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Archive for May, 2008

WAUD’S EMPLOYMENT LAW

Monday, May 26th, 2008

THE PRACTICAL GUIDE FOR PERSONNEL AND HUMAN RESOURCE MANAGERS, TRADE UNION OFFICIALS, EMPLOYERS, EMPLOYEES AND LAWYERS

By: CHRISTOPHER WAUD

The law relating to employment and its procedures continues to become evermore complex. Revised and updated, this practical guide aims to demystify the subject, explaining technicalities in a clear and simple way.

Bankruptcy Lawyers

Monday, May 26th, 2008

Having to file for bankruptcy is a serious business, why would anyone consider embarking on this course of action without a reputable bankruptcy lawyer; employing their services to help oversee the process on your behalf is a sensible move. Whilst filing for bankruptcy requires a little more work and preparation than it did before the changes in law, most of that work will fall on your attorney to complete. Despite all this extra paperwork for debtors, once it has been completed, the bankruptcy petition can proceed in the same way as it did before the changes in law.

Fortunately, the United States bankruptcy protection code provides certain exemptions for people who are filing for bankruptcy when it comes to the disposal of property. It is unlikely that your home or vehicle will be at risk. Other exclusions are incorporated into the law so that personal possessions, items needed for work, furniture and the family automobile are protected from creditors. This way the person can still go to work.

Of course, some States have made additions to the federal law and this is where your bankruptcy lawyer will be of more assistance if you want to retain the possessions to which you are entitled. Most people considering filing for bankruptcy don’t own many high value items so their property consists mainly of what they need to live and work. This is exactly the kind of property your legal representative will ensure is protected from creditors.

The unfortunate aspect to this is your credit rating will be affected and on your record for a decade. The truth is that your credit score is more greatly influenced by recent credit activities rather than on transactions that have occurred in the past. You will notice within a short period of time after your bankruptcy has been filed that applications for credit are already forthcoming.

Bankruptcy lawyers should warn their clients that many of the creditors who will solicit your business right after bankruptcy will attach outrageous fees and charges to these accounts. These mounting costs would put you right back in financial trouble. That does not mean you cannot accept credit but you should be judicious about what types of credit you take on, to ensure payments can be met comfortably.

Whilst you continue to maintain and rebuild your credit record you may find that in less than four years your good credit record will have been re-established. Your bankruptcy will still appear on your credit record for the full ten years but it should not cause you problems if you decide to buy a house, car or arrange another unsecured loan.

Most people that have become bankrupt have done so as a last resort, probably trying all the alternatives. It isn’t an easy decision to make so the credit companies should not give the impression that only losers and failures take this action. This belief also makes it easier to get support for legislation that will make it harder for people to become insolvent. The truth is that many people forced into this situation are hard working people that have just been unlucky; bankruptcy lawyers know that it is the law surrounding bankruptcy protection that is the only thing there to help them.

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Adoption Lawyer

Sunday, May 25th, 2008

The adoption process can be lengthy and complex, for which a professional adoption lawyer is the person best suited; apart from the suitability of the prospective parents, the vast majority of the adoption process is based around legal matters. Applicants acting without legal assistance would not be likely to complete the process; because making sure the new parents have all the rights that would normally be associated with birth parents must not be overlooked. Courts do not take applications on face value and require certain facts to be submitted via official documentation; this request will probably require information relating to the child’s birth certificate and any other related details.

Some parents try to carry this aspect out without representation; in the interests of speed and efficiency it is much wiser to use the services of a professional lawyer, versed in adoption law and practice. During the finalization process of the adoption, it might help to have a lawyer present as the adoptive parents must attend a hearing which usually takes place within the first year after a child is placed in their new home. Even though registering with an adoption agency is generally a good idea as they have resources and experience to help prospective parents, they will probably use an adoption lawyer for the more complicated legal aspects.

