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LEX
OMNI________________ LAW GROUP
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Lex Omni Law Group
Lex Omni Law Group is a group of
lawyers with extensive experience and wide practice spectrum with
the mission to offer
affordable legal services to INDIVIDUALS and SMALL BUSINESSES. Lex Omni translates from
Latin to Law for All but also could be loosely translated to All Law,
Businesses are assisted
from the formation stage to the exit stage, through legal support
not only in the areas of contracts, labor and employment, insurance
and taxation, real property, pensions and benefits, but also the
more complex matters of intellectual property, environmental law and
business torts.
In addition to small business legal services, Lex Omni Law Group
attorneys offers related non-business legal advice and
representation. Individual clients can
select from Estate Planning and Assets Protection services, as well
as financial consumer protection.
Centered around the needs of small businesses and their owners, Lex
Omni Law Group attorneys lend support at affordable prices through a
variety of services ranging from access to “off-the-shelf” document
drafting to opinion letters. Clients can choose between low hourly
rates or customized flat fee packages. Lex Omni Law Group affordable
legal services rates start from $150.00/hr which are well below the
national average legal fees as published by United States Attorney's
Office, District of Columbia, also known as Laffey Matrix. Lex Omni
Law Group offers significant discounts for small businesses,
disabled, veterans and senior citizens. Lex Omni Law Group practice
represents clients in commercial real estate deals and in commercial
litigation matters throughout the state of California, including San
Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino,
Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto,
Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara
and Santa Clara county. Lex Omni Business Law is also best choice
for out-of-state and international clients with business interests
in California.
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LEX OMNI LAW
GROUP |
900 Lafayette St, Ste 201, |
Santa Clara, CA 95050 |
LEX OMNI LAW
GROUP |
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LEX OMNI LAW GROUP
| Blog | Law
Practice Areas | Legal News |
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Lex Omni Law Group - What Does our Name Means
Our name is our charter. Lex Omni
translates from Latin as All Laws but it can easily be interpreted as
Law for All as well. Lex Omni Law Group does just that. First, we
recruit associate attorneys from all practice areas, hence all laws. Lex
Omni Law Group also strive to service everyone in need of legal
services, hence Law for All. And we mean everyone, irrespective of
financial means. Lex Omni Law Group attorneys fees are affordable, legal
services rates starting as low as $150.00/hr. Lex Omni Law Group
attorneys fees are the lowest when compared with average legal
fees as published by United States Attorney's Office, District of
Columbia, also known as Laffey Matrix. Lex Omni Law Group lawyers offer
low cost legal services and significant discounts for small
businesses, disabled, veterans and senior citizens. Pro Bono services
are available to everyone that lacks financial means and can not afford
the high costs of the litigation process. Elders, disabled, veterans and
senior citizens are prime beneficiary of our free legal advice and legal
services. No one that has been wronged or injured should give up his
right to justice. If you been wronged or injured in any way, contact Lex
Omni Law Group attorneys today. Lex Omni Law Group attorneys are always
on your side, ready to defend and fight for your rights.
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Pro Bono - Free Legal Services for
Disabled, Veterans and Senior Citizens
The term "pro bono," which is
short for pro bono publico, is a Latin term that means "for the public
good." Although the term is used in different contexts to mean "the
offering of free services," it has a very specific meaning to those in
the legal profession. Lex Omni Law Group lawyers provide legal services
without fee or expectation of fee to persons of limited means or
charitable, religious, civic, community, governmental and educational
organizations in matters that are designed primarily to address the
needs of persons of limited means.
Lex Omni Law Group attorneys provide any additional services through
delivery of legal services at no fee or substantially reduced fee to
individuals, groups or organizations seeking to secure or protect civil
rights, civil liberties or public rights, or charitable, religious,
civic, community, governmental and educational organizations in matters
in furtherance of their organizational purposes, where the payment of
standard legal fees would significantly deplete the organization's
economic resources or would be otherwise inappropriate.
Lex Omni Law Group attorneys deliver legal services at substantially
reduced fee to persons of limited means through their participation in
activities for improving the law, the legal system or the legal
profession.
In addition, our lawyers contribute financial support to organizations
that provide legal services to persons of limited means. Lex Omni Law
Group lawyers are dedicated to providing free legal services to elders,
disabled, veterans, senior citizens within Santa Clara County
community. Pro Bono or free legal services are available (but not
limited) for following areas of the law : Family Law, Immigration,
Small Claims, Real Estate, Civil, Estate Planning, Employment,
Bankruptcy, Debt Issues, Debtor's rights, Identity Theft.
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Lex Omni Law Group Practice Areas - List
of Legal Services
Cal today Lex Omni Law Group for
an immediate consultation with an Asbestos tort attorney, Asylum
attorney, Auto Accident attorney, Bankruptcy attorney, Business
attorney, Child Custody attorney, Child Support attorney, Civil Rights
attorney, Collaborative Divorce attorney, Commercial Real Estate
attorney, Consumer Protection attorney, Criminal Defense attorney, DUI
and DWI attorney, Debt Settlement attorney, Deportation attorney,
Disability attorney, Divorce attorney, Divorce Mediation attorney,
Employment attorney, Environment attorney, Estate Planning attorney,
Expungement attorney, Family attorney, Foreclosure attorney, Green Card
attorney, Immigration Law attorney, Intellectual Property attorney,
Landlord and Tenant attorney, Legal Malpractice attorney, Litigation
attorney, Long Term Disability attorney, Medical Malpractice attorney,
Military Divorce attorney, Nursing Home attorney, Overtime Pay attorney,
Patents attorney, Personal Injury attorney, Probate attorney, Product
Liability attorney, Real Estate attorney, SSDI attorney, Securities
attorney, Sex Crimes attorney, Harassment Social Security
Disability attorney, Tax attorney, Traffic Tickets attorney, Trucking
Accident US Citizenship attorney, US Visa attorney, Unemployment Workers
Compensation attorney, Wrongful Death attorney, Wrongful Termination
attorney
Lex Omni Law
Group lawyers are dedicated to providing free legal services to elders,
disabled, veterans, senior citizens within Santa Clara County
community. Pro Bono or free legal services are available (but not
limited) for following areas of the law : Family Law, Immigration,
Small Claims, Real Estate, Civil, Estate Planning, Employment,
Bankruptcy, Debt Issues, Debtor's rights, Identity Theft.
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Lex Omni Law Group Practice Areas Web
Sites
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Affordable Living Trust Lex Omni Law Office
Affordable Living Trust Lex Omni Estate and Trust
practice includes estate planning, probate and litigation. Following
are most common estate planning needs: advanced health care
directive, estate planning for wealth succession and care for minors
or dependants, asset preservation and tax-minimizing strategies,
special needs trust to ensure the care of individuals with special
needs, wills and trusts to avoid the expense and delay of probate,
real property tax planning, real estate deed and legal contract
preparation, probate law, handling of California probate process,
powers of attorney, trust administration, trust amendment, business
succession planning. Lex Omni attorneys are experienced trust and
probate litigation. Affordable Living Trust Lex Omni represents both beneficiaries and
fiduciaries, including high-net-worth individuals and their
families, corporate trustees, banks, trust companies, executors,
trustees, administrators and other fiduciaries, as well as
non-profit organizations.
Affordable Living Trust
Lex Omni lawyers assist in litigating trusts and probated disputes
involving claims for breach of fiduciary duty, claims for breach of
duty of loyalty, environmental claims, investment claims,
beneficiary disputes, contested heirship, pretermitted and adopted
heirs, charitable pledge disputes, disputed creditor claims,
judicial construction and modification of wills and trusts, will and
trust contests, will and trust validity, capacity, undue influence,
elder abuse, contested powers of attorney, contested accountings,
fraudulent transfers, partition actions, spousal right of election,
wrongful death recovery, family and estate management disputes,
conservatorships and guardianships. Affordable Living Trust Lex Omni Estate and Trust
affordable legal services rates start from $150.00/hr which are well
below the national average legal fees as published by United States
Attorney's Office, District of Columbia, also known as Laffey
Matrix. Affordable Living Trust Lex Omni Estate and Trust offers significant discounts for
small businesses, disabled, veterans and senior citizens. Affordable
Living Trust Lex Omni
Estate and Trust practice represents clients throughout the
state of California, including San Jose, Silicon Valley, San
Francisco, Bay Area, Campbell, Cupertino, Los Gatos, Sunnyvale,
Saratoga, Los Altos, Mountain View, Palo Alto, Redwood City,
Oakland, Fremont, Milpitas, Menlo Park, Santa Clara and Santa Clara
county. Affordable Living Trust Lex Omni Estate and Trust is also best choice for out-of-state
and international clients with personal or business interests in California. For more information follow Affordable Living Trust Lex Omni Law Office link.
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Attorney Bay Area - Lex Omni Law Office
As a transactional law practice, Lex Omni
Law Office
has the capability to support startups and small business operation from the
formation stage to the exit stage, offering legal support not only
in the areas of contracts, labor and employment, insurance and
taxation, real property, pensions and benefits, but also the more
complex matters of intellectual property, environmental law and
business torts.
Lex Omni Law Office has been founded with the stated mission of offering
quality legal support to small businesses. Owners of small
businesses take incredible risks and face extraordinary challenges
on a daily basis. Lex Omni law Office extends legal advice and guidance as the
cornerstone of informed decisions directly impacting business growth
on the long run. As part of its small business legal support, Lex
Omni services local Homeowners Associations and Real Estate Owners
with mediation and litigation support.
In addition to small business legal services, Lex Omni Law Office
Lawyers offer
related non-business legal advice. Individual clients can select
from Estate Planning and Assets Protection services, as well as
financial consumer protection.
Centered around the needs of small businesses and their owners, Lex
Omni Law Office attorney lends its support at affordable prices through a variety of
services ranging from access to “off-the-shelf” document drafting to
opinion letters. Clients can choose between low hourly rates or
customized flat fee packages. Lex Omni Law Office affordable legal
services rates start from $150.00/hr which are well below the
national average legal fees as published by United States Attorney's
Office, District of Columbia, also known as Laffey Matrix. Lex Omni
Law Office offers significant discounts for small businesses,
disabled, veterans and senior citizens. Lex Omni Law Office practice
represents clients in commercial real estate deals and in commercial
litigation matters throughout the state of California, including San
Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino,
Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto,
Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara
and Santa Clara county. Lex Omni Business Law is also best choice
for out-of-state and international clients with business interests
in California. For more information follow Attorney Bay Area Lex Omni Law Office link.
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Attorney San Jose - Lex Omni Law Office
As a transactional law practice, Lex Omni
Law Office
has the capability to support startups and small business operation from the
formation stage to the exit stage, offering legal support not only
in the areas of contracts, labor and employment, insurance and
taxation, real property, pensions and benefits, but also the more
complex matters of intellectual property, environmental law and
business torts.
Lex Omni Law Office has been founded with the stated mission of offering
quality legal support to small businesses. Owners of small
businesses take incredible risks and face extraordinary challenges
on a daily basis. Lex Omni law Office extends legal advice and guidance as the
cornerstone of informed decisions directly impacting business growth
on the long run. As part of its small business legal support, Lex
Omni services local Homeowners Associations and Real Estate Owners
with mediation and litigation support.
In addition to small business legal services, Lex Omni Law Office
Lawyers offer
related non-business legal advice. Individual clients can select
from Estate Planning and Assets Protection services, as well as
financial consumer protection.
Centered around the needs of small businesses and their owners, Lex
Omni Law Office attorney lends its support at affordable prices through a variety of
services ranging from access to “off-the-shelf” document drafting to
opinion letters. Clients can choose between low hourly rates or
customized flat fee packages. Lex Omni Law Office affordable legal
services rates start from $150.00/hr which are well below the
national average legal fees as published by United States Attorney's
Office, District of Columbia, also known as Laffey Matrix. Lex Omni
Law Office offers significant discounts for small businesses,
disabled, veterans and senior citizens. Lex Omni Law Office practice
represents clients in commercial real estate deals and in commercial
litigation matters throughout the state of California, including San
Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino,
Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto,
Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara
and Santa Clara county. Lex Omni Business Law is also best choice
for out-of-state and international clients with business interests
in California.
For more information follow Attorney San Jose Lex Omni Law Office link.
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Attorney Santa Clara County - Lex Omni Law Office
As a transactional law practice, Lex Omni
Law Office
has the capability to support startups and small business operation from the
formation stage to the exit stage, offering legal support not only
in the areas of contracts, labor and employment, insurance and
taxation, real property, pensions and benefits, but also the more
complex matters of intellectual property, environmental law and
business torts.
Lex Omni Law Office has been founded with the stated mission of offering
quality legal support to small businesses. Owners of small
businesses take incredible risks and face extraordinary challenges
on a daily basis. Lex Omni law Office extends legal advice and guidance as the
cornerstone of informed decisions directly impacting business growth
on the long run. As part of its small business legal support, Lex
Omni services local Homeowners Associations and Real Estate Owners
with mediation and litigation support.
