Legal

Many people wonder how the law distinguishes between someone who deliberately set out to cause harm to someone and an action that accidentally resulted in harm.

There is an old Latin term used in the law, particularly criminal law, that is called “mens rea.” Mens rea (pronounced, menz ray uh) means “guilty mind” and is a concept present in most criminal laws that distinguishes between an accidental event and an intentional act, even if they both result in the same harm caused to someone’s life, person or property.

For example, a defendant who is on trial for murder must be shown to have not only caused the death of another, but also shown to have intended to commit an unlawful act. Notice that the state does not have to prove that the defendant intended to cause a person’s death, but that the intent was to do something that was against the law.

This means that if someone’s death resulted from a defendant’s actions while in the act of committing a robbery, the intent to break the law for a robbery is carried over to the death of the victim.

Recklessness is also a mens rea. For example, if a defendant was driving at high speeds through a residential neighborhood and a death occurs as a result, that criminal recklessness is sufficient recklessness for a charge of manslaughter.

Traditional, most criminal statutes required some level of moral culpability in order to find a defendant guilty. For example, suppose a hunter is charged with murder after accidentally shooting another hunter while out in the woods during hunting season. If the shooter’s

What do I have to prove to sue someone for a car accident in Minnesota?

Minnesota has adopted a law known as no-fault that affects many aspects of car accidents in Minnesota. One of these is the requirement that a person involved in a car accident in Minnesota must meet certain thresholds before they are allowed to bring a claim for personal damages such as pain and suffering against another driver. This was done to make sure that only people with serious injuries could bring a claim for their injuries.

So what are these thresholds? The thresholds include:

Suffering a permanent injury, or

Having medical expenses in excess of $4,000, or

Suffering from a disability for 60 days or more, or

Sustaining a permanent disfigurement, or

Death.

If you do not meet one of the above thresholds you can not bring a claim for personal injury against the other driver. You do not need to meet more than one of the thresholds to bring a claim for pain and suffering.

But what do each of these terms mean? The question of what is a permanent injury, what is a disability and what medical expenses qualify for the $4,000 limit are questions that often need to be answered by a qualified attorney looking at a particular situation.

In general, the following meanings apply to the individual thresholds.

• A permanent injury is an injury that is not likely to ever go away.

• All medical expense count toward the $4,000 threshold except for diagnostic x-rays and treatment for rehabilitation.
• The 60 day disability applies if you are unable to do substantially all of your everyday activities. The 60 days need not be consecutive days.

• A permanent disfigurement is a scar that is visible.

You do not need to meet any particular threshold immediately after the accident if you can show that you will ultimately meet one of the thresholds.

Todd A. Johnson is a board certified civil trial specialist certified by the Minnesota State Bar Association. He can be reached through the website johnsonbannon.com johnsonbannon.com

If you are looking for expert legal advice, you should definitely hire top notch lawyers to handle all your legal cases. This should not be hard in the State of Georgia – after all, the state has produced such historical lawyer-icons like Martin Luther King, Ty Cobb and President Carter. Its strong community extends to its law schools, such as the Mercer School of Law.

You might consider hiring Georgia lawyers for your specific legal needs. Their services include (but are not limited to) the following: review of legal documents and contracts, fixing credit problems and court appearances in legal cases such as those cases involving traffic tickets.

A lot of Georgia lawyers specialize in just one area of the law. General practitioner lawyers can handle a wide range of legal matters. If your legal matter involves a specialized area such as workers compensation, personal injury, medical malpractice or car accidents, it is important for you to contract a specialist for your specific legal needs. If your concern is of a general legal matter, then you might contact a general practitioner. Before hiring a lawyer, make sure you ask which field of the law he or she specializes in.

Georgia lawyers charge legal fees depending on the type of case you have and the amount of time the lawyer will spend on your case. You may choose from several types of paying schemes that include hourly flat charges and contingent fees. Hourly rates are calculated by multiplying the lawyer’s hourly rate with the number of hours he or she spends on your case.

Contingent fees are payments whereby lawyers receive a pre-approved percentage of the amount you may receive if you win the case. A fixed rate places a ceiling on the legal fees a lawyer may charge. Lawyers normally calculate their legal fees without including court costs and filing fees that you, as the client, need to pay at once. Always ask for a detailed explanation of a lawyer’s fees and payment modes before you even hire him or her.

