Archive for January, 2009

» Family Law – An Informational Overview On Monday, January 26th, 2009

One of the most active areas of the law in the United States is classified as family law. Indeed, odds are strong that a person will become involved in one type of family law case or another at some juncture in his or her lifetime. Therefore, it is important for a person to have a basic understanding of family law. By way of this article you are provided an informational overview of family law in 21st century America.

At the outset it is important to understand that different jurisdictions define family law in different ways. In other words, certain jurisdictions include different types of court procedures, different types of cases within the overall umbrella of family law.

Generally speaking, the types of cases that can (in some instances) be included within the overall umbrella of family law might include: divorce cases, child custody cases, child support cases, parenting time cases, adoption cases, child in need of care cases and so forth. However, and again, it is important to understand that “family law” is a term of art with different meanings in different places.

You do need to keep in mind that there are specialists in the arena of family law. In fact, the reality is that there are attorneys that specialize in the various “sub-specialties” associated with family law. For example, a great many attorneys specialize in divorce law in this day and age.

Beyond attorneys specializing in various aspects of family law many jurisdictions actually set up specialized courts (or divisions within a court system) that is dedicated to dealing with family law related issues. Indeed, as is the case with members of the bar who practice in the family law arena, some jurisdictions actually establish specific courts (or judicial divisions) that address divorce or adoptions and so forth.

As mentioned previously in this article, you do need to appreciate that different jurisdictions do include different types of legal actions under the umbrella of family law. For example, while adoption cases in some jurisdictions are included with the arena of family law. However, in other jurisdictions adoptions are included within the province of the probate court or division. Therefore, if you have an issue relating to what you think is family law, you definitely want to make sure that you determine how the courts in your jurisdiction actually do handle the type of case that you think you are on the verge of becoming involved with at this point in time.

In considering family law more generally, and as was also alluded to previously in this informational article, divorce and divorce related cases really are the most common types of family law cases being pursued in this day and age. By way of example, in this day and age nearly one out of every two marriages end in divorce. Moreover, when a marriage does end in divorce, issues pertaining to divisions of assets and debts, issues relating to children born of the marriage and so forth take up a great deal of a family court’s time across the country.

Tags: Posted in Family Law | Comments Off

» Immigration Law Trends and Developments On Monday, January 26th, 2009

In this day and age one of the most contentious areas of the law involves immigration issues. Through this article you are provided with an overview of trends and developments relating to immigration law at this juncture in time.

The most significant arena in which immigration law trends and developments needs to be considered involves the number of men, women and children who currently are in the United States illegally. While no one really knows for certain, it is estimated that there are at least 12,000,000 people in the United States illegally at this point in time. A considerable percentage of this number of people originally hail from Mexico. However, it is important to keep in mind that there are a considerable number of illegal immigrants within the U.S.A. from other countries as well.

Historically, this is not the first time in the history of the U.S.A. that immigration issues have been on the forefront of the minds of people across the country. However, with that said, the present situation does involve a larger number of illegal immigrants than were under consideration in the past. For example, in the 1980s during the Administration of Ronald Reagan an issue involving immigration law arose involving 3,000,000 illegal immigrants that were said to be living in the country. The Reagan Administration essentially granted to these immigrants amnesty which allowed them to take a course through which they could become legal citizens of the United States.

The debate over how to best handle the 12,000,000 plus illegal immigrants is contentious at this juncture in time. In point of fact, despite this debate being ongoing for a significant period of time, no definitive solution has been reached.

One part of the debate involves the reality that these people in the country illegally are playing a role in the economy of the United States. Business owners have expressed concern that forcing these individuals to leave the country very well could have a significant impact on the economy of the country. This has become a particularly significant serious consideration considering the other problems facing the economy in the United States at this juncture in time.

Another concern that people express when it comes to illegal immigrants in the United States centers on the prospect that some of these individuals in the country illegal could be intent upon doing harm to the country and its people. Terrorism is a major concern in this day and age and it does impact the debate over illegal immigrants.

If you are an individual who has an issue in regard to his or her status in the United States, you do need to understand that there is a growing segment of the bar that is dedicating its practice to immigration law. Therefore, if you are facing the prospect of having to deal with the legality of your own status in the United States – or that of a family member – you will want to engage the services of a skilled and educated lawyer who practices in the area of immigration law to ensure that your own interests are protected today and into the future.

