Legal

The last-reported U.S. divorce rate for a calendar year (2005) is .38% Divorces per capita per year, according to the National Center for Health Statistics. About 50% of first marriages for men under age 45 may end in divorce, and between 44 and 52% of women’s first marriages
may end in divorce for the same age group. Startling statistics, I think most of you would agree. If you are one of those unfortunate people (or fortunate as the case may be) who are going through a divorce, you must be aware of the potential issues that you may face. Spousal Support, Alimony Pendent Lite and final Alimony are a few of the issues that could arise in a Divorce situation. Spousal Support can be ordered where the spouses are separated, but no formal Divorce action has commenced. Alimony Pendent Lite can be ordered where the Divorce action has commenced, but not completed. Final Alimony can be ordered after the Divorce action is completed. Each of those types of support are based on the wage earning capacity of each spouse.

If children were born of the marriage, then Custody and Child Support are two other very serious issues. Custody is established either by agreement of the parties or by using the “Best Interests of the Child” approach. That approach is exactly as it sounds, wherein the Court attempts to determine custody based solely on what is best for the child(ren). Which parent will nurture them, protect and provide for them, allow them to grow emotionally and spiritually, and so forth are some of the factors that the Court will use to determine Custody. In regards to Child Support, many states set forth earnings guidelines that are used to assist the determination of that support.

Finally, Distribution of Assets is another issue that arises in even the simplest of Divorce cases. Most states follow the Equitable Distribution rule, which seeks to provide economic justice between the parties. This process is a three step process, where the court attempts to identify the composition of the marital estate, the valuation of those assets, and then the application of the legal economic factors to determine distribution of the marital estate.

Greg Artim is an Attorney with offices located in Pittsburgh, Pennsylvania. For more answers to your Family Law legal questions, please visit his website at gregartim.com/divorce.htm gregartim.com/divorce.htm

Q: What are the top 10 most important things you need to know if I slip and fall?

A: 1. What was the weather like on the day you fell?

2. What were you wearing on your feet?

3. Do you wear eyeglasses?

4. Do you have a history of dizziness or falling?

5. Are you taking any medications that make you dizzy?

6. What did you slip or trip on?

7. After you fell, did you see what it was that you fell on?

8. Were there any witnesses to your fall?

9. Did you file an accident report with the owner of the property, or with the police?

10. How long do you think the dangerous condition existed before you fell?

Q: I slipped and fell on a city sidewalk and broke my leg. Do I have a case?

A: The key question is whether the City had ‘notice′ of the defect you fell over. Did they know about the condition and fail to fix it in time to prevent your accident? If they didn’t have actual written notice, was the defect large and significant enough so that they should have known about it?

The answer to those questions will help determine whether we are able to prove that the City was responsible for your injuries. Remember, there may have been construction in the area where you fell that may have contributed to creating the defect you fell over.

With a claim against the City, you must file a notice of claim within 90 days of the date of the incident! This must be done correctly to protect your legal rights.

Attorney Oginski has been in practice for over 16 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client’s are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client’s case from start to finish.

Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at oginski-law.com oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.

At one time, it was not illegal to defend yourself if someone attacked you on the streets. However, in
a few states, if you retaliate when assaulted, both parties are arrested, even though you were merely
defending yourself against the attacker.

This is sounds like insanity, but the laws has determined that “word against word” is the issue; thus,
the crime should be taken to court to determine what caused the incident, why the incident occurred,
and who is responsible for the crime committed. If there is a third party involved in the act–rather if
a third person intervenes in an attempt to protect the victim–it may fall under the “alter ego rule” or
rather the third person is permitted to defend the victim on particular grounds.

Under the Texas Penal Codes, for example, the law states that under a defending act of a third party,
that the person is legally excused if this persons utilizes “force against another to… [protect the third
party.]” This person cannot use this action if he feels that the third party is in no danger; however, if
the party feels that the victim is in a life threatening situation, or else brutality is involved, then this
person must use thoughtful consideration in taking action to protect the third party.