The fees charged by Georgia lawyers are based on the agreed amount that you are both comfortable with. There are no fee schedules recommended since payment varies from lawyer to lawyer.

e-GeorgiaLawyers.com Georgia Lawyers provides detailed information on Georgia Lawyers, Georgia Injury Lawyers, Georgia Real Estate Lawyers, Georgia Divorce Lawyers and more. Georgia Lawyers is affiliated with e-GeorgiaLaw.com Georgia Automobile Insurance Laws.

Recent figures suggest that an American identity thief has a one in seven hundred chance of being caught. Combine this with the immense profitability of the crime and it is not hard to see the appeal to criminals and ‘everyone else’ who uses money.

Identity theft is based around the power in the modern world of the credit score. A good credit rating offers the holder the potential to borrow tens or even hundreds of thousands at virtually no notice. With the vast numbers of credit and store cards that are available to us, it is possible for a thief to apply for multiple cards at once, tear through the credit to it’s limit and then move on to a new target in just a few months.

This means that personal information is now a very valuable commodity. Too many of us barely give a thought to this information, but to an identity thief, this is perfect.

The facts that fraudster needs to get started are actually minimal. With name, address, date of birth and telephone number they can begin the process of assessing us as a target. If we are appealing, the fraudster needs to discover our social security details and anything else that they can. As bizarre as this may sound, to some online stores, a fraudster already has enough to obtain goods in another name!

For the individual, basic preparation is all that can really be done to prevent this crime. We simply need to make it as hard as we can as a target and hope that the fraudster will leave us alone and move onto one of the other millions of people who is less prepared.

The steps needed to take basic precautions are actually remarkably simple.

Firstly, it is vital that our waste documents are disposed of carefully. This means buying and using a shredding machine, preferably a cross cut beast that turns our bills into dust.

Secondly, our computers need to be heavily guarded against intruders. This means anti-virus software and strong firewalls. Ideally, the software needs to be updated as often as is possible. The phishers and pharmers of this world have incredible knowledge, skills and software which we will almost certainly fail to protect against.

It is also important to request credit report details on a very regular basis and keep a close watch on the numbers.

Lastly, though we could always do more, it is wise to stop giving sensitive personal details to others who probably do not need them. This means when we are asked for our social security details, we need to ask one telling question, ‘Why?’. If the response is not to your satisfaction, start refusing to provide details.

As frightening as it may sound, the weak link in our defence could be anyone. We may be targetted by a professional criminal, a shop assistant, a receptionist, a waiter or even a relative. All we can reasonably do is make ourselves difficult targets.

Good luck and we hope that you will not become a victim of this horrible crime…

For much more information about identity theft and the actions that an individual can take to help prevent it, please visit: combat-identity-theft.com combat-identity-theft.com

When an injury occurs to a patient due to improper conduct by a health care provider, it is termed medical malpractice. Medical malpractice lawyers are specialized in this field.

Thousands of deaths and injuries occur every year due to medical malpractice. Medical malpractice is not restricted only to the doctor but by legal definition encompasses nurses, dentists, therapists, radiologists, laboratory technicians, clinics, hospitals etc. There are stringent for curbing medical malpractice.

Numerous lawsuits are filed every year for medical malpractice in the US. The patients or their near ones have the right to claim for economic and non economic damages. Generally claims are made for improper medication, improper surgery, misdiagnosis, negligence etc. The patient can file a claim lawsuit even when the informed consent of the patient is taken. The principle behind these types of claims is that the doctor is not absolved of responsibility even if the consent of the patient is taken.

Medical malpractice cases are complicated for various reasons. The primary reason is that when the patient comes under the care of the health care provider he/she is already ill or injured. Hence it becomes complicated to assess the damage caused by negligent medical care independent of the earlier illness or injury.

Another complication in medical malpractice is that the burden of proof is on the plaintiff (patient or the medical malpractice lawyers). The plaintiff needs to prove three things in court:

That the health care provider has failed to provide the patient with adequate and reasonable care.

That this failure to provide reasonable care is the cause of the damage caused to the patient.

Hence it is the liability of the health care provider to pay for the damages.

A further complication that arises is that the plaintiff has to produce expert witness. There are very few doctors willing to testify against a fellow doctor, even in cases of gross negligence. Hence it is vital to hire a good and experienced lawyer, a medical malpractice lawyer. Most law firms take medical malpractice cases on contingent basis and provide expert witness also.

Contingent basis means the law firm gets paid from the damages recovered from the defendant. Most of the medical firms are covered by insurance. Generally the insurance companies shy away from paying damages to the patient but if the patient is represented by an experienced lawyer they are willing for an out of court settlement. This is to avert the risk of a trial and the court may award more penalties.