When people choose to adopt internationally, legal representatives must be present because there are issues to sort through when adopting a child from a foreign country as every country has its own laws and regulations. Of course a further problem faced is that of language because what means one thing in one country can mean the opposite in another; therefore documents have to be translated and then interpreted by professionals. Adoption attorneys, who are able to translate the documents, are vital in foreign adoption; it really can’t be done without their expertise.

Of course one of the most important aspects is that of citizenship; this complex process alone warrants the use of someone who is trained in legal matters. With so much regulation surrounding adoption, it would be foolish for a couple to try and work through the process without the assistance of an adoption lawyer. They are familiar with the legal issues related to the process and they are knowledgeable about loopholes and possible mistakes that are common in adopting a child.

To put the complexity into perspective, even adoption agencies and groups will retain the use of a professional adoption lawyer to ensure that they do not fall foul of legal issues. Many agencies offer this facility to parents looking to adopt; they are more likely to succeed and would not need to look for their own adoption attorney which might take time if they intend to check references. By adopting the correct approach to this, it can save heartache at any time in the future when the question of birth parentage may occur; therefore, the assistance they receive from their lawyer is invaluable.

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An Introduction to Law (Law in Context)

Sunday, May 25th, 2008

by Phil Harris

Well written and easy to understand, it will provide students with a sound foundation of key legal topics … Highly recommended.’ –Times Higher Education Textbook Guide

Since the publication of its first edition, this textbook has become the definitive student introduction to the subject. As with earlier editions, the seventh edition gives a clear understanding of fundamental legal concepts and their importance within society. In addition, this book addresses the ways in which rules and the structures of law respond to and impact upon changes in economic and political life. The title has been extensively updated and explores recent high profile developments such as the Civil Partnership Act 2005 and the Racial and Religious Hatred Bill. This introductory text covers a wide range of topics in a clear, sensible fashion giving full context to each. For this reason An Introduction to Law is ideal for all students of law, be they undergraduate law students, those studying law as part of a mixed degree, or students on social sciences courses which offer law options

LEGAL RESEARCH SKILLS FOR SCOTS LAWYERS

Saturday, May 24th, 2008

By: DR. FULLERTON, KAREN

A guide to legal research skills and sources of information, designed for students studying law in Scotland. This title takes account of sources of information including the internet. Not only of interest to students, this work is also helpful to practitioners, those seeking guidance on digital sources of information.

Personal Injury

Saturday, May 24th, 2008

Many thoughts can run through your mind if you have been injured in an accident; it is quite normal to want restitution. No-one could be blamed for feeling this way; worse still, they may be unable to live a normal life, and forced to claim benefits. Auto accident injuries caused by another can be pursued through the courts; so, engage a personal injury claims lawyer who will act on your behalf as long as you can provide them with all the information they need.

This means your attorney will want to see details of any trips to the doctors, medical expenses and prescription medication; this will strengthen your case especially if you can no longer work. The case that’s built about the auto accident must be comprehensive; photographic and video images will help substantiate your claim.

The reason for the urgency is our memories become less precise about events the longer we leave them; writing details down can provide a more precise report of what happened. It is also extremely useful to have details from any witness to the accident as your personal injury claims lawyer can use their statement; their details will need to be collected before they too forget much of what they saw.

The doctor’s physical examination of injuries should be next; this should be written document highlighting all the injuries sustained with photographic evidence where possible. Do not forget that the physicians report will also have a bill attached; this should be included in the information you provide your attorney.

To be taken seriously in the courtroom, a person must be represented by a personal injury claims lawyer; it shows you are taking the issue seriously and insurers are more likely to settle a claim and less likely to try and dismiss it. Insurance claims are notoriously bad for their public image; there is also the possibility that the financial compensation could destroy them.

The quickest way to locate an attorney who specializes in this area is online; look for those that can provide references as this is a sign they do not mind being checked out by potential clients. The cost of not employing a personal injury claims lawyer could be higher for the victim; they are there to represent your interests.

Specialist attorneys have a wealth of experience in this area; experience that can help with an insight of how these cases are won and just what you, as the victim, will need to do. This guide is designed purely to help you recapture your life after an auto accident; if you follow the suggestions laid out here you shouldn’t have any problems.

