dismissed. Sometimes, particularly for more serious offenses, the officers will show up. If one is to challenge a ticket pro se, it’s best to have a solid legal basis for the challenge in case the officer shows up.

DUI Charges

Because of the fines for driving while intoxicated, the issuing of citations for this offense has also become a source of revenue for some counties. Unfortunately, some drivers may be accused of driving under the influence by an officer when in fact they are not, in the officer’s haste to meet a quota or due to poor judgment. Because of the legal consequences to such a serious offense, legal representation may be advisable. An experienced attorney may also be able to call into question the legality of the search or arrest of a driver, or to obtain a reduced sentence for the accused.

DUI Traffic Law – Driving under the influence

Typically, DUI will be charged as an enhanced misdemeanor or a felony if one of the following extenuations apply:

The driver had an extremely high level of alcohol or drugs in his system, well beyond the legal limit;
This is a repeat offense – the longer your history of DUIs, the more severe charges you will face. ;
The driver was driving recklessly at the time of the offense;
There was someone seriously injured in the accident.
The punishment will also depend on any victim’s death or injury if there is a significant negative impact on public safety.

At Tough Defense, we will provide resources to arm the public with information and access to some of the best traffic law attorneys nationwide.

14 July

1 Comment

Sticky

Employment Law – Examples and Explanations

Posted by StewAtt2019

in Legal Corner

Employment Law - Examples and Explanations

What is Employment Law?

Employment law is very important for our society, as it protects the workforce as well as businesses from illegal activities and dangers. Because of the vastness of the labor market, employment law has become a much-needed area, particularly for the public. Employment law encompasses such topics as discrimination, retaliation, safety, and working conditions, among many other areas.

National Labor Relations Act (NLRA)

The National Labor Relations Act (NLRA), a federal law established in 1935 by President F.D. Roosevelt, gives workers the right to form or join unions, complain about pay and working conditions, and also protects businesses from coercive actions by unions, among other things. The NLRA established the National Labor Relations Board, the agency that receives complaints by workers and businesses related to purported violations of the NLRA, and investigates these complaints to decide if they have any merit.

Title VII of the Civil Rights Act

Title VII of the Civil Rights Act, established in 1964, established the Equal Employment Opportunity Commission (EEOC) to enforce the rights of those discriminated against on the basis of race, ethnicity, color, religion, sex, and national origin. Title VII has since been modified to include protections for pregnant women, those with disabilities, those discriminated against based on age, as well as those discriminated against based on sexual orientation or gender identity. Importantly, Title VII provides protections for workers against employer retaliation, an aspect of the law that has seen enormous growth of litigation over the last decade.

President Kennedy addresses the nation about civil rights.

President Kennedy addresses civil rights in 1963. Kennedy made a legislative proposal for the Civil Rights Act of 1964 on June 11, 1963, from the Oval Office. Kennedy moved over his earlier arguments to legality and stated that the pursuit of racial equality was a just cause, expressing civil rights as a moral problem.

Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act of 1993, or FMLA, was established by President Bill Clinton to “balance the demands of the workplace with the needs of workers.” The Act allows eligible employees to take up to 12 weeks off each year to attend to serious personal or family emergencies dealing with illness, death, pregnancy, adoption, and foster care. This Act was created due to growing concerns about workplace demands keeping parents from spending critical time with their newborn children in the weeks and months following child birth. This Act expressly prohibits retaliation or interference related to employees exercising their FMLA rights.

Occupational Safety and Health Act

The Occupational Safety and Health Act of 1970 created the Occupational Safety and Health Administration (OSHA) that enforces safety and health regulations in the workplace. They handle complaints from workers alleging violations of safety and may do unannounced inspections of work sites to ensure they are in compliance with laws. The Act protects workers from retaliation or adverse action as a result of reporting a violation.

Whistleblower Protections

What is Whistleblowing?

A whistleblower reports waste, corruption, abuse, fraud, or dangers to public health and safety to someone who is in the position to rectify the wrongdoing. A whistleblower typically works inside the organization where the wrongdoing occurs; however, being an agency or company “insider” is not essential to serving as a whistleblower. What matters is that the individual discloses information about wrongdoing that otherwise would not be known.

There are also various whistleblower protections, some of them falling under the federal laws already mentioned. The False Claims Act, established in 1870, places penalties on those who defraud the government while providing it with supplies or doing contractual work, with whistleblowers given a portion (typically 15-25 percent) of whatever money is saved at the conclusion of a trial or settlement. The qui tam provision of this law allows those not employed by the government to assist the government in a prosecution and to collect a portion of the proceeds.