Tags: Posted in Immigration Law | Comments Off

» Government Contracts and Claims On Monday, January 26th, 2009

While presented together in this article, government contracts and government claims actually represent two separate areas of the law. Of course, in some – but not all – instances government claims actually arise out of government contracts.

In any event, this informational article is presented to provide you an informational overview of government contracts and claims. With this information, you will have a primer that will be of assistance to you if you elect to do business with a governmental entity or if you have a claim arising out of some sort of interaction with an agency of the government on the local, state or national level.

Generally speaking, if a person of business desires to obtain a government contract a number of factors must be taken into consideration. Chief amongst them is the fact that a business seeking a government contract must be capable and willing to satisfy a slew of regulations that will be associated with not only a particular government contract itself but with the contracting process. On some level, an argument can be made that when it comes to government contracts form sometimes can trump substance. Of course, this is not entirely true – but you must understand the importance of adhering to the form and procedure that a particular governmental agency has established if you want to have any success at gaining a government contract.

Speaking of form and procedure, if you perceive that you have a claim against a governmental agency, form and procedure yet again plays a very significant role. This is the case no matter what type of claim you would like to make against a governmental agency. The bottom line is that if you do not follow to the letter the procedure – and use the proper forms, if indicated – associated with making a claim against a governmental agency you will find that your claim will be permanently and completely denied before you even really get started.

The bottom line is that unless you have specific experience in seeking a governmental contract with a specific agency (which you may) or unless you have specific experience making a claim with a specific governmental agency (which you likely do not) you most definitely will want to seek legal representation. The reality is that there simply is too much at risk if you do not seek and obtain appropriate legal representation in these areas.

There are attorneys in business today that practice in both the areas of government contract as well as in making claims to the government both for claims arising out of contract issues as well as claims arising out of negligence or injury or some other type of damage. You do want to make sure that you take the time to examine what your specific needs are. Then you do want to take the time to compare different attorneys that are in business today to find one that will best be able to meet your needs, goals and objectives when it comes to government contracts or claims.

Tags: , , , Posted in Government Contracts and Claims | Comments Off

» Franchise and Licensing Law On Monday, January 26th, 2009

In the United States, as well as in some other countries around the world, franchise and licensing law is a very important component of the overall business law system. Indeed, many businesses in the U.S. are organized under a franchise system.

If you are interested in owning your own business you will want to at least have a basic understanding of franchise and licensing law. Through this article you are presented with a basic introduction to franchise and licensing law. With this information in hand you will be in the best possible position to ascertain whether or not owning a franchise makes sense for you when it comes to your own goal of operating a business.

At the essence of franchise and licensing law is a system through which a person like yourself can by the rights to operate a business enterprise. Perhaps the most successful and significant example of a franchise system is that of McDonald’s restaurants. People throughout the world have obtain franchises and licenses to operate McDonald’s restaurants in local communities.

In simple terms, a franchise system involves a company that actually owns the franchise concept itself. (Going back to the fast food example, the McDonald’s Corporation owns the rights to sell specific franchises to individuals and companies that are interested in owning and running a McDonald’s restaurant,)

A person or company interested in owning a franchise makes application to the corporation seeking to become a franchise holder. If the franchiser approves the application, the individual or company will be granted a franchise license.

There are a variety of specifically mandated legal disclosures that are associated with a franchise. Therefore, it is imperative that the license holder provide these disclosure and it is vital that a person seeking to own a franchise closely review these disclosures. (As will be discussed shortly in this article, obtaining legal advice throughout this process is crucial.)

Through this license, the franchisee will be able to operate a franchise store or business for a specified period of time. The franchisee will be able to obtain a variety of benefits from the franchiser, including the reputation of the license holder itself. Moreover, typically the license holder will provide different types of support services to the franchisee – including product and advertising. (You do need to keep in mind that what is provided by the license holder varies from franchise to franchise.)