The courts generally levy two types of penalties on the defendant that are compensatory and punitive penalties. Compensatory penalties are given to make good the damages to the patient. They are of two types of compensatory penalties, economic and non-economic damages.

Economic damages are awarded to compensate for monetary losses like medical care cost, medicines cost, loss of income. The economic damages are awarded for both future and past losses.

Non-economic damages are awarded to compensate for non economic damages like pain, disfigurement, embarrassment, emotional stress etc. Punitive penalties are awarded to punish the health care provider however they are rarely awarded.

Keith George always writes about valuable news & reviews.
A related resource is

If you have decided to put your affairs in order and finally accept the fact that estate planning is something most of us would be better off having than not, the next thing you might be wondering about is how to choose an estate planning attorney. The first thing to remember is that your estate-planning attorney is a person with whom you will share a great deal of personal information. The bottom line is whoever you choose, you should feel comfortable talking to him/her about your needs and concerns and if you don’t he/she is not the right attorney for you. Your attorney is your legal confidant and is duty bound to take your confidence with them beyond their own estate plan, which is shorthand for they must take your secrets to the grave with them. But it doesn’t matter what their duty is if you don’t feel comfortable telling them what you need in the first place. If you begin to feel uncomfortable talking to your would-be estate planning expert, you should begin to shop elsewhere.

The second thing to consider is that not all attorneys are created equal with respect to their ability in estate planning. A good first step in finding an attorney who will be a good fit for you is to ask people who you already know and trust. Ask the leader of your church, your doctor and your friends if they have had occasion to use an estate planner and ask what they think of that person. If you get a recommendation, don’t stop there. Look your would-be attorney candidates up on Martindale Hubbell (www.martindale.com) to find out where they went to school, how long they have practiced and what fields of law they specialize in. Of course, these answers don’t tell you everything you need to know about your potential confidant, but having some information is better than flying blind into the world of attorneys. If the attorney who was recommended does not specialize in estate planning, then it may be that you don’t want that attorney to create a financial plan for you and your family.

Another good way to find an attorney or firm in your area that specializes in estate planning is to take a look at the National Academy of Elder Law Attorneys (NAELA) (www.naela.org). The NAELA is a site that attorneys visit to keep up on issues involving elder law and estate planning and it is a great place to find an attorney who is versed in estate planning. At the NAELA website there is a place to type in your zip code and find local attorneys who specialize in elder law and estate planning, which includes their contact information as well as a map to their door. Once you have that list you might cross reference it with a Martindale Hubbell search and ask those you know whether they have heard of any of the attorneys on the list. In addition to that there are other good sites on the Internet where you can gather information about the subject before you meet with an estate planner.

However, the best advice that anyone can give is to find someone who you relate well to and who you feel comfortable sharing personal information with. Remember, your estate planner is someone whose judgment you need to be able to rely on; they are someone that will present and recommend legal options to accomplish goals that you set out for them and they need to be the kind of person who can ask you the right kinds of questions to get the job done and the kind of person you will feel comfortable answering. If you don’t feel right about them, even if you just don’t seem to relate well to them in some small way, it is probably best to look elsewhere for your planning needs. The bottom line is to trust yourself and your instincts and impressions about your attorney. Part of the service that you are purchasing is the ability to feel comfortable about how your estate planning will be managed and carried out, so make sure you find someone who makes you feel confident that you are dealing with a professional who you can trust.

About Ronald E. Hudkins;

Ronald Hudkins is a retired military police enlisted member that was assigned as a staff researcher. He has coordinated with military and criminal investigators, set on court marshals and worked closely with the Staff Judge Advocate Generals Office (JAG). He has a keen sense of legal matters- their interpretation, initiatives and guidelines. For imperative financial planning needs he suggests his book “Asset Protection and Estate Planning for All Ages.” Additionally, he offers a Free Newsletter at his web site: AssetProtectNow.com AssetProtectNow.com

New Jersey is a very popular city in US. The dumb laws in this city are worth noticing.

These laws, however, have full explanation behind them, but still, they seem so dumb!

Here is a list of some of the dumb laws In New jersey.

• If you are a driver, you have to warn everyone who you pass on the highway before they do the same thing.

• No minor can buy handcuffs.

• If you are going to do a murder, beware! You are not allowed to wear a bullet proof.

• In case of an emergency, it is illegal not to give a telephone line to someone who is in need of it.