Other states may only permit the party to restrain the culprit until the police arrive. Yet, few states
will consider this act a Citizen’s Arrest, where the party holds the culprit temporarily in his/her
custody until the police arrive at the scene of the crime. For more information on self-defense, check
your local state laws. This is crucial because your stay may have completely different laws than the
law cited above from the state of Texas–and if you have to defend yourself in court, you will want to
know what those laws are and if they work in your favor or against you.

Emanuele Allenti offers valuable tips and help about incredible-legal-advice-4-you.info professional legal advice and incredible-legal-advice-help.info personal legal advice. Enter now!

Perhaps you’ve heard of or seen Hollywood’s portrayal of Swiss Bank accounts, Offshore Trusts and Corporations, and Tax Havens of the rich and famous as jet setting moguls live mysterious yet exciting lives.

But in the real world, although these same financial structures (most administrated by reputable and legal banks), have been around for hundreds of years, there are still many people who consider the above strategic asset protection entities as illegal.

I think we need to look at what they were intended to do. Asset or lawsuit protection laws were designed for the very purpose of protecting your assets from being frozen and the possibility of unjust forfeiture.

Still others consider asset protection a moral dilemma… something unethical or dishonest. This is the furthest thing from the truth.

But, at the same time, I’m not trying to start a moral debate here nor am I recommending nor would any attorney in their right mind advise that you avoid paying a judgment or fine that you rightfully owe.

That being said, I feel you should be in the position to make the final verdict on what is fair and right.

Because when lifetime, incumbent judges and bleeding-heart juries stop handing out ludicrous decisions, then I’ll be the first person to tell you that you’ll no longer need to protect your hard earned assets.

I guess the irony of it is, collection lawyers, government agencies such as the IRS and the FTC, and everyone outside the asset protection circle, make every effort to characterize legal asset protection as dishonest, fraudulent, or worse.

Of course, their motives are transparent. They viciously denounce anyone who successfully stop their efforts to collect or seize their assets which then disrupts the stream of income flowing in their direction.

So, total asset protection is NOT illegal or a privilege it is a freedom protected by the U.S. Constitution. Imagine that.

I think most people would be totally surprised at how many of our politicians and well known corporate giants have gone offshore to safe guard their millions in assets.

Looking into asset protection and then taking action to protect your business and personal assets maybe one of the most important and intelligent financial decisions you may ever make.

So, talk to an asset protection consultant and attorney now… before its too late.

Because the cost of setting these protection devices in place will be ridiculously small compared to the cost of losing your home, cars, retirement and investment accounts. Not to mention the unimagineable stress. Do it now.

About The Author

Floyd Tapia has over 8 years of tireless work and research experience on the topic of total asset protection. His news tips, The Tapia Brief, has up-to-date tips on affordable bulletproof lawsuit protection for all:

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The green card lottery is where the Department of State annually awards green cards to immigrants. This is a lottery that is done by a random computer selection. The technical term for it is the Diversity Visa program. The people that conform to the rules and learn to speak English will be able to enter the lottery program.

This is a great way for people that want to become residents of the United States without having to wait for many years. The immigrants that want to apply will have to obtain an application so that they can fill out the necessary paperwork in order to become a legal candidate for this program. This is a once in a lifetime chance for a lot of people and they will take the opportunity very seriously.

You can find the application for this green card lottery online. There are many federal websites that will help people obtain the applications so that they can get a head start on applying for this great program. Once the application is filled out and sent in, it will have to be reviewed. Once the government approves it, that applicant will then be placed in the lottery. There are no paper entries allowed anymore. It all has to be done online or electronic.

There are 50,000 green cards that are given out to many immigrants from all over. These people have complied with all of the rules and taken the time to do all paperwork and make themselves eligible for the program. The individuals that apply must have a high school diploma and two years in an occupation requiring at least two years of training or experience.

Each applicant is limited to one application in the green card lottery. If there is more than one application received, the individual will be disqualified. It is important to follow the instructions and the rules completely. There are so many qualified people that are thrown out of the green card program each year because of the multiple applications that are submitted.

If qualified a husband and a wife may apply to the green card lottery. They may each submit one application and it either is selected into the lottery the other would be entitled to derivative status. This will allow both of them to be entered into the United States. All of the entries must include the name, date and place of birth of the applicant’s spouse and all natural children.