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Public Law (Blackstone’s Law Q and A)

Friday, May 23rd, 2008

by Richard Clements

The ideal revision aid, Q and A Public Law gives students the opportunity to practise their exam techniques and evaluate and assess their progress. The book is divided into chapters covering each major topic on undergraduate law courses, and contains around fifty questions and answers designed to test even the best prepared student. Each chapter contains an introduction focusing on important legal aspects, and a flowchart is used to illustrate how to tackle questions on

judicial review. After every question there is a commentary highlighting key points, followed by bullet-pointed answer plans, and finally a model answer. The authors discuss the most effective techniques for writing examination answers and tackling legal problems, showing exactly what the examiners are looking for. The authors have a long and varied experience of teaching constitutional and administrative law and related subjects at different universities. Jane Kay is now Assessments Tutor at

the University o

the West of England and is very much in touch with how examinations are set and marked.

Online resource centre

Q and A Public Law is accompanied by an Online Resource Centre providing annotated web links

The ideal revision aid, Q and A Public Law gives students the opportunity to practise their exam techniques and evaluate and assess their progress. The book is divided into chapters covering each major topic on undergraduate law courses, and contains around fifty questions and answers designed to test even the best prepared student. Each chapter contains an introduction focusing on important legal aspects, and a flowchart is used to illustrate how to tackle questions on judicial review. After every question there is a commentary highlighting key points, followed by bullet-pointed answer plans, and finally a model answer. The authors discuss the most effective techniques for writing examination answers and tackling legal problems, showing exactly what the examiners are looking for. The authors have a long and varied experience of teaching constitutional and administrative law and related subjects at different universities. Jane Kay is now Assessments Tutor at the University of the West of England and is very much in touch with how examinations are set and marked. Online resource centre Q and A Public Law is accompanied by an Online Resource Centre providing annotated web links

Personal Injury

Friday, May 23rd, 2008

Many serious injuries caused in accidents are due to the reckless actions of another; one of our first thoughts is about getting our own back. Under these circumstances a person could be forgiven for thinking this way; worse still, they may be unable to live a normal life, and forced to claim benefits. Auto accidents that result in life changing injury must be pursued through the legal system. this is where personal injury claims lawyers can be of help as long as you remember to record every detail of the event for them.

To help build a compensation case, your attorney will require precise information on any expenses incurred since the accident; that will include medical fees in addition to details of any financial hardship since that time. This information will also include exact details of how the auto accident happened; photographic evidence is also very useful when pursuing cases like this.

The best evidence you can supply is that taken as soon as possible after the accident; it will still be clear in your mind and every detail, no matter how minor, should be recorded. If there is a witness to the accident the personal injury claims lawyer will want to know; to ensure their account is credible, a statement should be taken as soon as possible after the incident.

A full medical examination will be requested by the insurance company; this is where those photos you took will be useful in court as evidence. After the examination, ask to get a copy of the billing; make sure you document the amount of money spent and while all of these things are important, you will never win a case unless you have an attorney.

Hiring a personal injury claims lawyer will increase your chances of compensation; insurance companies know they cannot fool a legal professional. Insurance claims are notoriously bad for their public image; there is also the possibility that the financial compensation could destroy them.

It is important you employ a reputable attorney and this is simple enough when searching online; look for those attorneys that can provide reliable, solid and contactable references. If your goal is financial compensation then a personal injury claims lawyer is highly recommended; a successful outcome is their prime responsibility.

You cannot expect success if you haven’t employed a proficient attorney; the wealth of knowledge and experience that can provide on this complex area of law is all important. By following these tips you should not have a problem with your auto injury compensation case; find good legal representation and you will be more than ready for the case with the preparations you have carried out in advance.

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How to Write Law Essays and Exams

Thursday, May 22nd, 2008

How to Write Law Essays and Exams provides law students with a practical and proven method of analysing and answering essay and exam questions. The book focuses on those questions that give students the most trouble, namely problem questions, but its techniques are equally applicable to other types of essays. Designed for law students of all levels, including those on A-level, university, conversion, and vocational courses, the text helps students understand their substantive courses while at the same time teaching vital writing and analytical skills.