If you are interested in either purchasing a franchise or setting up a company that offers franchises, it is crucial that you obtain legal advice. The franchise game is not an easy one. Therefore, you need to make certain that you obtain appropriate legal advice throughout the process of either starting a company that will offer franchises or throughout the process of buying a franchise that you do hope to operate into the future. There are attorneys that specialize in franchising and franchises. You definitely will want to make certain that you engage such a specialist. tnomeralc web design toys

Tags: , , , Posted in Franchise and Licensing Law | Comments Off

» Environmental Law and Natural Resources: Current Trends and Developments On Monday, January 26th, 2009

One of the most active areas of the law in the United States of America involves and centers around environmental law and natural resources. Through this article you are presented with an over view of current trends and developments that are associated with environmental law and natural resources in this day and age. Armed with this overview you will be in the best possible position to better understand environmental law and natural resources and the trends that are associated with this area of the law in the U.S.A

In the United States, there appears to be what many consider to be an inherent conflict between environmental law and the exploration for and development of natural resources. On the one hand, there is a significant segment of the population that is calling for sharp restrictions in regard to certain the exploration for and development of certain types of natural resources. On the other hand, there are other individuals that maintain that certain restrictions that have been placed on exploration and development have had a harmful impact on our economy. In the end, the interrelationship between environmental law and natural resources really does involve a significant balancing act – perhaps not all that different than what Solomon faced when he sat in judgment.

Beyond balancing environmental concerns with exploration for and development of natural resources, environmental law is also heavily involved in allocating assets. In other words, environmental law works to develop a meaningful and fair system through which natural resources will be allocated.

Oil and gas provides a meaningful and useful example in this regard. Obviously, oil and gas is located underground. In nearly every case, an oil or gas field will be found underground, under property that is owned by different individuals of entities. Therefore, environmental law and natural resources requires that a fair system be developed to allocate the resources between the individuals who are the property owners.

On another level, environmental law and natural resources has also focused on conservation in recent years. Because carbon based fuels remain the primary energy source the world over at this point in time, and because carbon based fuels are limited in their supply, a great deal of effort is being paid to developing ways through which these types of energy resources can be conserved.

By way of example, most countries around the world have enacted laws concerning fuel efficiency of motor vehicles. Of course there are some countries that have been more proactive in this regard than have others. However, there is at least some recognition all around the conservation of carbon based natural resources is crucial as the supplies of these energy resources continue to be utilized at a very fast pace.

Finally, you do need to keep in mind that there are attorneys in the United States who now specialize specifically in different aspects of environmental law and natural resources. Therefore, if you ever find yourself facing an issue in this arena, you definitely will want to engage the services of such a specialist.

Tags: , , , Posted in Environmental Law and Natural Resources | Comments Off

» Election Law: Trends and Developments On Monday, January 26th, 2009

Unless you have been living in a cave in some far off land the past decade you are at least somewhat aware that election law has become a major issue in many instances across the country. Through this article you are provided an essential overview of election law in the United States in the 21st century.

A great deal of the activity surrounding changes and alterations to election law across the United States stems from the 2000 Presidential election recount – and its aftermath – in the State of Florida. The problems experienced in Florida turned out to be similar to the problems that some jurisdictions were experiencing (and continue to experience) albeit on a smaller and less publicized scale.

As a result of the problems arising out of elections, there has been a whole new generation of attorneys who specialize in election law coming into practice. These lawyers really are finding that they can keep well occupied dealing with election law issues not only during and in the aftermath of elections but literally every year throughout the year.

One area of election law that has been very active in recent years involves ballot access. By this it is meant an active are of election law over the course of the past decade – in point of fact for generations – is ballot access. Ballot access involves making sure that all qualified voters have an appropriate ability to access voting in a reasonable manner.

The fact is that from time to time even in this day and age groups of people in different locations across the country have had problems and issues with ballot access. This includes everything from being physically prevented from voting to being forced to use a ballot or voting system that is not easily utilized.

Another area of election law in which there has been a great deal of activity in recent years – and which has garnered a great deal of media attention – involved the methodology involved in the counting of ballots. Of course, the prime example of issues that have arisen when it comes to the counting of ballots is the 2000 Presidential election in the State of Florida.

Although the 2000 Presidential election in the State of Florida gained international media attention, the fact is that significant recount issues are arising each and every election cycle. For example, in the 2008 national election, a major recount issue arose in the State of Minnesota involving the race for the United States Senate.

A side issue relating to the counting of ballots in elections is the type of equipment that is being used to record those votes. There have been numerous lawsuits filed in recent years centering on voting equipment and its functionality. It seems that the more high-tech the voting equipment the more lawsuits are filed. (The fact is that there has been a notable failure rate when it comes to voting equipment over the course of the past decade and as voting equipment has become more high-tech.

