February 6, 2012

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New Bankruptcy Laws

Bankruptcy rules change often, and it’s important that you keep up with them if you’re considering filing bankruptcy. Even in the best of economies, things can happen that will send a person into bankruptcy. Medical bills, a job loss or other issues can pop up suddenly, and if you feel that bankruptcy is your only option you need to know the law and what you can expect from the process. No one likes to be blindsided financially. The more you know, the more closely you can work with your lawyer.

Check out the information at Clear Bankruptcy, where you can learn about new laws that might affect you. Sometimes the bankruptcy code changes, making it more difficult to file, but that doesn’t mean you can’t file for bankruptcy. You need a good lawyer to help you with the paperwork and to make sure you understand all the ramifications to your credit report.

Having a bankruptcy on your record can lower your FICO score hundreds of points, and there’s no law to prevent companies from refusing to extend credit to you in that case. You may also be turned down for jobs and have more trouble getting homeowner’s and automobile insurance. Despite those issues, bankruptcy can be the right choice in many situations. If you decide it’s right for you, or if you’re considering it as one of your options, make sure you think carefully about it and know the laws, so you’ll know what to expect.

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Top Verdicts for Accident Cases in Florida

Truck accidents, when they occur, often do more damage than lighter vehicles. Thus, a serious injury, or even death, is likely to result when a truck driver loses control of his or her vehicle and it smashes into a much lighter car or a building.

Drivers of heavy vehicles are road professionals who make their livings pulling heavy loads across the country every minute of every day. They are always around; therefore, they are liable to come to grief sooner or later. A Florida truck accident lawyer is an experienced legal professional who can help you if you have been involved accidentally with one of these bigger machines with which we share our roads.

There have been some massive payouts over the years involving trucks. The most outstanding are:

  • $10 million awarded to a family after their 15-year-old son died when a farm truck smashed into a car he was a passenger in. The farm truck didn’t stop at a stop sign.
  • $5.64 million awarded to a 21-year-old girl for injuries resulting from an accident involving a truck when she was 15-years old. The truck ran a stop sign and collided with her family’s van.
  • $3.6 million after a truck driver went to sleep at the wheel, which resulted in his truck leaving the road and killing a father of two children, who was standing on the pavement at the wrong time.

If you find yourself involved in an accident involving a truck, you should seek legal advice on where you stand from a compensation viewpoint. Do this especially if someone has been seriously injured or killed as a result.

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Filed Under: Medical Law Cases Tagged With: ,

Rights of Elderly Victims at Nursing Homes

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It’s crucial for patients and their families to understand that everyone in a nursing home has rights. A basic right is called “the right to patient/family self-determination.” What does that mean? It means that no one, including a nursing home, can tell another human being how to take care of himself. It also means that you should always demand the highest level of care for anyone living in a nursing home.

The Nursing Home Residents’ Bill of Rights carefully presents all the freedoms and protections that every nursing home resident should have. These rights clearly state that every resident is to be free of abuse, neglect and exploitation. The sad truth is that nursing home residents are sometimes helpless victims of the people in charge.

As a family member with medical power of attorney, you can take action. Assisted living negligence lawyers can help guide you through whatever action is needed to protect your elder, while demanding corrective action from the nursing home.

Find an attorney with a history of successful nursing home cases, and ask for his representation.  He will expertly guide you through the confusing language of the law and help you make the best decisions for your loved one. He’ll explain the survey process that nursing homes have to go through to be accredited to serve patients, and he will know which rules were broken and exactly how to correct them.

If you notice that your loved one is suddenly withdrawn, has unexplained bruises, complains of abuse, or is missing money or valuables, immediately make a report to the nursing home administrator. If you aren’t satisfied with the response, don’t hesitate to seek legal help.

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Is the U.S. a Christian Nation?

In the wrong hands, history can become an extremely destructive tool. Consider the ceaseless argument about whether the Constitution is based on the Ten Commandments. According to some high-profile people such as Mike Hukabee and David Barton, the U.S. is a Christian nation that was founded according to Christian principles outlined in the Ten Commandments.

First page of Constitution of the United States

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Even a cursory look at these documents and American history, however, shows that this claim has little merit.

The U.S. Constitution and the Ten Commandments

Despite claims that the Founding Fathers based the Constitution on the Ten Commandments, there are some pretty big differences between the two documents. For instance,

  • The First Commandment requires people to honor God, but the Constitution does not concern itself with this matter
  • The Fourth Commandment requires people to keep the Sabbath holy. The Constitution does not mention the Sabbath
  • The Tenth Commandment makes it clear that thoughts can violate God’s laws. The Constitution, however, establishes rights to freedom of thought and speech.