In addition to small business legal services, Lex Omni Law Office
Lawyers offer
related non-business legal advice. Individual clients can select
from Estate Planning and Assets Protection services, as well as
financial consumer protection.
Centered around the needs of small businesses and their owners, Lex
Omni Law Office attorney lends its support at affordable prices through a variety of
services ranging from access to “off-the-shelf” document drafting to
opinion letters. Clients can choose between low hourly rates or
customized flat fee packages. Lex Omni Law Office affordable legal
services rates start from $150.00/hr which are well below the
national average legal fees as published by United States Attorney's
Office, District of Columbia, also known as Laffey Matrix. Lex Omni
Law Office offers significant discounts for small businesses,
disabled, veterans and senior citizens. Lex Omni Law Office practice
represents clients in commercial real estate deals and in commercial
litigation matters throughout the state of California, including San
Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino,
Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto,
Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara
and Santa Clara county. Lex Omni Business Law is also best choice
for out-of-state and international clients with business interests
in California.
For more information follow Attorney Santa Clara
County Lex Omni Law Office link.
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Bay Area Attorney - Lex Omni Law Office
As a transactional law practice, Lex Omni
Law Office
has the capability to support startups and small business operation from the
formation stage to the exit stage, offering legal support not only
in the areas of contracts, labor and employment, insurance and
taxation, real property, pensions and benefits, but also the more
complex matters of intellectual property, environmental law and
business torts.
Lex Omni Law Office has been founded with the stated mission of offering
quality legal support to small businesses. Owners of small
businesses take incredible risks and face extraordinary challenges
on a daily basis. Lex Omni law Office extends legal advice and guidance as the
cornerstone of informed decisions directly impacting business growth
on the long run. As part of its small business legal support, Lex
Omni services local Homeowners Associations and Real Estate Owners
with mediation and litigation support.
In addition to small business legal services, Lex Omni Law Office
Lawyers offer
related non-business legal advice. Individual clients can select
from Estate Planning and Assets Protection services, as well as
financial consumer protection.
Centered around the needs of small businesses and their owners, Lex
Omni Law Office attorney lends its support at affordable prices through a variety of
services ranging from access to “off-the-shelf” document drafting to
opinion letters. Clients can choose between low hourly rates or
customized flat fee packages. Lex Omni Law Office affordable legal
services rates start from $150.00/hr which are well below the
national average legal fees as published by United States Attorney's
Office, District of Columbia, also known as Laffey Matrix. Lex Omni
Law Office offers significant discounts for small businesses,
disabled, veterans and senior citizens. Lex Omni Law Office practice
represents clients in commercial real estate deals and in commercial
litigation matters throughout the state of California, including San
Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino,
Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto,
Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara
and Santa Clara county. Lex Omni Business Law is also best choice
for out-of-state and international clients with business interests
in California.
For more information follow
Bay Area Attorney Lex Omni Law Office link.
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Bay Area Lawyers - Lex Omni Law Office
As a transactional law practice, Lex Omni
Law Office
has the capability to support startups and small business operation from the
formation stage to the exit stage, offering legal support not only
in the areas of contracts, labor and employment, insurance and
taxation, real property, pensions and benefits, but also the more
complex matters of intellectual property, environmental law and
business torts.
Lex Omni Law Office has been founded with the stated mission of offering
quality legal support to small businesses. Owners of small
businesses take incredible risks and face extraordinary challenges
on a daily basis. Lex Omni law Office extends legal advice and guidance as the
cornerstone of informed decisions directly impacting business growth
on the long run. As part of its small business legal support, Lex
Omni services local Homeowners Associations and Real Estate Owners
with mediation and litigation support.
In addition to small business legal services, Lex Omni Law Office
Lawyers offer
related non-business legal advice. Individual clients can select
from Estate Planning and Assets Protection services, as well as
financial consumer protection.
Centered around the needs of small businesses and their owners, Lex
Omni Law Office attorney lends its support at affordable prices through a variety of
services ranging from access to “off-the-shelf” document drafting to
opinion letters. Clients can choose between low hourly rates or
customized flat fee packages. Lex Omni Law Office affordable legal
services rates start from $150.00/hr which are well below the
national average legal fees as published by United States Attorney's
Office, District of Columbia, also known as Laffey Matrix. Lex Omni
Law Office offers significant discounts for small businesses,
disabled, veterans and senior citizens. Lex Omni Law Office practice
represents clients in commercial real estate deals and in commercial
litigation matters throughout the state of California, including San
Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino,
Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto,
Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara
and Santa Clara county. Lex Omni Business Law is also best choice
for out-of-state and international clients with business interests
in California.
For more information follow
Bay Area Lawyers Lex Omni Law Office link.
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Lawyer Bay Area - Lex Omni Law Office
As a transactional law practice, Lex Omni
Law Office
has the capability to support startups and small business operation from the
formation stage to the exit stage, offering legal support not only
in the areas of contracts, labor and employment, insurance and
taxation, real property, pensions and benefits, but also the more
complex matters of intellectual property, environmental law and
business torts.
Lex Omni Law Office has been founded with the stated mission of offering
quality legal support to small businesses. Owners of small
businesses take incredible risks and face extraordinary challenges
on a daily basis. Lex Omni law Office extends legal advice and guidance as the
cornerstone of informed decisions directly impacting business growth
on the long run. As part of its small business legal support, Lex
Omni services local Homeowners Associations and Real Estate Owners
with mediation and litigation support.
In addition to small business legal services, Lex Omni Law Office
Lawyers offer
related non-business legal advice. Individual clients can select
from Estate Planning and Assets Protection services, as well as
financial consumer protection.
Centered around the needs of small businesses and their owners, Lex
Omni Law Office attorney lends its support at affordable prices through a variety of
services ranging from access to “off-the-shelf” document drafting to
opinion letters. Clients can choose between low hourly rates or
customized flat fee packages. Lex Omni Law Office affordable legal
services rates start from $150.00/hr which are well below the
national average legal fees as published by United States Attorney's
Office, District of Columbia, also known as Laffey Matrix. Lex Omni
Law Office offers significant discounts for small businesses,
disabled, veterans and senior citizens. Lex Omni Law Office practice
represents clients in commercial real estate deals and in commercial
litigation matters throughout the state of California, including San
Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino,
Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto,
Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara
and Santa Clara county. Lex Omni Business Law is also best choice
for out-of-state and international clients with business interests
in California.
For more information follow
Lawyer Bay Area Lex Omni Law Office link.
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Lawyer San Jose - Lex Omni Law Office
As a transactional law practice, Lex Omni
Law Office
has the capability to support startups and small business operation from the
formation stage to the exit stage, offering legal support not only
in the areas of contracts, labor and employment, insurance and
taxation, real property, pensions and benefits, but also the more
complex matters of intellectual property, environmental law and
business torts.
Lex Omni Law Office has been founded with the stated mission of offering
quality legal support to small businesses. Owners of small
businesses take incredible risks and face extraordinary challenges
on a daily basis. Lex Omni law Office extends legal advice and guidance as the
cornerstone of informed decisions directly impacting business growth
on the long run. As part of its small business legal support, Lex
Omni services local Homeowners Associations and Real Estate Owners
with mediation and litigation support.
In addition to small business legal services, Lex Omni Law Office
Lawyers offer
related non-business legal advice. Individual clients can select
from Estate Planning and Assets Protection services, as well as
financial consumer protection.
Centered around the needs of small businesses and their owners, Lex
Omni Law Office attorney lends its support at affordable prices through a variety of
services ranging from access to “off-the-shelf” document drafting to
opinion letters. Clients can choose between low hourly rates or
customized flat fee packages. Lex Omni Law Office affordable legal
services rates start from $150.00/hr which are well below the
national average legal fees as published by United States Attorney's
Office, District of Columbia, also known as Laffey Matrix. Lex Omni
Law Office offers significant discounts for small businesses,
disabled, veterans and senior citizens. Lex Omni Law Office practice
represents clients in commercial real estate deals and in commercial
litigation matters throughout the state of California, including San
Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino,
Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto,
Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara
and Santa Clara county. Lex Omni Business Law is also best choice
for out-of-state and international clients with business interests
in California.
For more information follow
Lawyer San Jose Lex Omni Law Office link.
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Lawyer Santa Clara County - Lex Omni Law Office
As a transactional law practice, Lex Omni
Law Office
has the capability to support startups and small business operation from the
formation stage to the exit stage, offering legal support not only
in the areas of contracts, labor and employment, insurance and
taxation, real property, pensions and benefits, but also the more
complex matters of intellectual property, environmental law and
business torts.
Lex Omni Law Office has been founded with the stated mission of offering
quality legal support to small businesses. Owners of small
businesses take incredible risks and face extraordinary challenges
on a daily basis. Lex Omni law Office extends legal advice and guidance as the
cornerstone of informed decisions directly impacting business growth
on the long run. As part of its small business legal support, Lex
Omni services local Homeowners Associations and Real Estate Owners
with mediation and litigation support.
In addition to small business legal services, Lex Omni Law Office
Lawyers offer
related non-business legal advice. Individual clients can select
from Estate Planning and Assets Protection services, as well as
financial consumer protection.
Centered around the needs of small businesses and their owners, Lex
Omni Law Office attorney lends its support at affordable prices through a variety of
services ranging from access to “off-the-shelf” document drafting to
opinion letters. Clients can choose between low hourly rates or
customized flat fee packages. Lex Omni Law Office affordable legal
services rates start from $150.00/hr which are well below the
national average legal fees as published by United States Attorney's
Office, District of Columbia, also known as Laffey Matrix. Lex Omni
Law Office offers significant discounts for small businesses,
disabled, veterans and senior citizens. Lex Omni Law Office practice
represents clients in commercial real estate deals and in commercial
litigation matters throughout the state of California, including San
Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino,
Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto,
Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara
and Santa Clara county. Lex Omni Business Law is also best choice
for out-of-state and international clients with business interests
in California.
For more information follow
Lawyer Santa Clara County Lex Omni Law Office link.
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Lex Omni Law Office
As a transactional law practice, Lex Omni
Law Office
has the capability to support startups and small business operation from the
formation stage to the exit stage, offering legal support not only
in the areas of contracts, labor and employment, insurance and
taxation, real property, pensions and benefits, but also the more
complex matters of intellectual property, environmental law and
business torts.
Lex Omni Law Office has been founded with the stated mission of offering
quality legal support to small businesses. Owners of small
businesses take incredible risks and face extraordinary challenges
on a daily basis. Lex Omni law Office extends legal advice and guidance as the
cornerstone of informed decisions directly impacting business growth
on the long run. As part of its small business legal support, Lex
Omni services local Homeowners Associations and Real Estate Owners
with mediation and litigation support.
In addition to small business legal services, Lex Omni Law Office
Lawyers offer
related non-business legal advice. Individual clients can select
from Estate Planning and Assets Protection services, as well as
financial consumer protection.
Centered around the needs of small businesses and their owners, Lex
Omni Law Office attorney lends its support at affordable prices through a variety of
services ranging from access to “off-the-shelf” document drafting to
opinion letters. Clients can choose between low hourly rates or
customized flat fee packages. Lex Omni Law Office affordable legal
services rates start from $150.00/hr which are well below the
national average legal fees as published by United States Attorney's
Office, District of Columbia, also known as Laffey Matrix. Lex Omni
Law Office offers significant discounts for small businesses,
disabled, veterans and senior citizens. Lex Omni Law Office practice
represents clients in commercial real estate deals and in commercial
litigation matters throughout the state of California, including San
Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino,
Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto,
Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara
and Santa Clara county. Lex Omni Business Law is also best choice
for out-of-state and international clients with business interests
in California.
For more information follow Lex Omni Law Office link.
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Lex Omni Business Law
Lex Omni Business Law legal
services include forming business entities, C-corporations,
S-Corporations, LLCs and partnerships, purchasing or selling a
business, mergers and acquisitions, negotiations with investors,
awarding key employees with a minority equity stakes, contracts,
agreements and standard sales terms, independent contractor issues,
commercial leases, business and civil litigation including lawsuits
and arbitration.
Lex Omni Business Law was founded by attorney with hands on real day
to day business and tax law experience, with the purpose of serving
small and cost-conscious large businesses in Silicon Valley from the
early-stage startup companies to dissolution. Lex Omni Business Law
caters to startups and small business owners providing them with
affordable legal services from formation of corporation or LLC to
drafting contractual arrangements made between company founders or
plan company's capitalization whether through capital contributions
or loans made by founders. Lex Omni Business Law legal services
include reviewing lease contracts, employment agreements,
distribution
contracts and everything in between including the update of
corporate minutes. Lex Omni Business Law affordable legal services
rates start from $150.00/hr which are well below the national
average legal fees as published by United States Attorney's Office,
District of Columbia, also known as Laffey Matrix. Lex Omni Business
Law offers significant discounts for small businesses, disabled,
veterans and senior citizens. Lex Omni Business Law practice
represents clients in commercial real estate deals and in commercial
litigation matters throughout the state of California, including San
Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino,
Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto,
Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara
and Santa Clara county. Lex Omni Business Law is also best choice
for out-of-state and international clients with business interests
in California.For more information follow Lex Omni Business Law link.
