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June 2017 Archives

Understanding The Difference Between A Real Estate Lawyer VS. A Real Estate Agent

UnderstandingTheDifferenceBetweenARealEstateLawyerVS.ARealEstateAgent.jpgIs it your first time buying a house? If you are not sure what to expect, then you might have considered hiring a lawyer to help with the process. Some people argue that you don't need one, while other people feel more comfortable. It is no secret that real estate agents earn high commissions. The commission is usually paid by the seller, but cost can be indirectly passed on to you. 

Understanding Domestic Violence Laws

UnderstandingDomesticViolenceLaws.jpgDomestic violence is the willful intimidation, physical assault, battery, sexual assault, or other abuse done to an intimate partner as a means of power and control over this person. Victims of domestic violence are protected under both federal and state laws. These individuals may seek relief in civil or criminal court.
Individuals in this situation may help law enforcement to build a criminal case against their abuser. There are plenty of resources available for individuals who are a victim of this abuse. 

Burdens Of Proof In Criminal Cases

BurdensOfProofInCriminalCases.jpgIn a criminal law case, the prosecution has the burden of proving every element of crime beyond a reasonable doubt. The defendant is not required to prove innocence to avoid the conviction. The prosecution also does not have to prove guilt to the point of absolute certainty. It is not always the case that the prosecution has to bear all proof, sometimes the burden is shifted to the defendant. 

Common Legal Issues In Commercial Real Estate Transactions

CommonLegalIssuesInCommercialRealEstateTransactions.jpgCommercial Real Estate transactions have the potential to be high risk due to the amount of money invested. Sometime legal issues may happen during the sale or purchase of commercial property.
Real estate property is very unique. You can't exactly compare based on size, age, use, the state of the building, etc. Making a property evaluation of the property is very challenging. An experienced commercial appraiser can assist both buyers and sellers to help them determine if the property is really worth the price. Not giving or getting an accurate property valuation can cause potential legal issues. 

Understand Your Rights When It Comes To Job Discrimination

UnderstandYourRightsWhenItComesToJobDiscrimination.jpgEmployment discrimination is against the law. You have legal remedies no matter what type of job discrimination that you have experienced.
Title VII of the Civil Rights Act of 1964 prohibits race discrimination as well as gender discrimination. You are not able to discriminate in the workplace based on sex, race, color, nationality, or religion. The Equal Pay Act of 1963 makes it illegal to pay genders different wages if they do the same job.
It is illegal to discriminate against a woman who is pregnant or a woman facing a pregnancy related medical condition. You cannot hire or fire someone or discriminate based on job duties.
You also cannot discriminate against someone because of genetics. This goes against the Genetic Information Nondiscrimination Act. This includes genetic disease, family history, and genetic test results.
The Age Discrimination Employment Act of 1967 makes it illegal to discriminate against anyone who is age 40 or older because of their age. 

Filing A Complaint Against A Doctor

FilingAComplaintAgainstADoctor.jpgIt doesn't matter if we like a doctor or not. Sometimes a doctor will make a mistake making you feel as though you need to put in a complaint. When this medical provider's conduct has an affect on your health or is fraudulent, filing a complaint is a must. A mistake can be very minor, or it can be very serious. You should understand why you may be in a situation where you need to bring the matter to court.
If your doctor delivers substandard care, then this person has put themselves in a position to receive a formal complaint. This may be a misdiagnosis, careless treatment, or a delay in treatment. Under or over-prescribing medication and giving a patient the wrong medication are also reasons to submit a formal complaint.
Working under the influence of drugs or alcohol, sexual misconduct, practicing, without a license, and alter records are more examples of rightful complaints. 