Early American History

The country’s history also contradicts Religious Right claims. The Treaty of Tripoli, for instance, explicitly states that the U.S. is not a “Christian nation.” Every member of the U.S. Senate ratified it in 1797. That’s a pretty clear indication that most of the Founding Fathers wanted a secular, rather than religious, country.

Of course, some Founding Fathers wanted to establish the U.S. as a Christian nation. The vast majority, however, opposed this idea and fought to keep the country secular so that it could offer a wider range of freedoms for people of all religions.

 

 

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Hiring a Lawyer for Your Case

Every U.S. citizen has the right to legal representation. If you can afford your own lawyer, though, you have a much better chance of defending yourself from accusations. That’s largely because private attorneys tend to specialize in certain areas of the law. You should, therefore, consider hiring a lawyer that has experience in the field that affects you most.

MINNEAPOLIS, MN - MAY 16: NFL players lawyer B...

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Family Law

Family law includes issues such as adoption, child custody, alimony and paternity. It can even deal with cases that involve spousal abuse and child abuse.

When you hire an attorney to represent you in family court, look for one that has experience in the specific areas that affect you. If, for instance, you want to file for divorce, look for a lawyer with experience in divorces. If you want to adopt a child, then look for an attorney with experience in adoption suits.

Civil Court

Civil court handles lawsuits that pertain to plaintiffs and defendants. Civil lawsuits can include property disputes, discrimination, property damage, loss of wages and personal injury.

Since civil court judges can see a wide range of cases, you should find an attorney that has several years specializing in specific areas. You can appeal a decision, but that will only cost more money in the long run.

Criminal Court

Only the criminal court system will supply defendants with free legal representation. If you can, though, try to hire an attorney that has worked with clients accused of the same crimes as you. Winning your case could mean going free. Losing could mean spending time in prison.

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Creating A Better Environment

The conditions that we all live under as human beings can range from harmonious heaven to violence-ridden hell. We can easily lose sight of the core values that keep communities operating smoothly, which minimize suffering and ensure that inhabitants feel a measure of security. Poverty, resulting from the credit crunch, has increased crime rates in many areas of the world.

Essentially, at the heart of any civilized and well-run community is the creation and upholding of laws. A starting point for people who are in doubt about how the law affects them is LawQA.com. Taking the ultimate step of entering the legal world as a professional can be a means of contributing to one’s environment. A career in law can take one overseas where the courageous decision to represent victims of injustice can bring great personal rewards and satisfaction. Similarly, on home turf, the practice of the law brings the practitioner firmly up against aspects of injustice and brings the frisson of being involved in controversial legislation.

The judicial system of any given country is not entirely fixed in stone. By operating within it and trying cases, particularly test cases, the newly qualified attorney can play a role in forming and amending laws, thereby contributing to a world in which rights are better defended.

The path to obtaining that law degree can be fraught with difficulties. Admission to good schools is hugely competitive. Funding one’s coursework is another challenge. Scholarships are increasingly becoming available, meaning that grants are given to some students to cover the as much as $30,000 to $40,000 of the annual fees. Central to holding on to this funding is maintaining your grade-point average during the course. This type of pressure isn’t for everyone; those who take it on are courageous indeed.

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Famous Court Cases to Know Before Going to Law School

Once you decide to apply to law school, you should start preparing for the upcoming educational challenge. Each year presents students with expectations that can wear them out quickly. That’s why you should have a fundamental of these three famous U.S. court cases before you even get your acceptance letter.

The Supreme Court of the United States. Washin...

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Roe v. Wade

Perhaps the most famous court case in U.S. history, Roe v. Wade struck questioned the constitutionality of a Texas law that made abortion a felony. The Supreme Court decided that the law violated the constitutional rights of women and that they could make their own decision when it came to this highly contentious matter.

Brown v. Board of Education

Before the Supreme Court’s ruling in Brown v. Board of Education, many schools were divided by race. For years school boards had been allowed to do this because they argued that the schools were separate but equal. The Supreme Court didn’t buy that argument, so it outlawed discrimination based on color by ruling that the school board was in violation of the Fourteenth Amendment’s Equal Protection Clause.

Miranda v. Arizona

Thanks to Miranda v. Arizona, police officers are required to inform suspects of their rights before arresting them. This court case specifically applies to the right to remain silent and the right to legal counsel regardless of one’s ability to pay for it, hence the rights that officers read during arrests have become known as Miranda Rights.

Learning the ins and outs of these three monumental court cases will help you understand the basics of U.S. law when you start taking classes your first year. What other court cases would you add to this list?

 

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