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Lex Omni Contract Law
Lex Omni Contract Law attorneys
represent clients in civil matters including breach of contract and
business disputes, collections, commercial law, unpaid loans, unpaid
accounts receivable for services rendered or goods sold, and
enforcement of judgments.
Lex Omni Contract Law litigation practice consists of representing
clients in a wide array of business litigation including but not
limited to business disputes, complex commercial real estate
disputes, contract disputes and valuation litigation. Lex Omni
Contract Law attorneys are involved in all aspects of the litigation
process, from advising clients on pre-lawsuit issues to drafting
pleadings, handling discovery, law and motion matters, settlement
negotiations, and trial. Lex Omni Contract Law attorneys will
represented clients in both state and federal courts in various
administrative proceedings including adversary proceedings in
bankruptcy.
Lex Omni Contract Law attorneys also assists clients in various
transactional matters, such as business formations, dissolution,
mergers, acquisitions, funding, contracts, corporate governance, and
general legal compliances well as real estate acquisition, complex
leases, and purchase and sale of commercial real estate.
Lex Omni Contract Law affordable legal services rates start from
$150.00/hr which are well below the national average legal fees as
published by United States Attorney's Office, District of Columbia,
also known as Laffey Matrix. Lex Omni Law Office offers significant
discounts for small businesses, disabled, veterans and senior
citizens. Lex Omni Contract Law practice represents clients in
commercial real estate deals and in commercial litigation matters
throughout the state of California, including San Jose, Silicon
Valley, San Francisco, Bay Area, Campbell, Cupertino, Los Gatos,
Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto, Redwood
City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara and Santa
Clara county. Lex Omni Business Law is also best choice for
out-of-state and international clients with business interests in
California. For more information follow
Lex Omni Contract Law link.
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Lex Omni Estate and Trust Law
Lex Omni Estate and Trust
practice includes estate planning, probate and litigation. Following
are most common estate planning needs: advanced health care
directive, estate planning for wealth succession and care for minors
or dependants, asset preservation and tax-minimizing strategies,
special needs trust to ensure the care of individuals with special
needs, wills and trusts to avoid the expense and delay of probate,
real property tax planning, real estate deed and legal contract
preparation, probate law, handling of California probate process,
powers of attorney, trust administration, trust amendment, business
succession planning. Lex Omni attorneys are experienced trust and
probate litigation. Lex Omni represents both beneficiaries and
fiduciaries, including high-net-worth individuals and their
families, corporate trustees, banks, trust companies, executors,
trustees, administrators and other fiduciaries, as well as
non-profit organizations.
Lex Omni lawyers assist in litigating trusts and probated disputes
involving claims for breach of fiduciary duty, claims for breach of
duty of loyalty, environmental claims, investment claims,
beneficiary disputes, contested heirship, pretermitted and adopted
heirs, charitable pledge disputes, disputed creditor claims,
judicial construction and modification of wills and trusts, will and
trust contests, will and trust validity, capacity, undue influence,
elder abuse, contested powers of attorney, contested accountings,
fraudulent transfers, partition actions, spousal right of election,
wrongful death recovery, family and estate management disputes,
conservatorships and guardianships. Lex Omni Estate and Trust
affordable legal services rates start from $150.00/hr which are well
below the national average legal fees as published by United States
Attorney's Office, District of Columbia, also known as Laffey
Matrix. Lex Omni Estate and Trust offers significant discounts for
small businesses, disabled, veterans and senior citizens. Lex Omni
Estate and Trust practice represents clients in commercial real
estate deals and in commercial litigation matters throughout the
state of California, including San Jose, Silicon Valley, San
Francisco, Bay Area, Campbell, Cupertino, Los Gatos, Sunnyvale,
Saratoga, Los Altos, Mountain View, Palo Alto, Redwood City,
Oakland, Fremont, Milpitas, Menlo Park, Santa Clara and Santa Clara
county. Lex Omni Business Law is also best choice for out-of-state
and international clients with business interests in California.For more information follow
Lex Omni Estate & Trust Law link.
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Lex Omni Tax Law
As a transactional law practice, Lex Omni
has the capability to support any small business operation from the
formation stage to the exit stage, offering legal support not only
in the areas of contracts, labor and employment, insurance and
taxation, real property, pensions and benefits, but also the more
complex matters of intellectual property, environmental law and
business torts.
As part of its small business legal support, Lex Omni services local
Homeowners Associations and owners, by rendering help in
For more information follow Lex Omni Tax Law link.
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Lex Omni Bankruptcy Law
Lex Omni Bankruptcy Law attorney
is representing individuals and businesses in Chapter 7, Chapter 11
and Chapter 13. The decision regarding which type of bankruptcy
chapter is most appropriate for a particular case or client needs to
be carefully discussed with Lex Omni attorney in privacy of our
office. Many times our client situation has become critical and
filing is an emergency in order to stop law suits, collection
procedures, avoid real estate foreclosures, car repossessions, wage
garnishments. Lex Omni Bankruptcy attorney will file with the
Bankruptcy Court as necessary, Chapter 7, Chapter 11 and Chapter 13
to prevent client's loss of home, car, personal property, business
property and stop creditors harassment. It is very important to
consult with a Lex Omni Bankruptcy attorney and not go "pro se" i.e.
advocating on one's own behalf before a court, rather than being
represented by a lawyer, because the bankruptcy proceedings are
quite complicated and any mistake can be very costly, from loosing
property to sanctions by the court .Lex Omni Bankruptcy Law
affordable legal services rates start from $150.00/hr which are well
below the national average legal fees as published by United States
Attorney's Office, District of Columbia, also known as Laffey
Matrix. Lex Omni Bankruptcy Law Office offers significant discounts
for small businesses, disabled, veterans and senior citizens. Lex
Omni Bankruptcy Law practice represents individuals, small
businesses, throughout the state of California, including San Jose,
Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino, Los
Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto,
Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara
and Santa Clara county. Lex Omni Busine Law is also best choice for
out-of-state and international clients with business interests in
California.
For more information follow Lex Omni Bankruptcy Law link.
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Lex Omni Real Estate Law
Lex Omni Real Estate Group
attorney provides experienced representation and legal advice for a
wide real estate matters. Real Estate Laws govern a wide range of
transactions with potential for litigation: Commercial Real Estate,
Real Estate Dispute, Real Estate Lease, Rental properties, Real
Estate Litigation, Real Estate Transaction, Real estate taxes,
Property taxes, Residential Real Estate, Escrow Funds, Boundary
Disputes, Beneficial Ownership Claims, Investment property, 1031
property exchange, real estate building construction, city permits,
zoning, contractors. Lex Omni Real Estate Law Group affordable legal
services rates start from $150.00/hr which are well below the
national average legal fees as published by United States Attorney's
Office, District of Columbia, also known as Laffey Matrix. Lex Omni
Real Estate Law Group offers significant discounts for small
businesses, disabled, veterans and senior citizens. Lex Omni Real
Estate Law Group practice represents clients in commercial real
estate deals and in commercial litigation matters throughout the
state of California, including San Jose, Silicon Valley, San
Francisco, Bay Area, Campbell, Cupertino, Los Gatos, Sunnyvale,
Saratoga, Los Altos, Mountain View, Palo Alto, Redwood City,
Oakland, Fremont, Milpitas, Menlo Park, Santa Clara and Santa Clara
county. Lex Omni Business Law is also best choice for out-of-state
and international clients with business interests in California.
For more information follow Lex Omni Real Estate Law link.
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Lex Omni Law
As a transactional law practice, Lex Omni
Law
has the capability to support any small business operation from the
formation stage to the exit stage, offering legal support not only
in the areas of contracts, labor and employment, insurance and
taxation, real property, pensions and benefits, but also the more
complex matters of intellectual property, environmental law and
business torts.
Lex Omni Law has been founded with the stated mission of offering
quality legal support to small businesses. Owners of small
businesses take incredible risks and face extraordinary challenges
on a daily basis. Lex Omni Law extends legal advice and guidance as the
cornerstone of informed decisions directly impacting business growth
on the long run. As part of its small business legal support, Lex
Omni Law services local Homeowners Associations and Real Estate Owners
with mediation and litigation support.
In addition to small business legal services, Lex Omni Law offers
related non-business legal advice. Individual clients can select
from Estate Planning and Assets Protection services, as well as
financial consumer protection.
Centered around the needs of small businesses and their owners, Lex
Omni Law lends its support at affordable prices through a variety of
services ranging from access to “off-the-shelf” document drafting to
opinion letters. Clients can choose between low hourly rates or
customized flat fee packages. Lex Omni Law affordable legal
services rates start from $150.00/hr which are well below the
national average legal fees as published by United States Attorney's
Office, District of Columbia, also known as Laffey Matrix. Lex Omni
Law offers significant discounts for small businesses,
disabled, veterans and senior citizens. Lex Omni Law practice
represents clients in commercial real estate deals and in commercial
litigation matters throughout the state of California, including San
Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino,
Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto,
Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara
and Santa Clara county. Lex Omni Business Law is also best choice
for out-of-state and international clients with business interests
in California. For more information follow Lex Omni Law link.
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Affordable Trust
Probate Lex Omni Law Office
Affordable Trust Probate Lex Omni Estate and Trust
practice includes estate planning, probate and litigation. Following
are most common estate planning needs: advanced health care
directive, estate planning for wealth succession and care for minors
or dependants, asset preservation and tax-minimizing strategies,
special needs trust to ensure the care of individuals with special
needs, wills and trusts to avoid the expense and delay of probate,
real property tax planning, real estate deed and legal contract
preparation, probate law, handling of California probate process,
powers of attorney, trust administration, trust amendment, business
succession planning. Lex Omni attorneys are experienced trust and
probate litigation. Affordable Trust Probate Lex Omni represents both beneficiaries and
fiduciaries, including high-net-worth individuals and their
families, corporate trustees, banks, trust companies, executors,
trustees, administrators and other fiduciaries, as well as
non-profit organizations.
Affordable Trust
Probate Lex Omni lawyers assist in litigating trusts and probated disputes
involving claims for breach of fiduciary duty, claims for breach of
duty of loyalty, environmental claims, investment claims,
beneficiary disputes, contested heirship, pretermitted and adopted
heirs, charitable pledge disputes, disputed creditor claims,
judicial construction and modification of wills and trusts, will and
trust contests, will and trust validity, capacity, undue influence,
elder abuse, contested powers of attorney, contested accountings,
fraudulent transfers, partition actions, spousal right of election,
wrongful death recovery, family and estate management disputes,
conservatorships and guardianships. Affordable Trust Probate Lex
Omni Estate and Trust affordable legal services rates start from
$150.00/hr which are well below the national average legal fees as
published by United States Attorney's Office, District of Columbia, also
known as Laffey Matrix. Affordable Trust Probate Lex Omni Estate and Trust offers significant discounts for
small businesses, disabled, veterans and senior citizens. Affordable
Trust Probate Lex Omni
Estate and Trust practice represents clients throughout the
state of California, including San Jose, Silicon Valley, San
Francisco, Bay Area, Campbell, Cupertino, Los Gatos, Sunnyvale,
Saratoga, Los Altos, Mountain View, Palo Alto, Redwood City,
Oakland, Fremont, Milpitas, Menlo Park, Santa Clara and Santa Clara
county. Affordable Trust Probate Lex Omni Estate and Trust is also best choice for out-of-state
and international clients with personal or business interests in California. For more information follow Affordable Trust Probate Lex Omni Law Office link.
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San Jose Attorneys - Lex Omni Law Office
As a transactional law practice, Lex Omni
Law Office
has the capability to support startups and small business operation from the
formation stage to the exit stage, offering legal support not only
in the areas of contracts, labor and employment, insurance and
taxation, real property, pensions and benefits, but also the more
complex matters of intellectual property, environmental law and
business torts.
Lex Omni Law Office has been founded with the stated mission of offering
quality legal support to small businesses. Owners of small
businesses take incredible risks and face extraordinary challenges
on a daily basis. Lex Omni law Office extends legal advice and guidance as the
cornerstone of informed decisions directly impacting business growth
on the long run. As part of its small business legal support, Lex
Omni services local Homeowners Associations and Real Estate Owners
with mediation and litigation support.
In addition to small business legal services, Lex Omni Law Office
Lawyers offer
related non-business legal advice. Individual clients can select
from Estate Planning and Assets Protection services, as well as
financial consumer protection.