Tags: , , , , , Posted in election law | Comments Off

» Employment and Labor Law: An Overview On Friday, January 23rd, 2009

Employment and labor law represent areas in the legal arena that are always ripe for controversy. Through this article you are provided some basic information relating to employment and labor law. This information will be of assistance to you should you have an issue or a basic question associated with employment or labor law at this juncture in time or at some point in the future.

There actually are many different aspects of employment and labor law that you will want to have a basic appreciation of at this time. One of the primary areas of employment and labor law is that which focuses on issues of inappropriate or wrongful termination. The reality is that each and every day there are people across the country that wrongfully are terminated from their positions of employment. Therefore, and as a consequence, wrongful termination lawsuits routinely are filed in courts across the United States. (Indeed, there is a whole section of the legal practice that is devoted to assisting people in pursuing wrongful termination lawsuits.)

Another area in which employment and labor law specialists have been particularly active is in the realm of cases involving different types of harassment or inappropriate working conditions. Technically speaking, these types of cases involve what are known as hostile working environments. One common type of case that arises when one is considering and examining this area of employment and labor law is that of sexual harassment. These cases are quite common when contrasted against other types of employment and labor law cases being pursued in this day and age.

In considering employment and labor law another active are involves workplace safety related issues. These types of cases come in many forms, of course. Commonly, workers compensation cases arise out of these types of employment and labor law related issues.

There are attorneys that now specialize in different aspects of employment and labor law. For example, there are attorneys who devote their legal practices to workers compensation cases. Therefore, if you are facing an issue arising from employment and labor law of one type or another you will want to locate and engage an attorney that is qualified and experienced – an attorney that specializes – the particular area of employment and labor law in which you are experiencing an ongoing problem or issue.

Finally, there are also attorneys who provide legal representation to business owners and managers who are facing issues involving their employees that arise out of employment and labor law. Therefore, if you are a business owner, you definitely will want to make sure that you have access to legal counsel that can assist in protecting you against different claims that potentially can be brought or raised by your employees via employment and labor law. By doing so you will be able to ensure that your own business venture is a fully and as completely protected as possible should an issue or claim arise out of employment of labor law today or at some juncture in the future.

Tags: , , , , Posted in Employment and Labor Law | Comments Off

» An Overview of Disability Law On Friday, January 23rd, 2009

Sadly, a significant number of people each and every year end up suffering from a disability. In some instances, this disabilities end up lasting a lifetime. Of course, there are individuals that are born with disabilities as well. In any case, the fact is that there is a whole area of the law that is devoted and dedicated to people with disabilities.

Through this informational article you are provided an overview of disability law. Armed with this information you will be in the best position of being able to have a basic understanding of the ins and outs of disability law in the 21st century. You will have a basic understanding of the areas of disability law in which attorneys practices as well as significant legislative develops pertaining to disability law.

There are three major areas in which attorneys that practice disability law find themselves heavily active in this day and age. Disability law is very relevant in the arenas of public accommodations, the workplace and education. Each of these situations or arenas are discussed in turn in this article.

Perhaps the most fundamental piece of legislation that has been enacted over the course of the past three decades that addresses disability law related issues is the American with Disabilities Act, also known as the ADA. The ADA involves the application of disability law in regard to public accommodations, workplaces and schools. The ADA has had a tremendous impact on the manner in which persons with certain disabilities are treated in these various settings.

In looking at public accommodations and disability law, one of the primary areas of concern centers on access to public facilities as well as facilities at which public access is permitted. In simple terms, these types of facilities need to be reasonably accessible to people with disabilities.

In regard to the workplace and disability law, accessibility is an issue. However, since the advent of the ADA an employer also must make “reasonable accommodation” in regard to job duties for a person with a disability.

Finally, in an educational setting when considering disability law accessibility is an issue. However, so is making certain that individuals with certain disabilities do have access to the educational process itself. There has been a great deal of activity when it comes to disability law in the educational arena.

You do need to understand that there are lawyers in business today who specialize specifically in disability law. In point of fact, there are even some attorneys who have focused their attention more specifically on certain areas of disability law. For example, some attorneys focus their efforts on disability law in the workplace while others are involved with disability law in the education system and so forth. In the end, if you are in need of assistance with a disability law issue, you will want to identify an attorney with experience in precisely the disability law arena in which you require legal support, guidance and advice.