This is an opportunity that you have to sign up for early in the game or you may miss your chance for approval. It is something that most people only dream about and knowing that there is the green card lottery leaves hope in the minds of many people that they will one day be allowed the same freedom of living in the United States.

Copyright 2006 - Ivar Rudi. For more information and resources about this subject check out: green-card-lottery-guide.org/ green-card-lottery-guide.org/

New US Immigration Visas are very flexible and available to the people living in other nations. The U.S. Immigration visa allows a person who desires to travel to the United States of America from any country as a non-immigrant or immigrant should apply for entry permission at a Consulate outside the United States.

Few years back the process of getting immigration visas are lengthy and requires substantial paperwork. Applications are submitted to the U.S. Citizenship and Immigration Services and then the foreign nations must attend an interview at an U.S. consulate. It takes so much time for processing and can take several months; mistakes in applications can result in even delays for years.

Today situation has changed, getting US immigration visas become much easier and so many are using electronic forms to get visas from consulate. Actually there are various types of visas available to foreign nations who enter in to United States. According to new rules and regulations the U.S. immigration visas are divided in to two types 1) Nonimmigrant visas 2) Immigrant visas.

Nonimmigrant visas are mainly useful for non U.S nations, who desire to study, work, visit or travel through the United States of America. Nonimmigrant visas are further divided into 4 types 1) Work visas
2) Visitor Visas 3) Student Visas 4) Family Visas.

Work visas are most popular temporary work permit to enter in to United States for specialty occupation.
It includes H1B,ʵ,TN,˹,ʳ,ʴ,I,O,P,R,H2B. Visitor visa is for foreign individuals who can demonstrates their business and travel temporarily in the U.S. B1, B2 and Visa waiver program comes under this category. Student visas are mainly for foreign nations who want to study in U.S. Universities or colleges. Family visas (K and V) are available to those who plan to marry a U.S. citizen.

Immigrant visas provide permanent resident status (Green Card) which allows foreign nationals to reside permanently, work and travel in the U.S.

Immigrationforum.com is a good immigration discussion site and is growing strong. For additional information on U.S. immigration visas visit immigrationforum.com immigrationforum.com

immigrationforum.com”title=”Immigration Forum Immigration Forum

People usually consider the speeding ticket as a hiccup during the day. Most people who are caught and given a speeding ticket prefer to pay it on the spot – thinking that contesting it is too much trouble and a time drain. After all, most of us lead lives, which require 48 hours crammed in a 24 hour day. However, the decision for paying and forgetting the fine should be done only after you understand and see the whole picture.

My first advice to you is, ‘DO NOT PAY TE TICKET ON THE SPOT’ even if the officer says that if you do so it will come on your record. First and foremost, after you get the ticket (and preferably the officer left) record all the circumstances in writing - you will not remember 75% of it after one hour – and try to get as much evidence for you as possible. If you can, draw a diagram and/or take photos and describe who was where when you were flagged down; where was the officer when he/she would have identified you as speeding, the signs around you, the traffic, the weather, the road, everything.

Then, armed with all information – either go through the law books regarding traffic offenses and see if you can struggle out of the ticket by showing inaccuracy or any other reason as such – or hire an attorney to do so for you. In case you want to be sure you are doing the right thing by fighting/ contesting the speeding ticket, find out how much the insurance company would raise their premium after this conviction and calculate the total cost over three years. You also, find out how much (if any) surcharge the State imposes on you for the mark on your license – then work it out whether it is better to contest it or pay it.

The cost of the ticket, when seen from all the angles might startle you. What you would think is a mere fifty bucks would come out to be some $300-500 per year in terms of insurance and surcharge costs.

I am sure that in 99 percent cases, you will find it more profitable to fight the ticket than to pay it without contesting. The direct costs are very high and not worth in the long run. There are the costs of fringe benefits as well, which cannot be counted directly here. Something like your company would not trust you with the company car and either not give it to you or insist that you hire a driver for it. The list goes on. Hence, the cost of the speeding ticket is far more that the meager $50-100 upfront cost.