Centered around the needs of small businesses and their owners, Lex
Omni Law Office attorney lends its support at affordable prices through a variety of
services ranging from access to “off-the-shelf” document drafting to
opinion letters. Clients can choose between low hourly rates or
customized flat fee packages. Lex Omni Law Office affordable legal
services rates start from $150.00/hr which are well below the
national average legal fees as published by United States Attorney's
Office, District of Columbia, also known as Laffey Matrix. Lex Omni
Law Office offers significant discounts for small businesses,
disabled, veterans and senior citizens. Lex Omni Law Office practice
represents clients in commercial real estate deals and in commercial
litigation matters throughout the state of California, including San
Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino,
Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto,
Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara
and Santa Clara county. Lex Omni Business Law is also best choice
for out-of-state and international clients with business interests
in California.
For more information follow
San Jose Attorneys - Lex Omni Law Office link.
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San Jose Lawyer - Lex Omni Law Office
As a transactional law practice, Lex Omni
Law Office
has the capability to support startups and small business operation from the
formation stage to the exit stage, offering legal support not only
in the areas of contracts, labor and employment, insurance and
taxation, real property, pensions and benefits, but also the more
complex matters of intellectual property, environmental law and
business torts.
Lex Omni Law Office has been founded with the stated mission of offering
quality legal support to small businesses. Owners of small
businesses take incredible risks and face extraordinary challenges
on a daily basis. Lex Omni law Office extends legal advice and guidance as the
cornerstone of informed decisions directly impacting business growth
on the long run. As part of its small business legal support, Lex
Omni services local Homeowners Associations and Real Estate Owners
with mediation and litigation support.
In addition to small business legal services, Lex Omni Law Office
Lawyers offer
related non-business legal advice. Individual clients can select
from Estate Planning and Assets Protection services, as well as
financial consumer protection.
Centered around the needs of small businesses and their owners, Lex
Omni Law Office attorney lends its support at affordable prices through a variety of
services ranging from access to “off-the-shelf” document drafting to
opinion letters. Clients can choose between low hourly rates or
customized flat fee packages. Lex Omni Law Office affordable legal
services rates start from $150.00/hr which are well below the
national average legal fees as published by United States Attorney's
Office, District of Columbia, also known as Laffey Matrix. Lex Omni
Law Office offers significant discounts for small businesses,
disabled, veterans and senior citizens. Lex Omni Law Office practice
represents clients in commercial real estate deals and in commercial
litigation matters throughout the state of California, including San
Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino,
Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto,
Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara
and Santa Clara county. Lex Omni Business Law is also best choice
for out-of-state and international clients with business interests
in California.
For more information follow
San Jose Lawyer
- Lex Omni Law Office link.
|
Santa Clara Attorney - Lex Omni Law Office
As a transactional law practice, Lex Omni
Law Office
has the capability to support startups and small business operation from the
formation stage to the exit stage, offering legal support not only
in the areas of contracts, labor and employment, insurance and
taxation, real property, pensions and benefits, but also the more
complex matters of intellectual property, environmental law and
business torts.
Lex Omni Law Office has been founded with the stated mission of offering
quality legal support to small businesses. Owners of small
businesses take incredible risks and face extraordinary challenges
on a daily basis. Lex Omni law Office extends legal advice and guidance as the
cornerstone of informed decisions directly impacting business growth
on the long run. As part of its small business legal support, Lex
Omni services local Homeowners Associations and Real Estate Owners
with mediation and litigation support.
In addition to small business legal services, Lex Omni Law Office
Lawyers offer
related non-business legal advice. Individual clients can select
from Estate Planning and Assets Protection services, as well as
financial consumer protection.
Centered around the needs of small businesses and their owners, Lex
Omni Law Office attorney lends its support at affordable prices through a variety of
services ranging from access to “off-the-shelf” document drafting to
opinion letters. Clients can choose between low hourly rates or
customized flat fee packages. Lex Omni Law Office affordable legal
services rates start from $150.00/hr which are well below the
national average legal fees as published by United States Attorney's
Office, District of Columbia, also known as Laffey Matrix. Lex Omni
Law Office offers significant discounts for small businesses,
disabled, veterans and senior citizens. Lex Omni Law Office practice
represents clients in commercial real estate deals and in commercial
litigation matters throughout the state of California, including San
Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino,
Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto,
Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara
and Santa Clara county. Lex Omni Business Law is also best choice
for out-of-state and international clients with business interests
in California.
For more information follow
Santa Clara Attorney - Lex Omni Law Office link.
|
Santa Clara Lawyer - Lex Omni Law Office
As a transactional law practice, Lex Omni
Law Office
has the capability to support startups and small business operation from the
formation stage to the exit stage, offering legal support not only
in the areas of contracts, labor and employment, insurance and
taxation, real property, pensions and benefits, but also the more
complex matters of intellectual property, environmental law and
business torts.
Lex Omni Law Office has been founded with the stated mission of offering
quality legal support to small businesses. Owners of small
businesses take incredible risks and face extraordinary challenges
on a daily basis. Lex Omni law Office extends legal advice and guidance as the
cornerstone of informed decisions directly impacting business growth
on the long run. As part of its small business legal support, Lex
Omni services local Homeowners Associations and Real Estate Owners
with mediation and litigation support.
In addition to small business legal services, Lex Omni Law Office
Lawyers offer
related non-business legal advice. Individual clients can select
from Estate Planning and Assets Protection services, as well as
financial consumer protection.
Centered around the needs of small businesses and their owners, Lex
Omni Law Office attorney lends its support at affordable prices through a variety of
services ranging from access to “off-the-shelf” document drafting to
opinion letters. Clients can choose between low hourly rates or
customized flat fee packages. Lex Omni Law Office affordable legal
services rates start from $150.00/hr which are well below the
national average legal fees as published by United States Attorney's
Office, District of Columbia, also known as Laffey Matrix. Lex Omni
Law Office offers significant discounts for small businesses,
disabled, veterans and senior citizens. Lex Omni Law Office practice
represents clients in commercial real estate deals and in commercial
litigation matters throughout the state of California, including San
Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino,
Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto,
Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara
and Santa Clara county. Lex Omni Business Law is also best choice
for out-of-state and international clients with business interests
in California.
For more information follow
Santa Clara Lawyer - Lex Omni Law Office link.
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Lex Omni Law Group Practice Areas Definition of Terms Used
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Arbitration for Business
Arbitration is an out-of-court
procedure for resolving disputes in which a retired judge -- the
arbitrator -- hear evidence and makes a decision. Arbitration is
similar to a trial, but typically proceeds much more quickly, with
less formality and is less expensive. Arbitration can be binding or
not.
Lex Omni Law Group lawyers routinely use arbitration, mediation and other
forms of alternative dispute resolution (ADR) and seek to optimize
case outcomes while managing the costs, time and avoid stress of a lawsuit. For more information follow Arbitration for Business link.
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Animal Injuries
25 CFR 11.446 - Cruelty to
animals. A person commits a misdemeanor if he or she purposely or
recklessly subjects any animal in his or her custody to cruel
neglect or subjects any animal to cruel mistreatment or kills or
injures any animal belonging to another without legal privilege or
consent of the owner or causes one animal to fight with another. When
your companion animal has been injured or killed the incidents of
animal abuse you may file criminal charges, which can result in jail
time for perpetrator. Criminal charges are brought on behalf of the
state (or city) by the local prosecutor.
You may also file a civil lawsuit, for the purposes of gaining
monetary compensation. Tis type of lawsuits are brought by the
citizen victim(s), who is often, but not necessarily, represented by
a private attorney. If someone has injured or killed your animal
companion, you may be entitled to damages–regardless of whether the
animal was injured or killed on purpose or accidentally–so long as
the conduct was at least negligent. When an animal is injured or
killed, you are generally entitled to compensation for the “market
value” of the animal, veterinary bills and possibly punitive
damages, mental anguish, and loss of companionship. What
compensation is available depends entirely on the facts and
circumstances of each case, and differs significantly from state to
state. For more information follow Animal Injuries link.
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Asset Protection
Asset protection trusts is a
vehicle for holding an individual's assets to shield them from
creditors. Asset protection trusts allow, if it is difficult for a
creditor to seize assets, settle with the debtor on favorable terms
instead of engaging in costly litigation. This vehicle has complex
regulatory requirements, such as being irrevocable and contains a
spendthrift clause. An asset protection trust does provide for
occasional distributions, but those distributions must only occur at
an independent trustee's discretion. Only a few U.S. states allow
asset protection trusts. As of 2012, these include Alaska, Delaware,
Rhode Island, Nevada and South Dakota. However, one can establish an
asset protection trust in these states without residing there.
Offshore financial centers like the Cook Islands and Nevis also
allow individuals to establish asset protection trusts. The trust's
documents and administration, along with some or all of the trust's
assets, must be located in the same jurisdiction where the trust was
established. For more information follow Asset Protection link.
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ADA -Disability Act
ADA is a civil rights law that
prohibits discrimination against individuals with disabilities in
all areas of public life, including jobs, schools, transportation,
and all public and private places that are open to the general
public. The purpose of the law is to make sure that people with
disabilities have the same rights and opportunities as everyone
else.
Equal Employment Opportunity for Individuals with Disabilities title
is designed to help people with disabilities access the same
employment opportunities and benefits available to people without
disabilities. Employers must provide reasonable accommodations to
qualified applicants or employees. A “reasonable accommodation” is a
change that accommodates employees with disability without causing
the employer “undue hardship”.
Nondiscrimination on the Basis of Disability in State and Local
Government Services title prohibits discrimination on the basis of
disability by “public entities,” which are programs, services and
activities operated by state and local governments. The public
entity must make sure its programs, services and activities are
accessible to individuals with disabilities.
Public Accommodations title outlines the administrative processes to
be followed, including requirements for self-evaluation and
planning; requirements for making reasonable modifications to
policies, practices, and procedures where necessary to avoid
discrimination; architectural barriers to be identified; and the
need for effective communication with people with hearing, vision
and speech disabilities.
Nondiscrimination on the Basis of Disability by Public
Accommodations and in Commercial Facilities title prohibits private
places of public accommodation from discriminating against
individuals with disabilities. Examples of public accommodations
include privately-owned, leased or operated facilities like hotels,
restaurants, retail merchants, doctor’s offices, golf courses,
private schools, day care centers, health clubs, sports stadiums,
movie theaters, and so on. Nondiscrimination on the Basis of
Disability by Public Accommodations and in Commercial Facilities
title sets the minimum standards for accessibility for alterations
and new construction of facilities. It also requires public
accommodations to remove barriers in existing buildings where it is
easy to do so without much difficulty or expense. This title directs
businesses to make "reasonable modifications" to their usual ways of
doing things when serving people with disabilities. It also requires
that they take steps necessary to communicate effectively with
customers with vision, hearing, and speech disabilities.
Telecommunications title requires telephone and Internet companies
to provide a nationwide system of interstate and intrastate
telecommunications relay services that allows individuals with
hearing and speech disabilities to communicate over the telephone.
This title also requires closed captioning of federally funded
public service announcements. This title is regulated by the Federal
Communication Commission.
Final title contains a variety of provisions relating to the ADA as
a whole, including its relationship to other laws, state immunity,
its impact on insurance providers and benefits, prohibition against
retaliation and coercion, illegal use of drugs, and attorney’s fees.
This title also provides a list of certain conditions that are not
to be considered as disabilities. For more information follow ADA Disability Act link.
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Assault & Battery
Assault and battery, assault and
aggravated assault all involve intentional harm inflicted on one
person by another. Any crime involving a physical attack or the
threat of an attack is classified as an assault, a battery, or both.
Depending on the seriousness of the attack or the type of the weapon
used if any, these acts can rise to the level of aggravated assault.
When an assault and battery incident requires hospitalization and
extensive medical attention, a personal injury lawsuit may be the
best way for the victim to get reimbursement for medical bills and
receive compensation for pain and suffering. For more information follow Assault and Battery link.
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Asbestos Exposure
Asbestos exposure can happen at
workplace or at homes. If products containing asbestos are
disturbed, tiny asbestos fibers are released into the air. When
asbestos fibers are breathed in, they may get trapped in the lungs
and remain there for a long time. Over time, these fibers can
accumulate and cause scarring and inflammation, which can affect
breathing and lead to serious health problems.
Asbestos has been classified as a known human carcinogen (a
substance that causes cancer) by the U.S. Department of Health and
Human Services, the EPA, and the International Agency for Research
on Cancer. Studies have shown that exposure to asbestos may increase
the risk of lung cancer and mesothelioma a relatively rare cancer of
the thin membranes that line the chest and abdomen. Although rare,
mesothelioma is the most common form of cancer associated with
asbestos exposure. In addition to lung cancer and mesothelioma, some
studies have suggested an association between asbestos exposure and
gastrointestinal and colorectal cancers, as well as an elevated risk
for cancers of the throat, kidney, esophagus, and gallbladder. For more information follow Asbestos Exposure
link.