• All motorists have to honk before passing another car. This includes bicyclist and skateboarders as well.

• It is against the law to pump your own gas. This funny rule applies only in two states of the US. This rule argues that pump owners should have extra labor to fill the gas.
Another reason behind this is, if the customer goes to a pump which has attendants, the sale will go high because of the good service to customers.

• You can not frown at a police officer.

• If you are caught driving drunk, you may never get a license that is personalized.

• Car dealerships can be opened on Sundays.

• You are not allowed to slurp your soup.

• If you are driving an automobile, you can not overtake a horse driven carriage.

• You can not detain a homing pigeon.

Hope you liked this section of dumb laws in US.

lawyerucla.com Lawyer Advice - Dumb laws in New Jersey

In the past year, more than 88 million Americans have had their identity endangered as the result of data breaches according to the Privacy Rights Clearinghouse. Topping the list: a case at the Veterans Administration, where an unidentified analyst took the employee information of 26 million veterans home in a laptop computer that was then burglarized from his home.

A recent report authored by Dr. Doug Jacobson, director of the Iowa State University’s Information Assurance Program, finds that the biggest risk of data breaches or theft comes from careless employees or consultants who don’t properly secure the data they are entrusted with. The report audited 126 companies who suffered a data loss and found that more than 54 percent of lost data was the result of employee error, with only 34 percent being due to outside hackers.

“Over the past couple of years, thefts of consumers’ personal information have been caused by trusted employees and consultants who don’t risk the same security barriers as hackers do from outside the company,” said Dr. Doug Jacobson, “All of sudden, employers are realizing that the biggest security threat they face to the sensitive data they are storing and/or sending is now coming from employees who can’t get caught by the millions of dollars of security technology designed to prevent the bad guys from getting in.”

Steven Hastert, president of ShredNations.com, says that there are some simple steps that every company should take to help keep their employees information safe from identity theft.

Lock it

Human resources departments should have security procedures for storing private employee information. Lock up all employee files, both active and terminated in a secure area. More importantly, make sure that only authorized personal have access to the key.

Secure it

Employee information stored in databases should also be secured. It is amazing how many employee files are open to any employee just clicking through the company network on their lunch break. Sensitive employee data should not be stored on mobile storage devices, including lap top computers and USB thumb drives. The human resources department should be the only people with access to employee files, paper or electronic.

Hold it

Usually, the weakest link in the security chain is the person trying to be helpful to someone on the phone. Unless an officer of the court provides your company with a subpoena, you should have a strict policy to never release employee information to any individual or organization except to the employee him/herself. This rule should also apply to all consultants.

Hide it

For tax purposes it is impossible to avoid using social security numbers but they don′t need to be printed on every document. Mask the first five digits of the social security number on pay stubs and other documentation not submitted to the IRS. This is more important for documents sent through the mail.

Clean it

Implement a clean desk rule at your company? It is an easy way to increase your company’s information security from unauthorized eyes. This requires every employee who deals with sensitive information to clear their desk whenever they leave their office. Sensitive information should either be filed and locked or placed in a locked shredding bin.

Shred it

When through processing paperwork containing sensitive information that does not need to be stored, it should be shredded. A shredding service not only makes secure disposal easy but they will provide free locked containers to store the material in until it is shredded. This helps employees focus on their core responsibilities, comply with the clean desk policy and documents the shredding program for legal compliance. Best of all a shredding service is cheaper than paying your employees to do the job with an office shredder.

Steven Hastert is General Manager of Shred Nations ( shrednations.com shrednations.com). He has worked in the information security field since 2001. Shred Nations is the premier web site for businesses looking for shrednations.com secured shredding services.

In a unanimous ruling, 9-0 the Supreme Court held that all but “trivial” actions taken against an employee filing a discrimination claim are unlawful retaliation. The Court adopted a broadly worded and employee-friendly definition of the type of retaliation that is prohibited by the basic federal law against discrimination in employment, Title VII of the 1964 Civil Rights Act. Title VII prohibits discrimination and prohibits employers from retaliating against workers who complain about discrimination. But the statute does not define what constitutes retaliation, leading to various different standards among the circuit courts, and uncertainty for employers and employees alike. Under the standard that had been applied by many courts, it had been very difficult for an employee to win a retaliation claim unless the retaliation had resulted in termination. By contrast, the standard adopted by the Supreme Court in Burlington Northern &amp Santa Fe Railway Company v. White, in an opinion by Justice Stephen Breyer, any “materially adverse” employment action that “might have dissuaded a reasonable worker” from complaining about discrimination will count as prohibited retaliation. Depending upon the context, retaliation might be found in an unfavorable annual evaluation, an unwelcome schedule change or job transfer, or other action well short of termination.