More frequently, many of my clients have been approaching me regarding the topic of patenting their unique business model, i.e. methods of doing business. So can a method of doing business be patentable? Yes. In 1998, the United States Court of Appeals for the Federal Circuit ruled that the patent laws did extend to protect any method so long as it produced a “useful, concrete and tangible result.” The case spawned a slew of “business method patents” and “Internet patents.” The most cited example of business method patents has been Amazon’s “One-Click″ system, which allows a prior customer to place a new order without having to reenter the customer’s address and credit card data when placing an order online (U.S. Pat. No. 5,960,411). Some other examples of business method patents are: an internet auction system in which a user names the highest prices they are willing to pay and the first seller gets the purchase (U.S. Pat. No. 5,794,207); a method that gives a monetary incentive to citizens to view political messages on the Internet (U.S. Pat. No. 5,855,008).

Business method patents have raised quite a controversy over the years, primarily because many felt that the United States Patent and Trademark Office (“USPTO”) had issued many undeserving business method patents. What may have been a response to the criticism, in 2001 the USTPO required that business method inventions must apply, involve, use or advance the “technological arts.” The requirement essentially meant that it could be met by requiring that the invention be carried out by a computer.

However, in October 2005, the USPTO held that there is no requirement of the “technological arts.” The USPTO reached that conclusion in Ex parte Lundgren, Appeal No. 2003-2088 (BPAI 2005) which focused on a patent application that claimed a “method of compensating a manager.”

So what does all this mean to prospective inventors? The Lundgren case has essentially expanded the scope of business methods patents by giving inventors the opportunity to pursue patent protection for inventions that do not have a technological aspect. Therefore, business method patent applications such as the one in Lundgren, (which claimed a method of steps for determining the salary of an executive so as to foster competition among other executives) which were initially rejected by the USPTO, are now getting allowed and ultimately issued. Now before everyone starts getting trigger happy for business method patents, the USPTO did provide guidelines that should be met. The patent should either transform an article or physical object to a different state or thing, or, the claim method should produce a useful, concrete and tangible result. For now, it appears that the Lundgren case has rekindled some of the optimism of business method patents that has been extinguished for quite some time.

Michael N. Cohen, Esq. is a licensed patent attorney and is the principal of the Law Office of Michael N. Cohen, P.C., located in Beverly Hills, California. Mr. Cohen can be contacted at patentlawip.com patentlawip.com or 310-288-4500.

© 2006 Michael N. Cohen, Esq.
This article is not intended as a substitute for legal advice. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. You should consult with an attorney familiar with the issues and the laws.

The hallmark credentials that you want to see when hiring a San Diego criminal defense lawyer on a serious felony charge are pretty much the same for a criminal defense lawyer anywhere. When you are charged with a serious felony in a state court system where your exposure is many years in prison you don’t want someone “practicing” or dabbling on your matter. You want a consummate talented and respected professional that regularly handles the type of criminal charge that you are charged with.

The bottom line is that you want a lawyer with a winning reputation. The profile that makes up that type of lawyer consists of a number of characteristics. You want a lawyer that is well educated. While the law school a lawyer went to isn’t necessarily the characteristic that makes the difference, the better law schools produce lawyers who understand the theory of the law better which makes them better able to make arguments that persuade judges.

You also want a lawyer who has a good presence and who is respected in the courts. The more respected your lawyer is, the better he will be able to negotiate, win critical motions, and get rulings favorable to your case. A good lawyer who is respected in his community will be respected anywhere he or she goes to handle a case. The prosecutors and the judges get the picture quickly by the way the lawyer handles themselves.

You want a lawyer who has been practicing many years if your case is a serious felony such as murder, vehicular manslaughter, forcible rape, or child molestation. The more years a lawyer has practiced means that he or she has handled more situations, more cases, and more trials. That combined experience means that they will be able to analyze your case quicker and with more accuracy than a lesser experienced lawyer. Years of experience means they know all the moves and how to implement them effectively at the right moment.

Make sure your lawyer has successfully handled many cases of the type of charge you have. If you are charged with murder, for instance, you want a lawyer who has handled and tried several murder cases. A top gun lawyer should be able to cite several examples of jury trial results and favorable settlements in the type of case you have. There is no reason not to hire a lawyer with a long record of winning. Every lawyer has won a case or two. You want the lawyer with a long list of successful results.