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Auto Defect
Auto defect law or lemon law
refers to cars that have repeated, unfixable problems. Under most
state laws, a lemon car must have a substantial defect covered by
the warranty that occurred within a certain period of time or number
of miles after purchase, and not be fixed after a reasonable number
of repair attempts. In most states, the lemon law only applies to
new cars. Lemon law applies whenever the defect is a serious safety
defect involving brakes or steering and it must remain unfixed after
one repair attempt. Lemon law applies whenever the defect is not a
serious safety defect but it remains unfixed after three or four
repair attempts. Lemon law applies whenever the vehicle is in the
shop a certain number of days, maxim 30 days in a one-year period to
fix one or more substantial warranty defects.
For more information follow Auto Defect- Lemon Law link.
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Bankruptcy Law
Bankruptcy is a process in which
consumers and businesses can eliminate or repay some or all of their
debts under the protection of the federal bankruptcy court.
Bankruptcy is a legal proceeding involving a person or business that
is unable to repay outstanding debts. The bankruptcy process begins
with a petition filed by the debtor or on behalf of creditors.
Debtor's assets if any are evaluated, sold and proceeds are used to
repay all or a portion of outstanding debt. Upon the successful
completion of bankruptcy proceedings, the debtor is relieved of the
debt obligations incurred prior to filing for bankruptcy. For more information follow Bankruptcy Law link.
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Bill of Transfer and Notice of Assignment - Living Trust
Bill of transfer and notice of
assignment document includes: list of real property, financial
accounts, stocks and bonds, contract interests, life insurance
policies, retirement accounts, business interest and any other types
of property including pets. In addition, for each type of property
transferred to the trust there is a notarized official notice to
appropriate institutions requesting change of the name from
grantor's name to the trust name as new owner. Example of such
documents are financial account transfer notice addressed to the
bank holding the the accounts, assignment of contract to the trust,
reissuance of insurance certificate addressed to insurance company,
request to change beneficiary of life insurance policy, request to
change beneficiary of retirement account, power of attorney for
securities transfer and request for reissue of certificates,
assignment of business interest and so on, For more information follow Bill of Transfer and Notice of Assignment - Living Trust link.
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Birth Injuries
Birth Injuries are Birth-related
medical malpractice cases when a doctor, hospital, or other medical
staff acts negligently, failing to use reasonable care and causes
injury to the mother or child during pregnancy or delivery, or
wrongful birth, when the parents would have ended or avoided a
pregnancy if they had known about birth defects, or wrongful
pregnancy when the parents' attempt to avoid or end a pregnancy
fails.
Example of Birth Injuries to the Mother is when doctor or healthcare
staff negligently fail to control excessive maternal blood loss
post-delivery. Example of injuries to Infant is when doctor or
healthcare staff negligently fail to monitor the baby's oxygen
intake pre-and-post-delivery. For more information follow Birth Injuries link.
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Benzene Exposure
Breathing airborne benzene over
long periods of time on the job will cause serious health problems.
The United States Department of Health and Human Services classifies
benzene as a human carcinogen. Long-term exposure to airborne
benzene is known to cause leukemia, particularly acute myeloid
leukemia and acute non-lymphocytic leukemia. Benzene is also linked
to a life-threatening form of anemia, called aplastic anemia, female
infertility, disruption of the menstrual cycle and decreased ovary
size as well as damages to the body's immune system. Short-term
exposure to low levels of benzene can cause dizziness, drowsiness,
irregular or rapid heartbeat, unconsciousness, confusion, tremors,
and headaches. Short-term exposure to high levels of benzene can
cause death.
For more information follow Benzene Exposure link.
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Bequest Law
BA bequest is a gift of personal
property, as opposed to real property, made in a will. Personal
property is generally any movable item. It is also referred to as a
legacy. There are different types of bequests that may be made in
the terms of a will. Bequests may be "conditional" upon the
happening or non-happening of an event, or "executory" in which the
gift is contingent upon a possible or certain future event. Bequest
can be of specific assets or of the "residue" (what is left after
specific gifts, general gifts, and payment of debts have been made).
For more information follow Bequest Law link.
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Blended Family Wills and Trusts
Blended Families are families
where one of the spouses or both brings a child or children with
them. Also is very possible that both spouses bring assets for the
use of the new family. Because of so many different circumstances,
blended families Estate Planning can be extremely challenging.
In a single marriage family most of the time it makes sense for each
child to get the same inheritance when each child has similar needs
and is similarly situated in life, each child has received similar
support in the past from their parents, and each child is mentally
and emotionally capable and responsible. This does not guarantees
that the will will not be challenged by one of the heirs. For more information follow Blended Family Trusts link.
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Business Litigation
Business Litigation is a complex
area of law and includes contractual and tort claims. Contractual
claims include breach of contract, fraud, tortious interference with
contract, breach of fiduciary duty, infringement of intellectual
property rights, and unfair competition. When such business disputes
arise, the parties are unable to resolve them through negotiation or
arbitration proceedings.
Commercial litigation and business litigation mean any type of
corporate controversy that is brought before a court involving
several different business entities or between a business entity and
one or more individuals. The type of claims implicated by these
suits is wide-ranging and include Accounting claims, Breach of
Contract, Breach of Fiduciary Duty, Conversion, Copyright
Infringement, Dissolution, Fraud, Interference with Business
Relationships, Misappropriation of Trade Secrets, Trademark
Infringement, Unfair Competition. For more information follow Business Litigation link.
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Business & Commercial Law
The term “business law” actually
includes three separate, but related, areas of the law: corporate
law, securities law and commercial law. Commercial law governs the
broad areas of business, commerce, and consumer transactions. There
are specific laws developed for specific commercial fields: Banking,
Bankruptcy, Consumer credit, Contracts, Debtor and creditor,
Landlord-tenant, Mortgages, Negotiable instruments, Real estate
transactions, Sales, Secured transactions.
The Uniform Commercial Code (UCC) is the result of an effort to
harmonize the law of sales and other commercial transactions in all
50 states within the United States of America.
The Uniform Commercial Code, has been substantially adopted as
statutory law in nearly every state, governs numerous areas of
commercial law. Currently Uniform Commercial Code includes thirteen
Articles: Article 1 (General Provisions), Article 2 (Sales), Article
2A (Leases), Article 3 (Negotiable Instruments), Article 4 (Bank
Deposits), Article 4A (Funds Transfers), Article 5 (Letters of
Credit), Article 6 (Bulk Sales), Article 7 (Warehouse Receipts),
Article 8 (Investment Securities), Article 9 (Secured Transactions),
Article 10 (Effective Date and Repealer), Article 11 (Effective Date
and Transition Provisions). Here is more information about some of
the UCC articles.
Art. 1 General Provisions: UCC Article 1 deals with definitions as
well as the rules of interpretation of the provisions.
Art. 2 Sales: UCC Article 2 applies to transactions of goods; it
does not apply to any transaction which although in the form of an
unconditional contract to sell or present sale is intended to
operate only as a security transaction nor does this Article impair
or repeal any statute regulating sales to consumers, farmers or
other specified classes of buyers.
Art. 2A Leases: UCC Article 2A applies to any transaction,
regardless of form, that creates a lease.
Art. 3 Negotiable Instruments : UCC Article 3 applies to negotiable
instruments. It does not apply to money, to payment orders governed
by Article 4A, or to securities governed by Article 8. If there is
conflict between this Article and Article 4 or 9, Articles 4 and 9
govern. Regulations of the Board of Governors of the Federal Reserve
System and operating circulars of the Federal Reserve Banks
supersede any inconsistent provision of this Article to the extent
of inconsistency.
Art. 4 Bank Deposits: UCC Article 4 covers the liability of a bank
for action or non-action with respect to an item handled by it for
purposes of presentment, payment, or collection. The law of the
place where the bank is located governs. In the case of action or
non-action by or at a branch or separate office of a bank, its
liability is governed by the law of the place where the branch or
separate office is located.
Art. 5 Letters of Credit: UCC Article 5 applies to letters of credit
and to certain rights and obligations arising out of transactions
involving letters of credit.
Art. 6 Bulk Transfers: UCC Article 6 applies to bulk sales auctions
and liquidations of assets.
Art. 7 Warehouse Receipts, Bills of Lading and Other Documents of
Title: UCC Article 7 deals with storage and bailment of goods.
Art. 8 Investment Securities: UCC Article 8 applies to a share or
similar equity interest issued by an entity that is registered as an
investment company under the federal investment company laws, an
interest in a unit investment trust that is so registered, or a
face-amount certificate issued by a face-amount certificate company
that is so registered. An investment company security does not
include an insurance policy or endowment policy or annuity contract
issued by an insurance company.
Art. 9 Secured Transactions: UCC Article 9 applies to:
(1) a transaction, regardless of its form, that creates a security
interest in personal property or fixtures by contract;
(2) an agricultural lien;
(3) a sale of accounts, chattel paper, payment intangibles, or
promissory notes;
(4) a consignment; and
(5) a security interest. However, interest in a secured obligation
is not affected by the fact that the obligation is itself secured by
a transaction or interest to which this article does not apply. For more information follow Business and Commercial Law link.
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Business Succession Estate Planning
Establishing a sound business
succession plan is important and absolutely necessary for most small
business owners. There are five important reasons to plan for
ownership and management succession:
1) Taxes **A succession plan can reduce or completely avoid estate
taxes and insure that the business owner's family gets the maximum
benefit.
2) Risk **The longer a business owner waits to design and implement
a succession plan, the higher the risk that the plan will not meet
their goals. The risks also
increase with the age of the entrepreneur because business could
fail along with the health of the business owner.
3) Options **The longer succession planning is postponed, the fewer
options owners have to meet their goals. All business owners want to
provide continued income
for family members and provide jobs for employees.
4) Control **A sound succession plan will ensure that the business
owner and heirs retain control over the enterprise. No succession
plan in place or a poorly designed one opens up the business to
probate proceedings that can easily wipe out the business financial
resources and even can cause it to fail leaving
beneficiary with attorneys bills instead.
5) Value **Unless younger family members are involved in day to day
business management, there is a 100% risk that the business owner
will die and so will the business he created. The day the business
owner dies, the value of the business will drop, loosing any ongoing
concern value as well as any goodwill. What is left will be sold for
5 to 10 cents on the dollar.
To learn more about Business Succession Planning, Valuation, Keeping
It in the Family, Buy-Sell Agreements, Gifting of Shares, Trusts,
Management Buyout, Sale to Employees, Sale to an Outsider,
Liquidation of the Business, and more follow Business Succession Planning link.
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Business Valuation
Business Valuation is the process
of determining the economic value of a business or company. Business
valuation can be used to determine the fair value of a business for
a variety of reasons, including sale value, establishing partner
ownership or divorce proceedings.
Business valuation is done for tax purposes, such as estate
settlement, income tax or property tax disputes, or litigation.
Other situations that could require a valuation include mergers and
acquisitions, bankruptcy, estate planning, gifting of minority stock
interests, qualifying for a loan, or taking on an investor.
Often times, owners will turn to professional business valuators for
an objective estimate of the business value.
Business valuation includes a wide array of fields and methods that
can vary between valuators, businesses and industries. In general
business valuation process include review of financial statements,
discounting cash flow models, and similar company comparisons. In
general, business owners will turn to professional business valuators for
an objective estimate of the business value. For more information follow Business Valuation link.
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California Disability Discrimination Law
Americans with Disabilities Act
ADA is a wide-ranging civil rights law that is intended to protect
against discrimination based on disability. It affords similar
protections against discrimination to Americans with disabilities as
the Civil Rights Act of 1964 which made discrimination based on
race, religion, sex, national origin, and other characteristics
illegal. In addition, unlike the Civil Rights Act, the ADA also
requires covered employers to provide reasonable accommodations to
employees with disabilities, and imposes accessibility requirements
on public accommodations.
ADA disabilities include both mental and physical medical
conditions. A condition does not need to be severe or permanent to
be a disability. Equal Employment Opportunity Commission regulations
provide a list of conditions that should easily be concluded to be
disabilities: deafness, blindness, an intellectual disability,
partially or completely missing limbs or mobility impairments
requiring the use of a wheelchair, autism, cancer, cerebral palsy,
diabetes, epilepsy, Human Immunodeficiency Virus (HIV) infection,
multiple sclerosis, muscular dystrophy, major depressive disorder,
bipolar disorder, post-traumatic stress disorder, obsessive
compulsive disorder, and schizophrenia. Other mental or physical
health conditions also may be disabilities, depending on what the
individual's symptoms would be in the absence of "mitigating
measures" (medication, therapy, assistive devices, or other means of
restoring function), during an "active episode" of the condition.
Certain specific conditions that are widely considered anti-social,
or tend to result in illegal activity are excluded under the
definition of disability. For more information follow California Disability Discrimination link.
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Certificate of Trust - Living Trust
A Certificate of Trust Existence
and Authority is required before transferring any assets to a
trust. Certificate of Trust Existence and Authority is a Certificate
of Trust which is none other than a summary or quotation of selected
parts of the trust. Its purpose is to allow a person to know the
correct name of the trust and to be sure that the trust has power
over its assets. It usually does not identify the beneficiaries or
the assets, so that information is kept confidential. Attorneys
prepare both a Trust and a Certificate of Trust Existence and
Authority at the same time.