As a practical matter, employers can expect to see a huge upsurge in the number of retaliation lawsuits. Taken to its extreme, an employee could complain about discrimination on his first day of employment and then anything that ever happened to him thereafter could be claimed to be retaliation for his initial complaint. Of course, the employee must still prove that there was some connection between his complaint and the retaliation, and the more time that has passed the more difficult it will be for him to prove.

As a consequence of this decision, employers must redouble their efforts to prevent harassment in the workplace in all forms, sexual, racial etc. They must provide harassment prevention training to their supervisors, and most importantly in the light of the Burlington case, they must investigate all harassment claims promptly and thoroughly, and, if a violation is found, take prompt and effective remedial action. Significantly, they must emphasize to all supervisors that there can be no retaliation taken against the complaining employee whatsoever, because even if the underlying complaint turns out to have not merit, the employee can still bring a retaliation claim.

I am an attorney in private practice in Beverly Hills, California. I represent employers in all aspects of labor and employment law, including cases involving wrongful discharge litigation, employment discrimination, sexual harassment, wage and hour laws, independent contractor status, employee handbooks and personnel practices, NLRB representation elections, union contract negotiation and grievance/arbitration, ERISA and Pension Trust Fund matters, construction labor law, entertainment labor law and immigration law. I received my B.A. Magna Cum Laude from U.C.L.A. in 1973 and my J.D. in 1976 from Loyola Law School. I was a Trial Attorney at Region 21 of the National Labor Relations Board from 1976-1980. Since 1981, I have been in private practice in Beverly Hills, specializing in Labor and Employment Law. I have lectured at U.C.L.A. Extension; at the U.C.L.A. Institute of Industrial Relations, and at numerous continuing education programs on employment related topics. I have conducted numerous seminars on Sexual Harassment Prevention Training.

Paralegals support lawyers by organizing the massive amounts of paperwork law offices generate, running the office smoothly, helping to draft documents and interviewing witnesses. Paralegals may work for lawyers, corporations, or government agencies. In general, a college degree is sufficient education to become a paralegal, although courses do exist to train and certify paralegals. The National Federation of Paralegal Associations estimates that 84 percent of paralegals have some form of form paralegal education.

Several specific types of paralegal jobs are available. Litigation paralegals help prepare documents for trials. Corporate paralegals prepare paperwork for business dealings. Probate paralegals interview clients and prepare tax and financial documents. Real estate paralegals prepare closings and research land laws. Government paralegals work for the White House, the Justice Department, or the Federal Trade Commission and may organize evidence, answer questions for the public, or conduct hearings. Employment paralegals do work similar to a litigation paralegal, but work specifically with unions or discrimination cases.

The average starting salary of a paralegal is about $21,500 while working normal hours. Most law firms, however, require that paralegals work more hours than the typical nine to five, Monday through Friday work week. The extra overtime could bump a beginning paralegal’s salary up to almost $60,000 a year. An experienced paralegal can expect to make around $40,000 a year, about the national average, with life and health insurance benefits.

The National Federation of Paralegal Associations estimates that 84 percent of paralegals have had some formal paralegal education. A paralegal’s specialization determines what fields he could work in, for example medical law or labor movement organizations. According to a 2001 survey, about 25 percent of paralegals have an associate’s degree, about 50 percent of all paralegals have a bachelor’s degree, and eight percent have either a master’s degree or a J.D. degree. Certificate or degree programs are available for paralegals who wish to have more training. At a minimum, the National Federation of Paralegal Associations recommends that aspiring paralegals have a two-year degree with an emphasis on paralegal studies. A bachelor’s degree, however, is recommended.

A paralegal’s resume should list education, experience, awards and highlight writing abilities, professional and personal skills. Sample paralegals resumes are readily available on the Internet. Be sure to attach a cover letter, as you would when applying for any other job, stating your interest and describing the skills that make you a perfect candidate for the job. Sample cover letters are also posted on the Internet.

A simple way to find a law firm is to go to the local library and skim through Martindale Hubbell, an index of every lawyer in the country organized by city and law firm. Online sites also allow registered users to browse hiring law firms.

i-paralegal.com Paralegals Info provides detailed information about paralegal jobs, schools, training, courses, certificates, and services. Paralegals Info is the sister site of i-notarypublic.com Notary Public Web.