In every major community in this country competent skilled professionals exist who are capable of getting you the best results. A little work trying to find one will be worth the effort. If you throw your money away on someone who isn’t up to the task you won’t find out until it is too late. You can always change lawyers but you may have spent all of your resources. Major Tip: Don’t ask people to refer you to a good lawyer. You may just be getting a friend or a business referral. Ask people: “Who are the five or ten best San Diego criminal defense lawyers to handle a serious state court felony trial case?” You will likely get a list of great lawyers. The good lawyers will all talk to you and you will be able to see the difference and choose who you are most comfortable with and can afford.

William F. Nimmo is a highly regarded San Diego criminal defense lawyer who
has successfully defended residents statewide for nearly three decades. He
has been a San Diego criminal trial lawyer of the year and has been awarded
the Directors’ Award for Excellence by the San Diego Criminal Defense Bar
Association. See nimmolawgroup.com/ nimmolawgroup.com/ for more information.

Comes now, the author of this article who, pursuant to said article, for the reasons set forth herein, prays inter alia, for relief from the antiquated expressions, needless Latinisms, and convoluted legalese that plagues most legal writing. Stubbornly clinging to language that they would never use in any other context, many legal writers have an irrational aversion to expressing themselves in plain English. But is it really necessary to “pray” for relief rather than ask for it?

Is it more convincing to argue that the client is entitled to relief “pursuant″ to Section 4.16 rather than merely “under” Section 4.16? And, is the Plaintiff really coming now? The general consensus is that the answer to all three questions is a resounding “no,” and that legal writing is, in fact, much more effective without the legalese.

The Plain-English Movement

Over the past two decades, the movement away from legalese and toward legalEASE has been palpable and heartening. In his book, “the Winning Brief,” legal writing guru Bryan Garner includes chapters on such tips as “eliminate the jargon known as legalese,” “strike pursuant to from your vocabulary,” and “don’t use such as a pronoun.” The University of Virginia School of Law alumni page touts its legal research and writing program as helping students “win the battle against legalese.” A UCLA professor publishes an online page entitled “eschew, evade, and/or eradicate legalease.” We are bombarded by advertisements for CLE writing seminars that promise to teach us to how to write clearly, in plain English. Yet, many attorneys continue to cling to their legalese.

Resistance to Abandoning

It seems evident that confusing jargon is the enemy of clarity and persuasiveness, but the fact that we need to attend seminars or read books to teach us how to write in simple English is a testament to how deeply engrained this strange lawyerly language has become. Why the resistance? One explanation may be that aspiring attorneys spend three years in law school reading cases–decisions that are often centuries old–and assume that 21st century lawyers should write like 19th century judges. They continue to write in this style out of habit, or a misguided sense of tradition. Other lawyers are convinced that legalese is more precise. However in most cases the opposite is true: legalese is less precise, redundant (”cease and desist,” “by and through counsel”), and unwieldy reinafter, “unwieldy”).

Underlying the resistance may be a vague, insecure sense that lawyers need to write in legalease in order to sound lawyerly and separate themselves from the rest of the population. After all, can’t any person of average intelligence draft a contract or an appellate brief in plain English? The answer, of course, is no. Replacing the “parties hereto” with “Jones and Smith” devalues the importance of attorneys no more than calling a megapixel a “millionth of a screen” would render computer technicians obsolete. Lawyers aren’t paid for their ability to wield incomprehensible jargon. Rather a unique ability to reason like a lawyer, to weave persuasive arguments from facts and precedent, and to pay exacting attention to detail, separates legal writers from the rest of the population. Of course, there will always be a unique legal lexicon, filled with such terms of art as “fee simple,” and “res judicata.” Every profession has its jargon. But the legal profession is the only one that has felt the need to have its own pronouns, unique to the English language, and to use same to alter said language.

In Conclusion

WHEREFORE, for the reasons set forth herein, we respectfully request that this honorable reader abandon legalese and start making clear arguments in plain English.

Doug Groene, Esq., Staff Attorney of legaleasesolutions.com legalEase Solutions LLC

legaleasesolutions.com legaleasesolutions.com