Before transferring a bank account from testator name to the trust
name, the bank clerk will usually wish to see a copy of the trust.
In order to keep the terms of the trust confidential, a copy of the
Certificate of Trust Existence and Authority will be sufficient
instead. The bank does not usually require any further information
than the Certificate of Trust Existence and Authority provides.
Certificate of trust includes name of trust, trust property listed
in declaration of trust, name of the trustee, powers of the trustee,
right of testator or grantor to revoke the trust, trustee's
signature and public notary acknowledgement and seal. For more information follow Certificate of Trust Existence and Authority -Certificate of Trust link.
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Contract Dispute
A contract dispute occurs when
any party in a contract has a disagreement regarding any of the
contract terms or definitions. In order for a contract to be valid,
there must be a "meeting of the minds." This means that all parties
need to have a solid understanding of every contract term, and must
be in mutual agreement as to the terms. Without a mutual agreement,
the contract is not legally valid and may be contested in court. In
contract law, a contract dispute is usually considered a breach of
contract, meaning that a party failed to perform a duty or promise
that they agreed to in the contract. There are two different types
of contract breaches: Material Breach and Minor Breach.
A material breach in a contract occurs when a party fails to perform
a contractual duty and the breach is so crucial and deep that it
makes the agreement or purpose of the contract irreparable. Usually
this occurs when the heart of the contract is not satisfied because
of the breach. When a material breach occurs, the non-breaching
party does not have to perform their end of the contract and can sue
the breaching party in return for any damages caused by the breach.
A minor breach occurs when there is a breach of contract by a party,
but the breach is very minor and does not disrupt the heart of the
contract. When minor breach occurs, both parties must still carry
out the remainder of the contract, but the non-breaching party may
sue for damages. Contract formation can often be a lengthy and
involved process. There are many steps that need to be fulfilled
along the way. In order for a valid contract to be formed, there
must be an offer, an acceptance of the offer and some form of
consideration or payment for the goods or services at issue. For more information follow Contract Dispute link.
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Corporate Law
Corporate law deals with the
formation of corporations, as well as their interactions with other
companies, individuals, and the public. Corporations are specific
types of business structures that have specific characteristics such
as: Decreased or limited liability of members of the company,
Separate legal personality of the company (i.e., a corporation may
be treated as an “individual” for some purposes), Different rules
regarding stocks and ownership of the company, Increased rights and
responsibilities of directors and other leaders, Preferential tax
treatment in some states. Corporation law outlines how a company can
become a corporation, and how corporations are allowed to
participate in the economic marketplace. Corporation law is
sometimes referred to as “company law” or “corporations law.”
Corporate laws involve a number of legal issues related to the
creation and operation of corporations. These can include:
Incorporation and filing processes (i.e., creating bylaws and other
corporate formalities), Securities issues such as those involving
stocks, shareholders agreements, and other investments in the
company, Member liability, Rights of the board of directors and
other key figures, Disputes between corporations and other
businesses, Business mergers and takeovers, Dissolution or
termination of a corporate entity. These types of legal issues tend
to affect many different parties. Although corporations are
considered as individuals for legal purposes, legal issues with a
corporation can affect the board of directors, company workers,
consumers, and many other people.For more information follow Corporate Law link.
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Copyright and Trademark Registration
Copyright is a form of protection
provided to the authors of "original works of authorship" including
literary, dramatic, musical, artistic, and certain other
intellectual works, both published and unpublished. The 1976
Copyright Act generally gives the owner of copyright the exclusive
right to reproduce the copyrighted work, to prepare derivative
works, to distribute copies or photo records of the copyrighted
work, to perform the copyrighted work publicly, or to display the
copyrighted work publicly.
A trademark is a word, name, symbol or device which is used in trade
with goods to indicate the source of the goods and to distinguish
them from the goods of others. A service mark is the same as a
trademark except that it identifies and distinguishes the source of
a service rather than a product. The terms "trademark" and "mark"
are commonly used to refer to both trademarks and service marks.
Trademark rights may be used to prevent others from using a
confusingly similar mark, but not to prevent others from making the
same goods or from selling the same goods or services under a
clearly different mark. Trademarks which are used in interstate or
foreign commerce may be registered with the Patent and Trademark
Office. For more information follow Copyright and Trademark Registration link.
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Catastrophic Injuries
A catastrophic injury is one that
severely injures a plaintiff and leads to long-term, if not
permanent, disability and disfigurement. While there is no exact
legal definition of catastrophic injury, they often entail a
difficult recovery process, multiple surgeries, and possibly a
lifetime of medical treatment. A plaintiff suffering a catastrophic
injury may also be unable to return to work, either in his or her
chosen field or any field at all. One of the key factors in whether
an injury is designated as catastrophic is the debilitating nature
of the injury, and the extent to which that debilitation is expected
to continue. If the injured person will be unable to perform all of
life’s functions on a long-term basis, and will require some level
of assistance, then the injury is likely to be deemed catastrophic.
Another key factor is the impact that it has on the life and
livelihood of the victim. Long-term injuries that result in some
level of permanent disability and prevent the victim from earning a
living (in the same or similar line of work they were in pre-injury)
will likely be considered catastrophic. Several examples of injuries
that might be considered catastrophic for purposes of an injury
claim include spinal cord injuries, traumatic brain injuries,
injuries that result in partial or total paralysis, injuries that
result in the loss of a limb, severe burn injuries, and injuries
that result in disfigurement and significant scarring. For more information follow Catastrophic Injuries link.
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Car/Motorcycle
Accidents
Car or Motorcycle accident law
refers to the legal rules that determine who is responsible for the
personal and property damage resulting from a traffic collision.
This area of the law consists of the principles of negligence, as
applied to this particular category of personal injury cases. Like
other cases in which negligence law applies, car accident litigation
is governed almost entirely by state law. Car accident victims in
every state must prove the same basic four elements in order to
recover compensation. These elements are: duty, breach, causation,
and harm. With respect to duty, drivers have a legal obligation to
obey the rules of the road and to operate their vehicles in a
reasonable manner. This means driving a safe speed, maintaining
control, exercising awareness, observing traffic signals, using
blinkers and headlights, etc. The existence of a duty is typically
accepted without much argument. By contrast, the plaintiff will
usually be required to offer evidence that the defendant breached
that duty. Breach can be shown by direct evidence, such as
eyewitness testimony, traffic surveillance video, or an admission of
fault. Or, the plaintiff may need to resort to circumstantial
evidence, such as skid marks, paint smudges, or blood alcohol
readings. Just because the defendant had a duty to operate his or
her vehicle in a certain manner, and it is shown that the defendant
breached that duty, the court will not assume those circumstances
caused the plaintiff’s injuries. Rather, the plaintiff must prove
the element of causation. In car accident cases, this can be done
through medical testimony demonstrating the injuries are consistent
with the nature of the crash, and that they did not exist
beforehand. Finally, the plaintiff must prove harm. No matter how
egregious the other driver’s conduct was behind the wheel, the
plaintiff cannot bring a negligence lawsuit unless the conduct
produced damage to the plaintiff’s person or vehicle. “Near miss”
cases will not qualify. Once harm is shown, the plaintiff may be
entitled to compensation for medical expenses, pain and grief, lost
wages, and more. For more information follow Car/Motorcycle Accidents link.
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Construction Accidents
Construction Accidents Law deals
with the personal injury and wrongful death cases resulting from
construction accidents, as well as the safety laws, regulations and
standards governing the construction industry. The Occupational
Safety and Health Administration (OSHA) is the governing regulatory
body for construction site safety. Construction accidents can range
from minor to catastrophic. The types of injuries one can sustain
from these accidents include: amputations, blindness, deafness,
broken bones, broken back, burns, coma, concussion, paralysis,
severed spinal cord, Traumatic Brain Injury and so on. Construction
Accidents can result from the negligence of victim or others, faulty
construction equipment, defective products, defective tools or
machines, inadequate safety or equipment training or negligent or
reckless co-workers. Some construction workers are limited by law to
receiving only workers’ compensation for their Construction Accident
injuries. Sometimes workers can also recover damages from partially
or completely responsible parties, who are not their employer, for
causing their injuries, based upon theories of negligence and
product liability. If a worker is hurt due to factors other than job
safety, such as defective tools or equipment, the injured worker may
be able to file a personal injury claim against the manufacturer.
They also may be able to recover damages from the owner of the site
and the general contractor. The responsible party may be held liable
for damages, including medical bills, loss of wages, and pain and
suffering. Various entities may be liable for construction
accidents. They include the construction site owner, architects and
engineering professionals, contractors, construction managers, and
manufacturers of construction machinery or equipment. For more information follow Construction Accidents link.
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Criminal Defense
Criminal defense is a strategic
argument meant to challenge the validity of evidence and/or
sufficiency of the evidence presented by prosecution. Affirmative
Criminal Defense attorneys attempt to strike down the prosecutions
evidence by showing that it is false. Affirmative defense requires
that the defendant, along
with his or her criminal attorney, produce evidence in support of
the defense. The Insanity Defense states that defendant committed
the alleged crime but had did not know that what he did was wrong.
For insanity defense to work defendant must have had a severe mental
disease or defect at the time the crime was committed. Insanity
defense attorney must present clear and convincing evidence that
defendant has such a mental disease or defect and that this disease
or defect prevented defendant to understand that his or her actions
were wrong.
Coercion and duress is an affirmative criminal defense that
basically says that defendant was forced to commit a crime because
he or she was threatened with unlawful force. The unlawful force
does not have to actually occur. The threat of unlawful force
against the defendant or an other person or family member can be
enough to satisfy the coercion defense. Other types of criminal
defense are abandonment and withdrawal, self defense, consent,
intoxication, statute of limitation. For more information follow Criminal Defense link.
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Chapter 7
Bankruptcy
Chapter 7 bankruptcy is a
liquidation proceeding in which the debtor's non-exempt assets, if
any, are sold by the Chapter 7 trustee and the proceeds distributed
to creditors according to the priorities established in the Code.
Eligibility to file Chapter 7 is determined by the means test
instituted with the 2005 amendments to the bankruptcy code. In most
consumer cases, all the assets are exempt, and therefore there are
no assets to liquidate and there is no dividend to creditors.
Chapter 7 is generally the simplest and quickest form of bankruptcy
and is available to individuals, married couples, corporations and
partnerships. For more information follow Chapter 7 Bankruptcy link.
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Chapter 11
Personal Bankruptcy
Chapter 11 personal bankruptcy
may be the choice for individuals because their debts are too high,
or they have very complex finances or individuals with large non
dischargeable claims and assets to protect that need to buy time,
individuals facing execution on a judgment that is on appeal or
individuals with significant assets but facing short term liquidity
problems and who can benefit from some time to restructure their
debts. For more information follow Chapter 11 Personal Bankruptcy link.
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Chapter 11
Business Bankruptcy
Chapter 11 bankruptcy is a form
of bankruptcy reorganization available to individuals, corporations
and partnerships. It is the usual choice for large businesses
seeking to restructure their debt. U.S. bankruptcy code 11, Chapter
11 is a form of bankruptcy that involves reorganization of a
debtor's business affairs and assets. Usually is filed by
corporations which require time to restructure their debts. Chapter
11 gives the debtor a fresh start, subject to the debtor's
fulfillment of its obligations under its plan of reorganization.
Chapter 11 reorganization is the most complex of all bankruptcy
chapters and also is the most expensive and should be considered
only after careful review of all other alternatives. Chapter 11
bankruptcy is the most flexible of all the chapters and in general
most expensive for the debtor. For more information follow Chapter 11 Business Bankruptcy link.
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Chapter 13
Bankruptcy
Chapter 13 bankruptcy is a U.S.
bankruptcy proceeding in which the debtor undertakes a
reorganization of his or her finances under the supervision and
approval of the courts. As part of the reorganization, the debtor
must submit and follow through with a plan to repay outstanding
creditors within three to five years. Because debtor is paying most
of the debts over time, Chapter 13 bankruptcy is also called
reorganization bankruptcy. In Chapter 13 bankruptcy proceedings
debtor's secured debts cannot exceed $1,149,525 and unsecured debts
cannot be more than $383,175. For debts much less than these amounts
read about Chapter 7 . For debt exceeding these amounts read
about personal Chapter 11 bankruptcy. For more information follow Chapter 13 Bankruptcy link.
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Civil Litigation
Civil Litigation is a legal
dispute between parties in which money damages, or an order
requiring the performance of a specific act. Civil litigation does
not seek criminal sanctions. Civil litigation is the process in
which civil matters are resolved in a court of law. Civil matters
can be described as situations dealing with relationships between
people, such as a marriage, or a contract dispute. Civil laws are
made by legislators, not through decisions rendered by judges, and
are contained in a book of statutes. The Civil litigation
proceedings are governed by these statutes. Civil litigation is a
term of art which distinguishes lawyer Court work in the
non-criminal stream of actions in law. It encompasses not just the
representations made in court but also the pre-trial procedures
including interlocutory hearings, and the port-trial procedures such
as costs and enforcement of a judgment. For more information follow Civil Litigation link.