Whistleblowing takes an enormous amount of courage and often causes a severe emotional strain toward those who take part in it, as they are likely to encounter hostility from organizations that want to maintain the status quo or cover up wrongdoing, especially where profits are concerned.

Employment Law Protections

These are just some of the employment law protections in place for workers. We aim to provide access and links to the best legal resources and law firms to protect the rights of the American workforce and businesses. We also have a web page on mandatory arbitration agreements, given that they have become so commonly used by employers today. Many people feel they prevent employees from exercising their basic rights.

20 August

0 Comments

Sticky

MECHANICAL RIGHT And MECHANICAL REPRODUCTION RIGHT

Posted by StewAtt2019

in Attorney News

MECHANICAL RIGHT And MECHANICAL REPRODUCTION RIGHT

WHAT IS MECHANICAL RIGHT OR MECHANICAL REPRODUCTION RIGHT?

What is Mechanical right ?

The term “mechanical” or “mechanical license” or “mechanical reproduction license” has its origin from early 20th century when “piano rolls” were used for recording the music on it. Mechanical right covers the mechanical reproduction of a recording in multiple copies. A mechanical reproduction license grants the rights to reproduce and distribute copyrighted musical compositions (songs) on CD’s , records , tapes, ringtones or in any Digital configurations. Concept is primarily to share the royalty incomes received from mechanical reproduction (utilised in any format) among authors , publishers and / or owners / other owners (as per contractual obligations) , covering widely any copyrighted audio composition rendered mechanically; that is, without human performers. Essentially, a mechanical license is a written permission from the publisher or by the literary and musical work author (if not assigned to publisher) to manufacture and distribute record, CD or audio tape for a specific copyrighted composition.

In india, Mechanical rights existed since the inception of the Copyright legislation (as reproduction right) , however till the Copyright amendment 2012 there was no need to look into it in detail particularly on sharing the proceeds derived on reproduction (mechanically) ( unless any agreement to the contrary) because all the exclusive Copyrights vested with the Producer and / or other owners ( publishers and music companies/ record labels).

The Mechanical (reproduction) copyright in a recorded work should not to be equated with the Copyright of the sound recording. These two rights are distinct from the bundle of rights given by the statute. Technically a Mechanical reproduction right is raised whenever a reproduction (copy) or format transfer takes place and this has been adequately covered under section 14 (a)(i) (ii) of Copyright Act 1957.

Copyright Act 1957

Even today also ( particularly as per the business model in India is concerned) the ownership of mechanical rights (i.e) reproduction rights are first taken from the original authors of musical and literary work by the cinematographic film producers and then it’s assigned to music companies (unless any agreement to the contrary) who does the business of publishing (as publisher) and of the sound recording BUT…… the twist is that in the recent amendment of 2012 ,authors have been given complete protection for receiving the royalty from utilisation in ANY FORM as per the proviso added in Section 18 & 19 in Copyright Act 1957 ( irrespective of whatever complex business structuring being done by the film producer , publisher or music companies). Further, for mechanical right royalty (reproduction right) for (Lyric writer and composer in particular) once they part with it by way of assignment, licensing or on work made for hire “the royalty sharing on equal basis with the assignee of Copyright for ANY utilisation” is in tact. Students are advised to read carefully the newly inserted last proviso in Section 17 read with Section 30A , 18 & 19 of Copyright Act 1957.

On plain reading the above section(s) ,proviso(s) and sub section(s) it’s crystal clear that under no circumstances (except the exemptions carved ) the right to royalty of the author cannot be waived and any agreement to contrary “shall” be void. That means while executing the contracts if the cinematographic film producers or publisher or sound recording producers have chopped the hands of authors – “right to receive royalty” cannot be stopped for utilisation of such work in ANY form. Therefore, post 2012 onwards, “Mechanical reproduction right” in India is the most crucial for publishers / authors and other owners from financial standpoint in sharing the royalty among themselves.

Examples of Mechanical rights are :- when CD is issued by the record labels, when MP3 is purchased for downloading , Music video stream, when music videos are reformatted for broadcasting , when music is uploaded in Broadcaster’s grid for Broadcast etc. Therefore , royalty from various sectors like TV Broadcasters, online download and streaming services (music and radio) including mobile networks, record labels producing physical products, TV production houses, Ad agencies ( for TV and Radio Ads) etc have to pay to the Mechanical right society which will be shared among music publishers , composers and authors.