Tags: , , , Posted in Disability Law | Comments Off

» Attorneys and Business Services On Friday, January 23rd, 2009

An amazing trend over the course of the past few years – which is starting to accelerate even further – is the number of people who are going into business for themselves. This includes people who are involved in small businesses, Internet based businesses and home based businesses. If you are involved in a business of your own of one kind or another, or if you are interested in starting such a business enterprise, you will want to connect with an attorney that can provide for you appropriate business services.

Through this article you are provided an overview of what you will want to keep in mind when it comes to finding an attorney that can provide you the legal services that you will require in relation to your own business enterprise. Armed with this information you will be in the best possible position to make wise, informed and educated decisions in regard to your business venture and the legal needs of that business.

Initially, when it comes to selecting an attorney that can provide you with the legal services that you will require for your business you definitely will want to get an expert and specialist in the field. In the final analysis you cannot afford to put your business and the services that you will require in the hands of a lawyer who does not have the specific expertise that you will require.

You will also want to bear in mind that when it comes to attorneys that can provide legal services to you that there are lawyers who have now become specialists. By this it is meant there are lawyers who specialize in providing legal services to businesses in a particular industry. The fact is that the legal needs of businesses in different industries can be varied – indeed, in some instances, extremely different. Therefore, if you are in need of legal assistance relating to your business operations you would be best served by working to see if there is an attorney available who can provide you legal assistance specific to the industry in which your business is a part.

Another issue that you will want to keep in mind is that many people who are involved in owning or operating business with engage a lawyer for an extended period of time to care for all of their business related legal needs. The fact is that when running a business a person continually will find his or her self dealing or confronting legal matters and issues of different types. Therefore, having a regular attorney that can be turned to as needed can be extremely helpful.

Finally, if you are only now in the process of working to organize a business you will want to seriously consider getting an attorney involved in the process sooner rather than later.. By getting an attorney involved in the organizational process when it comes to your own business venture you will be able to avoid mistakes and complications that can arise in the absence of legal direction, advice and assistance.

Tags: , , , , Posted in Attorneys and Business Services | Comments Off

» Attorneys Information and Referral Services On Friday, January 23rd, 2009

If you are interested in finding the most ideally suited attorney for your own particular legal needs you will want to take advantage of attorneys information and referral services. The bottom line is that there are a number of significant benefits that you can obtain through taking advantage of attorneys information and referral services. Through this informational article you are provided an overview of the primary benefits that you can obtain by using these types of informational services.

First of all, when it comes to engaging the services of an attorney, experience is fundamental. You definitely will want to make certain that you hire an attorney that has the experience necessary to provide you with the type of legal representation that will best meet your goals, objectives and needs. Moreover, you will want to keep in mind that most attorneys are now specialists – they specialize in particular areas of the law. Through attorneys information and referral services you not only will be able to target experienced lawyers but you will be able to find attorneys that are experienced in the particular area of the law in which you need services and assistance.

Second, in regard to attorneys information and referral services you will want to make certain that you are dealing with a bona fide and legitimate operation. In this regard there are a number of things that you need to be on the lookout for. For example, there are so-called independent information and referral services that really are nothing more than advertising tools for a specific lawyer or law firm. In addition, there are a variety of out and out scams that operate under the guise of attorneys information and referral services. The bottom line is that you will want to do at least some homework about a particular service to make certain that it is legitimate and is on the up and up before you start engaging that particular service in your hunt for a lawyer.

Third, keep in mind that when it comes to attorneys information and referral services, many local bar associations (as well as state bar associations) can be of at least some assistance to you. While these organizations cannot specifically recommend a lawyer for you and your needs, these organizations can provide you with a listing of lawyers that at least practice within the area in which you are need of assistance.

Finally, when it comes to these types of services you will want to utilize them to your full advantage. For example, when online you can take in a number of such web based services and do some comparison shopping (so to speak) of one firm to the next. In a very short amount of time you will be able find an ideal attorney for your needs from the comfort of your home. You will be able to find a qualified attorney who can take care of your important legal needs today and into the future.

Tags: , , , , , Posted in Attorneys Information and Referral Services | Comments Off




© Legal News and Articles
All Rights Reserved.

Entries (RSS) and Comments (RSS).

Affordable Professional Website Design