In addition to providing a framework for analysing and writing law essays, the book teaches students how to identify relevant legal authorities, distinguish and harmonise conflicting legal precedents and evaluate the applicability of the law to the facts of the question at hand. The book also contains specific law-related revision techniques and general writing tips.

Numerous worked examples help students avoid common errors, while a dedicated chapter on professional practice helps ease the transition to pupillage and traineeships. The tried and tested techniques contained in this book have increased numerous students’ understanding and enjoyment of their law courses, while simultaneously improving their marks.

Online Resource Centre

Student resources: discussion of different citation styles and referencing; a breakdown of a case; answers to frequently asked questions

How to Write Law Essays and Exams” provides law students with a practical and proven method of analysing and answering essay and exam questions. The book focuses on those questions that give students the most trouble, namely problem questions, but its techniques are equally applicable to other types of essays. Designed for law students of all levels, including those on A-level, university, conversion, and vocational courses, the text helps students understand their substantive courses, while at the same time teaching vital writing and analytical skills. In addition to providing a framework for analysing and writing law essays, the book teaches students how to identify relevant legal authorities, distinguish and harmonise conflicting legal precedents and evaluate the applicability of the law to the facts of the question at hand. The book also contains specific law-related revision techniques and general writing tips. Numerous worked examples help students avoid common errors, while a dedicated chapter on professional practice helps ease the transition to pupillage and traineeships.

The tried and tested techniques contained in this book have increased numerous students’ understanding and enjoyment of their law courses, while simultaneously improving their marks. The Online Resource Centre includes student resources, which provide a discussion of different citation styles and referencing; a breakdown of a case; and also answers to frequently asked questions.

Accident Law

Wednesday, May 21st, 2008

In America, one profession more than any other has a danger attached to it like no other – that of the construction worker; they live with the possibility of life threatening injuries daily. New York is so far the only State to try and reduce the number of accidents by changing the law; using accident lawyers to represent injured victims and families. Construction workers face many dangers every time they enter a site but the danger of falling is the greatest; make no mistake, any injury that occurs on a site can be fatal.

If you are injured, the first thing you need to do is document what happened and the conditions that caused it; there should be no delays carrying out this in case important details are forgotten. The better the documentation of events and how they occurred, the greater the chance of obtaining a successful compensation claim for an injury; never underestimate the importance of this.

Factors that could have been contributing factors should be recorded; for example:

*Location, date and time of the incident *The machinery involved in the incident *Has the equipment caused any other injuries? *Recent inspection report of the machinery *Did anyone else see what happened? *What type of weather was there when the accident occurred?

This report should be as complete as you can possibly make it; the accident lawyer will ask for as many details as possible so it’s possible to build a watertight case.

Finding an attorney that is a specialist in accident law is your best way forward as this is their area of expertise; this way you should expect superior results with any compensation claim you make. As there could be a number of people responsible for your injury, you want a lawyer that has experience with accident claims; you could be making a very costly mistake by not hiring a good quality accident lawyer.

Most people feel that due to workers’ employment laws they are unable to file a compensation claim lawsuit; most people do not realize that other people can be held to account for accidents on a construction site. This could be equipment manufacturers, third-party contractors and even the property owners; anyone who is defined as a third party operator can be sued for injury compensation.

New York State is very protective towards construction workers, so in this case, the law is completely on their side; it is now the responsibility of the property owner and general contractor to keep the site safe ensure safety for all its workers. Even subcontractors can be liable and this is especially the case when they have provided their workers with defective and faulty equipment. It is also possible to pursue negligent construction equipment suppliers if it is found that injuries and accidents are the result of unsafe equipment they supplied; your accident lawyer will tell you if you have any case to pursue. There are a number of specialist law firms whose work only involves construction site accidents, and these are the ones to seek out; ideally you will need someone who is familiar with the laws in place dealing with construction site injuries.

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