As per Indian Copyright Act 1957 the term is not defined and there is no need also because this right is considered as part from the “bundle of rights”. Please note , various rights that are assigned (and named) while utilising for commercial exploitation is not defined in Copyright Act 1957. For instance video rights , Internet rights , publishing rights, satellite rights etc are not defined but these rights emerges from the bundle of exclusive rights given under the statute.

From above explanation it can be safely derived that Mechanical Right (reproduction right) section 14(a)(i) and Section 14(a)(ii) Distribution (issuance right) which helps to facilitate the issuance of the copyrighted work to be reproduced mechanically , originally belongs to authors and later it is assigned to Publishers which they have to share with the authors thru collective administration society (Mechanical Right Society).

Another important aspect that to kept in mind is that , business dynamics is anti-clockwise in India but the essence of mechanical rights (reproduction right) is same as found in other parts of the world. For instance, in west the lyric writer and the composer approaches the publisher first and then publisher makes the deal with the record label and / or studios. In India , it’s reverse. Lyric writer and music composer first approach the film producer / studios and then the producer assigns to record label which they have their business under one hat as publisher and recording company. The reason for this primitive structuring in film and music industry in India is primarily due to the reason because till the Copyright Amendment 2012 there was no statutory requirement to share any royalty with the authors.

Now with the royalty sharing legislation that has come up in recent amendment of 2012, these two functions (publishing & recording) should be in different entities otherwise if any injunction passed for non payment of royalty, whole company will come to stand still. With the ongoing conflict, the situation is inevitable as with each financial year passing its generating contingent liability which is statutory in nature. That’s why in Copyright matured countries the concept of publishers, record labels and studios are distinct and royalty payment mechanism are in place as per the requirement of their own legislations for sharing purposes.

Nevertheless, as for academic understanding is concerned , Mechanical Right royalty is an important revenue streams for lyric writer , composer and publishers ( not for film writers and book authors ) unless it’s audio book which are in plenty now a days in various websites for downloading.

In elementary level explanations in Literary work series (LW) we have emphasised in assumptions that literary authors have all the copyright with them and they have not assigned or parted with it. On same premise next in continuation will be – “To perform the work in public”.

15 January

2 Comments

Sticky

Accident Injury Claims Done Right

Posted by StewAtt2019

in Attorney News

Accident Injury Claims Done Right

Finding and recruiting a competent lawyer will assist you a lot in coping with a traffic crash. They will help calm your mind by grappling with all the ethical facets of the case as you concentrate on coping with the pain and misery of such a stressful experience. There are attorneys out there eager and able to make sure that you are paid for getting injured in a case you might not have had any influence over.

Accident Injury – Medical and Legal Assistance

Never delay to get medical and legal assistance following an injury. A lot of people don’t realize until much longer if they even had a car crash injury. They’re normally so terrified and scared that if they feel well enough, they’ll go home and relax and continue to restore normal activity the next day. Or, if they’re in pain, they might seek advice from relatives and friends who might advise them not to think about it, that it’s just neck pain, and that it’s going to go away with time. It’s just just bad advice. There could be structural complications that could become serious or life-threatening complications over time.

An internal head injury is a very severe condition that is sometimes ignored. And because the head of the car wreck victims is not bleeding, that doesn’t mean they’re all right. Closed head injuries frequently occur some time after the collision which can go unnoticed and often occur as the victim’s head crashes into a hard surface (the steering wheel, the bumper, the rear of the front seat) at rapid speed. This types of fractures often do not reach the brain and can be missed at first. These forms of crashes occur in internal brain injury.

Other Forms of Closed Head Injury

And whiplash can cause a head injury to the closed head. Other forms of closed head injury include head or facial swelling, confusion, lethargy, lack of hearing or fluid leakage from the nose or ears.

Another, more traumatic damage caused by a traffic crash is lifelong or partial paralysis. Paralysis happens when essential nerves controlling different areas of the body are weakened or severed. This occurs when there is a traumatic effect on the spine or spinal cord, resulting in areas of the body not being able to maintain the same movement or stimuli that they once did.

It can be an incredibly painful time for the survivor and his/her families when paralysis happens. They face long life struggles and will require consistent round-the-clock support for the remainder of their lives. Temporary paralysis occurs as the nerve is pinched or swollen. In any event, get assistance immediately. Don’t hesitate about it. You may be eligible to claim money for the personal injury. It’s critical that you get in touch with a trained car accident lawyer today and get a case summary.