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Charitable Gifts
A charitable gift is property
that is donated by an individual or organization for the benefit of
the public. A charitable gift is meant for use by an indefinite
number of people. Similarly, charitable trusts or public trusts are
trusts of religious, political, or general social interests, or for
the relief of poverty or the advancement of education. Charities are
supported by gifts from donors and most states have set forth
statutes controlling the manner in which funds are solicited for
charities. Charitable gifts are often testamentary, or created by
will. If there is a problem in determining the actual donative
intent of the testator, the court might have to pass on his or her
intent. Cy Pres is a doctrine applied by a court so that it can
carry out a trust made by will for charitable purposes even when the
testator's charitable purpose can not be accomplished in the precise
manner specified by the testator. For more information follow Charitable Gifts link.
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Charitable Trust
Charitable Trust is established
when real or personal property given by one person is held by
another to be used for the benefit of a class of persons or the
general public. The law favors charitable trusts, sometimes called
public trusts, by according them certain privileges, such as an
advantageous tax status. Before a court will enforce a charitable
trust, however, it must examine the charity and evaluate its social
benefits. The court cannot rely on the view of the settlor, the one
who establishes the trust, that the trust is charitable. In order to
be valid, a charitable trust must fulfill certain requirements. The
settlor must intend to create this type of trust. There must be a
trustee to administer the trust, which must consist of some res or
trust property. The charitable purpose must be expressly designated.
A definite class of persons comprised of indefinite beneficiaries
within it must actually receive the benefit. The requirements of
intention, the trustee, and the res are the same in a charitable
trust as they are in any other trust. For more information follow Charitable Trust link.
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Codicil Law - Amending a Will
A codicil is a written supplement
to a person's will, which must be dated, signed and witnessed under
the same legal rules applicable to the making of the original will,
and must make some reference to the will it amends. A codicil can
add to, subtract from, revoke or modify the terms of the original
will. When the person dies, both the original will and the codicil
are subject to the probate process and form the basis for
administration of the estate and distribution of the assets of the
deceased. A codicil is used to avoid rewriting the entire will. A
codicil should reference each section number of the will and the
specific language that will be affected. It is important that a
codicil is as clear and precise as possible to avoid undue
complications. For more information follow Codicil Law - Amending a Will link.
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Conservatorship of
the Estate
Conservatorship of the estate is
established when a designated person is assigned to manage an other
person's personal finances and/or estate. Conservatorship is usually
established during a hearing before a judge. A person under
conservatorship is termed a conservatee and the person who
makes the choices a conservator. Conservatorships proceedings are
time-consuming and expensive as they often require court hearings
and the ongoing assistance of a lawyer. Conservator must keep
detailed records and file court papers on a regular basis. All court
proceedings and documents are a matter of public record.
Conservators are subject to court supervision, which provides a
powerful safeguard for an incapacitated adult's property. Courts
require conservators to provide periodic reports detailing their
actions managing the estate. Courts require the conservator to seek
permission before making major decisions, such as selling real
estate (for a financial conservator) or terminating life-support
(for a conservator in charge of health care decisions). For more information follow Conservatorship of the Estate link.
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Discrimination
Discrimination is the act of
denying rights, benefits, justice, equitable treatment, or access to
facilities available to all others, to an individual or group of
people because of their race, age, gender, handicap or other
defining characteristic. Discrimination is unequal treatment of
persons, for a reason which has nothing to do with legal rights or
ability. Federal and state laws prohibit discrimination in
employment, availability of housing, rates of pay, right to
promotion, educational opportunity, civil rights, and use of
facilities based on race, nationality, creed, color, age, sex or
sexual orientation. The rights to protest discrimination or enforce
one's rights to equal treatment are provided in various federal and
state laws, which allow for private lawsuits with the right to
damages. There are numerous federal and state commissions to
investigate and enforce equal rights. For more information follow Discrimination link.
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Disciplinary
Actions by Employers
Disciplinary action is a process
for dealing with job-related behavior that does not meet expected
and communicated performance standards. The primary purpose for
discipline is to assist the employee to understand that a
performance problem or opportunity for improvement exists. The
process features efforts to provide feedback to the employee so he
or she can correct the problem. The goal of discipline is to improve
employee performance. An employer may use several disciplinary
methods usually in following ascending sequence: Verbally reprimand
the employee for poor performance, Provide a written verbal warning
in the employee's file, in an effort to improve employee
performance, Provide an escalating number of days in which the
employee is suspended from work, End the employment of an individual
who refuses to improve. For more information follow Disciplinary Actions by Employers link.
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DUI-Driving Under
the Influence
Driving under the influence (DUI)
commonly called "drunk driving," it refers to operating a motor
vehicle while one's blood alcohol content is above the legal limit
set by statute, which is the level at which a person cannot drive
safely. State statutes vary as to what that level is, but it ranges
from .08 to .10. Driving under the influence (DUI) is a misdemeanor.
DUI is the crime of driving a vehicle while drunk. DUI refers also
to a person who is arrested for driving a vehicle while drunk. For more information follow DUI-Driving Under the Influence link.
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Disability
Retirement
Disability under the Retirement
Act (CSRS) is defined as follows: Disabled and disability mean
unable or inability, because of disease or injury, to render useful
and efficient service in the employee's current position, or in a
vacant position in the same agency at the same grade or pay level
for which the individual is qualified for reassignment. Medical
condition means a health impairment resulting from a disease or
injury, including a psychiatric disease. Useful and efficient
service means acceptable performance of the critical or essential
elements of the position and satisfactory conduct and attendance.
Any employee shall be considered to be disabled only if the employee
is found by the Office of Personnel Management to be unable, because
of disease or injury, to render useful and efficient service in the
employee's position and is not qualified for reassignment, under
procedures prescribed by the Office, to a vacant position which is
in the agency at the same grade or level and in which the employee
would be able to render useful and efficient service. For more information follow Disability Retirement link.
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Divorce
Divorce is a court decree that
terminates a marriage; Divorce is also known as marital dissolution.
A divorce decree establishes the new relations between the parties,
including their duties and obligations relating to property that
they own, support responsibilities of either or both of them, and
provisions for any children if any. Divorce law provides legal
solutions for issues that the Husband and Wife are unable to resolve
through mutual cooperation. No fault divorce is in which neither
spouse is required to prove "fault" or marital misconduct on the
part of the other. To obtain a divorce a spouse must merely assert
incompatibility or irreconcilable differences, meaning the marriage
has irretrievably broken down. This means there is no defense to a
divorce petition i.e. a spouse cannot threaten to "fight" a divorce,
there is no derogatory testimony, and marital misconduct cannot be
used to achieve a division of property favorable to the "innocent"
spouse. Divorce laws have inverted the involvement of courts. The
issue of whether a divorce should be granted is now generally
decided by one or both of the spouses. Contemporary courts are more
involved in determining the legal ramifications of the marriage
breakup, such as spousal maintenance, Child Support, and Child
Custody. Other legal issues relating to divorce include court
jurisdiction, antenuptial and postnuptial agreements, and the right
to obtain a divorce. State laws govern a wide range of divorce
issues, but district, county, and family courts are given broad
discretion in fixing legal obligations between the parties. For more information follow Divorce link.
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Delayed Gifting
Trust
Arbitration is an out-of-court
procedure for resolving disputes in which a retired judge -- the
arbitrator -- hear evidence and makes a decision. Arbitration is
similar to a trial, but typically proceeds much more quickly, with
less formality and is less expensive. Arbitration can be binding or
not.
Lex Omni lawyers routinely use arbitration, mediation and other
forms of alternative dispute resolution (ADR) and seek to optimize
case outcomes while managing the costs, time and avoid stress of a lawsuit. For more information follow Harassment link.
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Debt Collection
Debt collection is a deliberate
attempt by a business to collect an obligation that has become past
due. In normal transactions between two businesses, an invoice is
rendered and payment is due within 30 days—unless, by special
arrangement, a more generous schedule of payments has been agreed
upon. Retail customers usually pay cash at time of purchase or,
common in medical practices, are billed for portions not covered by
insurance; payment is due some reasonable time after billing, e.g.,
five days or a week. After these time periods have passed, the
payment is past due. In normal accounting practice, overdue payables
are classified as 30-, 60-, and 90-day past due, and the accounting
department routinely sends out "past-due" notices. Once an account
is more than 90 days overdue, it becomes problematical and requires
special action. In effect the buyer is now using the seller's money
without compensation. According to the Federal Fair Debt Collection
Act, a debt collector is any person, other than the creditor, who
regularly collects debts owed to others. Federal Fair Debt
Collection Act was amended in 1986 to include attorneys who collect
debt on a regular basis. For more information follow Debt Collection link.
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Debt Settlement
Debt settlement means an action
or negotiation made on behalf of a consumer with that consumer's
creditors for the purpose of the creditor forgiving part or the
entire principal of the debt incurred or credit extended to that
consumer. The term debt settlement shall not include any action
taken to convince a creditor to waive any fees or charges. It is
also known as debt arbitration, debt negotiation or credit
settlement. The debts such as credit card debts, other unsecured
credit card debts, medical bills, gas/store card debts, and personal
loans can also be settled by way of debt settlement. However, tax
debts, alimony, child support, mortgages, car loans, and federal
student loans cannot be settled in a debt settlement program. For more information follow Debt Settlement link.
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Deed of Trust
A deed of trust is a document
which pledges real property to secure a loan, used instead of a
mortgage in certain states. A deed of trust involves a third party
called a trustee, usually a title insurance company or escrow
company, who acts on behalf of the lender. When a buyer signs a deed
of trust, he/she in effect are giving a trustee title (ownership) of
the property, but he/she holds the rights and privileges to use and
live in or on the property. The trustee holds the original deed for
the property until he/she repays the loan. When the loan is fully
paid, the trustor requests the trustee to return the title by
reconveyance. If the loan becomes delinquent the beneficiary can
file a notice of default and, if the loan is not brought current,
can demand that the trustee begin foreclosure on the property so
that the beneficiary may either be paid or obtain title. Unlike a
mortgage, a deed of trust also gives the trustee the right to
foreclose on he/she property without the court involvement. For more information follow Deed of Trust link.
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Defamation
Defamation is the act of making
untrue statements about another which damages his/her reputation. If
the defamatory statement is printed or broadcast over the media it
is libel and, if only oral, it is slander. Public figures, including
officeholders and candidates, have to show that the defamation was
made with malicious intent and was not just fair comment. Damages
for slander may be limited to actual damages unless there is malice.
Some statements such as an accusation of having committed a crime,
having a feared disease or being unable to perform one's occupation
are called libel per se or slander per se and can more easily lead
to large money awards in court and even punitive damage recovery by
the person harmed. Most states provide for a demand for a printed
retraction of defamation and only allow a lawsuit if there is no
such admission of error. For more information follow Defamation link.
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Disability Law
Disability law is mainly governed
by the Americans with Disabilities Act (ADA) of 1990. The Equal
Employment Opportunity Commission (EEOC) and the Department of
Justice administer the ADA. This Act prohibits discrimination against
individuals with disabilities in employment, housing, education, and
access to public services. Other statutes prohibiting discrimination
against individuals with disabilities include the Fair Housing Act,
Rehabilitation Act, Air Carrier Access Act, and the Individuals with
Disabilities Education Act. For example, under the Fair Housing Act,
it is unlawful to discriminate in any aspect of selling, renting, or
denying housing because of an individual's disability. The
Individuals with Disabilities Education Act requires public schools
to make available a free appropriate public education in the least
restrictive environment to all eligible children with disabilities,
according to their needs. For more information follow Disability Law link.
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Drug Crimes
Drug Crimes and drug charges
legal area, also referred to as Drug Crimes law, is a subset of
Criminal law and overlaps with Criminal Defense law. Drug
Crimes laws are created to deal with illegal drug possession, use,
manufacture, trafficking and other related transactions, as well as
their enforcement and with legal defenses of the associated charges.
This refers to both “street” drugs, which are strictly illegal, and
drugs subject to Controlled Substances law, which are regulated by
state and federal laws. Most drug charges are classified as felonies
but the seriousness of the offence and subsequent punishment is most
often determined by the type of drug involved and, if applicable,
its classification under the drug schedule, the quantity the
offender is found with, whether there is intent to sell and/or
distribute and other relevant factors. A conviction for drug
trafficking carries stiff penalties as well as dire consequences
above and beyond criminal punishment, such as denial of federal
benefits and forfeiture of real estate and personal property. For more information follow Drug Crimes link.