When A Landlord Should Call A Lawyer

WhenALandlordShouldCallALawyer.jpgWhether a tenant has been causing trouble in your building, and you are trying to evict them, a tenant or guest is trying to sue you due to the conditions of your property, a tenant is trying to sue you with the claims of property damage, or for any other reason, these are problems that will need the help of a law expert. There are some situations where a property owner might benefit from getting the help of a lawyer in order to make sure they keep themselves protected.
Landlords always try to make business profit, but at the same time, they want to steer clear of liability. Here are some common situations where a lawyer is recommended, and can help with your case.
An eviction case usually takes a lot less time than other civil cases. There are very detailed rules that the landlord must follow in order to make this process smooth, as well as win the case. They must notify the tenant of the lawsuit and file the right papers and forms. It is common that the judge will set the bar high when ruling in the landlord's favor. The landlord must need a real reason to be evicting this tenant in order to win.
When it comes to an eviction case, the tenant's home is at stake. This is a very serious issue.
If you are looking to win the eviction, it might be best to call a lawyer if this is your first experience ever evicting a tenant, the tenant is fighting this eviction with a lawyer, the tenant is also an employee that you are firing, this tenant is filing for bankruptcy, or you need to comply with rent control. 

Do You Need To Estate Plan If You Are Young?

DoYouNeedToEstatePlanIfYouAreYoung.jpgMany young couples assume that they do not need to estate plan due to their young age, and because they have not created a family yet. Just because you do not have kids, does not mean that you should not plan to protect your assets, your business, and your medical decisions in the future. Estate planning is more than just having a will!
We know that you think that you don't need to plan just yet, but this blog post might change your mind!
So you think you have nothing to leave behind? Wrong! We recommend writing a will. Even if you don't have as many assets as you would like, the assets that you do have still matter. Writing a will is the ultimate way to leave your possessions behind to the people you love the most. A will allows you to divide your belongings to exactly who you want. If you don't have a will then you belongings will just go to your parents or siblings. This is important to consider if you are just in a committed relationship with someone, but don't believe or want to marry. 

What You Should Know About The DACA Program

WhatYouShouldKnowAboutTheDACAProgram.jpgThe DACA program also know as the Deferred Action for Childhood Arrivals is an American immigration policy founded by the Obama administration in June 2012. This allows certain undocumented immigrants who entered the country as minors, to receive a renewable 2 year period of deferred action from deportation. These individuals would also be eligible for a work permit. Due to President Barack Obama, over 750,000 undocumented immigrants have received temporary protection because of this program. Now that Donald Trump is the president, it has many people wondering whether it is safe or not for them to apply. Here is what you should know in regards to the DACA Program in 2017.
There have been many rumors that Donald Trump wants to end the DACA Program. According to The Atlantic, he has backed away from his campaign pledges to immediately terminate this program. Although he has said this, it does not mean that individuals are not as risk of deportation.
In February, as a way to show new immigration enforcement efforts, the Department of Homeland Security released memos increasing the number of undocumented immigrants that were prioritized for deportation. These were not regular law following individuals though. These were directed towards individuals who were convicted of crimes or were charged with a crime but not convicted.
According to President Trump, he has stated that the DACA recipients should "rest easy". He says according to his immigration policies and plans, he will "deal with DACA with heart."
This is very different from the statements that he had made at the start of his campaign. This is why DACA recipients should not feel that they have no reason to worry. Everyone who enters this country illegally is subject to deportation.  DACA recipients can actually get their status revoked. This could lead to possible deportation.
According to The Atlantic, " U.S. Citizen and Immigration Services requires members to apply for advance parole in order to travel outside of the country, and only allows them to do so if travel fits certain criteria, including humanitarian, educational, or employment purposes." If you do not get this advanced permission, then you are basically abandoning your DACA status. 

Understanding Contracts & Collections

UnderstandingContracts&Collections.jpgIf you are a business owner it is likely that you could potentially end up in small claims court at some time or another. Small claims courts are courts of limited monetary jurisdiction. It is used to resolve smaller disputes. The amount awarded in small claims court varies by state. In some states you could be awarded up to $2,000 while in other states you can be awarded as high as $25,000. Most states allow awards of around $3,00 to $5,000.
A common dispute that might end up in small claims court is a contract dispute. These appear frequently, as a company might have to pursue or defend a contract.
Contract disputes are divided into two categories. The first category are contract disputes with a participating plaintiff and a participating defendant. The second category are the simple collection matters.
In a collection action, there is a participating plaintiff, but the defendant is not participating. The defendant has no defense to the dispute. It is a simple way in which a plaintiff will advance an overdue bill. This is first discussed, and then contract disputes. 

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