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Durable Power of Attorney
A power of attorney in general is
a legal document appointing another person to act in the maker’s
place when the maker is unable to take action personally. The maker
is called the principal and the person authorized to act on the
principal’s behalf is called the agent or attorney-in-fact. All
powers of attorney terminate on the death of the principal. A
principal may also revoke the power of attorney at any time as long
as he or she is competent. A successor agent may be named in the
power of attorney to prevent it from lapsing if the first named
agent dies or is unable to serve. There are various types of powers
of attorney; they can be either general, durable or limited. Some
states have also adopted a statutory power of attorney. A general
power of attorney grants the agent broad powers to act in regard to
the principal’s assets and property while the principal is alive and
not incapacitated. A durable power of attorney will remain effective
even if the principal becomes incapacitated. A special or limited
power of attorney restricts the agent’s action to a particular
purpose in order to handle specific matters when the principal is
unavailable or unable to do so. For more information follow Durable Power of Attorney link.
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Dynasty Trust
A dynasty trust is a trust
designed to hold assets for many generations. Most other trusts are
designed so that the trust assets will be distributed to the
beneficiaries at staggered ages (e.g., one-third at age 25, one-half
of the balance at age 30, and the balance at age 35). A dynasty
trust, on the other hand, is drafted to encourage the trustee to
hold as much of the assets in trust for as long as possible. The
beneficiaries are permitted to have some limited access to the trust
property but they generally will not receive it outright. By keeping
the funds in trust, it keeps the funds safe from estate taxes,
creditors, and divorcing spouses. For more information follow Dynasty Trust link.
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Employment
Agreements
Employment agreement is an
agreement entered into between an employer and an employee at the
time the employee is hired that outlines the exact nature of their
business relationship, specifically what compensation the employee
will receive in exchange for specific work performed .Employment
contracts also help protect critical trade secrets, and are
especially critical in high-tech companies. An employment contract
can prohibit employees from revealing company secrets, working for
the competition or soliciting customers. Contracts also clarify
individual jobs by spelling out employees' responsibilities,
compensation, bonuses, stock options, rights to any inventions and
patents, expense accounts and more. Employers can include an
"evergreen" clause stating that the contract automatically renews on
a given day each year if neither side provides notice of
termination. Employment agreement often include an arbitration
clause can ensure that any employment-related dispute will be
subject to binding arbitration rather than played out in court,
which can be expensive and time-consuming. For more information follow Employment Agreements link.
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Employment Law
Employment law governs the rights
and duties between employers and workers. Also referred to as labor
law, these rules are primarily designed to keep workers safe and
make sure they are treated fairly, although laws are in place to
protect employers’ interests as well. Employment laws are based on
federal and state constitutions, legislation, administrative rules,
and court opinions. A particular employment relationship may also be
governed by contract.
The employment law presumes that employment relationships are at
will. That is to say, employers and employees are free to terminate
the relationship at any time and for any reason. This presumption
can be overcome by showing the parties entered into an employment
contract or made other promises regarding when and how the
relationship would end. Courts will also ignore the at will
presumption when one of several exceptions applies. The most common
exceptions involve matters of public policy. For example, employers
cannot fire workers for discriminatory reasons. Likewise, they
cannot fire an employee in retaliation for filing a worker’s
compensation claim, or for disclosing a violation of law to the
authorities (whistle blowing). For more information follow Employment Law link.
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Elective Share Law
Elective shares are governed by
state laws, which vary by state. Under such laws, the surviving
spouse has historically had the option of either: -accepting what
was provided to him or her pursuant to the decedent’s will; or -
electing to take a fixed portion of the decedent’s probate estate
property. The rationale for granting an election to the surviving
spouse is to ensure that the surviving spouse received at a minimum
amount of the decedent’s wealth which, in many cases, was accrued
during the marriage. For more information follow Elective Share Law link.
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Elder Financial
Abuse
Elder financial abuse spans a
broad spectrum of conduct, including, Taking money or property,
Forging an older person's signature, Getting an older person to sign
a deed, will, or power of attorney through deception, coercion, or
undue influence, using the older person's property or possessions
without permission, promising lifelong care in exchange for money or
property and not following through on the promise, confidence crimes
are the use of deception to gain victims' confidence, Scams are
fraudulent or deceptive acts, Fraud is the use of deception,
trickery, false pretence, or dishonest acts or statements for
financial gain, Telemarketing scams where perpetrators call victims
and use deception, scare tactics, or exaggerated claims to get them
to send money. They may also make charges against victims' credit
cards without authorization. For more information follow Elder Financial Abuse link.
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Estate
Administration
Administration of estates refers
to management and settlement of estates of an intestate. Intestate
is a person who dies without a legal will. Administration of estates
is usually done under court supervision by appointing a person duly
qualified and legally appointed. The person so appointed is called
an administrator. The administrator is responsible for administering
and settling the estate pursuant to the state statutory rules of
descent and distribution. The responsibilities of an administrator
include collection of decedents’ assets, payment of debts and claims
against the estate, payment of estate taxes, distribution of
remainder of the estate among those entitled thereto. For more information follow Estate Administration link.
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Estate Law
Estate Law includes is the law
governing most of estate planning and administration and these laws
are created primarily on the state level and therefore vary greatly.
The Uniform Probate Code (UPC) has sought to clarify, unify and
modernize these laws throughout all the U.S states and D.C., but to
date, only about 30% have completely adopted the Code, while some of
the remaining state have only implemented parts of it. Estate
related tax issues, such as gift tax laws and federal estate tax,
and various college savings plans are regulated by federal as well
as state laws. For more information follow Estate Law link.
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Estate Planning
Estate planning is a collection
of preparation tasks that serve to manage an individual's asset base
in the event of their incapacitation or death, including the bequest
of assets to heirs and the settlement of estate taxes. Most estate
plans are set up with the help of an attorney experienced in estate
law. Some of the major estate planning tasks include creating a
will, limiting estate taxes by setting up trust accounts in the name
of beneficiaries, establishing a guardian for living dependents,
naming an executor of the estate to oversee the terms of the will,
creating/updating beneficiaries on plans such as life insurance,
IRAs and 401(k)s, setting up funeral arrangements, establishing
annual gifting to reduce the taxable estate, setting up durable
power of attorney to direct other assets and investments. Estate
planning is an ongoing process and should be started as soon as one
has any measurable asset base. As life progresses the estate plan
should move to be in line with new goals. Lack of adequate estate
planning can cause undue financial burdens to loved ones (estate
taxes can run higher than 40%), so at the very least a will should
be set up even if the taxable estate is not large. For more information follow Estate Planning link.
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Ethical Will
Ethical Will is a document or
materials in which a person expresses the beliefs and experiences
that have mattered most in his or her life. An ethical will has no
legal significance. Ethical will is intended to convey the maker's core values
to loved ones. Unlike a legal will, which specifies the disposition
of wealth and material possessions, an ethical will provide a way to
impart one's values, morals and beliefs to those they care about. For more information follow Ethical Will link.
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Family Law
Family law consists of a body of
laws related to domestic relations and family related issues. Family
law deals with the nature of marriage, civil unions, and domestic
partnership; issues arising during marriage, including spousal
abuse, legitimacy, adoption, surrogacy, child abuse, and child
abduction; the termination of the relationship and matters such as
divorce, annulment, property settlements, alimony, child custody and
visitation, child support and alimony awards. Family law consists of
a body of statutes and case precedents that govern the legal
responsibilities between individuals who share a domestic
connection. These cases usually involve parties who are related by
blood or marriage, but family law can affect those in more distant
or casual relationships as well. Due to the emotionally-charged
nature of most family law cases, litigants are strongly advised to
retain legal counsel. The vast majority of family law proceedings
come about as a result of the termination of a marriage or romantic
relationship. Family law attorneys help their clients file for
separation or divorce, alimony, and child custody, visitation, and
support. Spouses married a short time may seek an annulment, and
special rights may exist between same-sex couples. The division of
property at the end of a marriage is also a common issue in family
law cases. The issue of child custody is the most common dispute in
family court. As should be expected, parents are extremely concerned
with the safety, education, and overall wellbeing of their children.
Custody decisions become even more difficult following a divorce or
breakup, as parents tend to be distrustful of each other at these
times. Regardless of the state of affairs between the parents,
judges will always decide custody based on “the best interests of
the child.” For more information follow Family Law link.
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Family Trust
A family trust is a trust created
to benefit persons who are related to one another by blood,
affinity, or law. It can be established by a family member for the
benefit of the members of the family group. Family trusts acts as an
instrument to pass on the assets to future generations. A family
trust is a trust in which the beneficiaries are all members of the
same family. "Family" means the grantor, the grantor's spouse,
parents, grandparents, sisters, brothers, children, stepchildren,
grandchildren, and the spouses and lineal descendant of any of them,
and the grantor's and grantor's spouse's heirs under a statute of
descent and distribution. A family partnership or family trust also
includes charitable entities, other family partnerships and family
trusts of the grantor, and charitable remainder and charitable lead
trusts, if all the beneficiaries are charitable entities or members
of the grantor's family. For more information follow Family Trust link.
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FELA Railroad Injuries
The Federal Employers' Liability
Act (FELA) is the sole and exclusive remedy in an action brought by
a railroad employee against his employer. Generally, lawsuits
brought under the FELA may be brought in either state or federal
court. Although workers in other industries are covered by state
worker's compensation laws that restrict recovery to economic losses
only, the FELA typically allows railroad employees to recover other
damages, such as lost earnings, past and future, compensation for
pain and suffering, and payment for the employee's reduced ability
to earn a wage because of the injuries suffered. FELA awards are
generally much higher than those of workers’ compensation claims.
FELA uses the legal doctrine of “comparative negligence”. This means
that the jury determines the percentage of negligence for which each
party is liable and this establishes the percentage of the award to
be allocated to the worker. For more information follow FELA Railroad Injuries link.
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Fiduciary Duties
A fiduciary duty is a legal duty
to act solely in another party's interests. Parties owing this duty
are called fiduciaries. The individuals to whom they owe a duty are
called principals. Fiduciaries may not profit from their
relationship with their principals unless they have the principals'
express informed consent. They also have a duty to avoid any
conflicts of interest between themselves and their principals or
between their principals and the fiduciaries' other clients. A
fiduciary duty is the strictest duty of care recognized by the US
legal system. Examples of fiduciary relationships include those
between lawyer and client, a guardian and ward, and a director and
shareholders. For more information follow Fiduciary Duties link.
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Foreclosure
Foreclosure is the legal right of
a mortgage holder or other third-party lien holder to gain ownership
of the property and/or the right to sell the property and use the
proceeds to pay off the mortgage if the mortgage or lien is in
default. It is a concept that has existed for centuries.
In the past, the law had it that a mortgage default resulted in the
automatic ownership of the property by the holder of the mortgage
also referred to as the mortgagee. The forclosure law developed over
the years so as to allow mortgagors time to pay off mortgages before
their property was taken away. This process of taking away the
mortgagor’s property because of default is what constitutes
foreclosure. In US, numerous state laws and regulations govern
foreclosure to protect both the mortgagor and the holder of the
mortgage from unfairness and fraud. In the United States, although
states have their own variations, the basic premises of foreclosure
law remain the same. For more information follow Foreclosure link.
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Fraud
Fraud is generally defined in the
law as an intentional misrepresentation of material existing fact
made by one person to another with knowledge of its falsity and for
the purpose of inducing the other person to act, and upon which the
other person relies with resulting injury or damage. Fraud may also
be made by an omission or purposeful failure to state material
facts, which nondisclosure makes other statements misleading. To
constitute fraud, a misrepresentation or omission must also relate
to an 'existing fact', not a promise to do something in the future,
unless the person who made the promise did so without any present
intent to perform it or with a positive intent not to perform it.
Promises to do something in the future or a mere expression of
opinion cannot be the basis of a claim of fraud unless the person
stating the opinion has exclusive or superior knowledge of existing
facts which are inconsistent with such opinion. The false statement
or omission must be material, meaning that it was significant to the
decision to be made. Sometimes, it must be shown that the
plaintiff's reliance was justifiable, and that upon reasonable
inquiry would not have discovered the truth of the matter. For
injury or damage to be the result of fraud, it must be shown that,
except for the fraud, the injury or damage would not have occurred.
To constitute fraud the misrepresentation or omission must be made
knowingly and intentionally, not as a result of mistake or accident,
or in negligent disregard of its truth or falsity. Also, the
plaintiff must prove that the defendant intended for the plaintiff
to rely upon the misrepresentation and/or omission; that the
plaintiff did in fact rely upon the misrepresentation and/or
omission; and that the plaintiff suffered injury or damage as a
result of the fraud. Damages may include punitive damages as a
punishment or public example due to the malicious nature of the
fraud. For more information follow Fraud link.
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Grandchild Trust
A will or trust can provide that
each grandchild will receive a fixed amount. That amount may depend
on the size of the grandparent’s estate and the number of
grandchildren. Also, each grandparent can leave a bequest at his or
her death, or the bequest can be deferred until the death of the
surviving grandparent. Grandparents can also provide grandchildren
with gifts under the Uniform Gifts to Minors Act (UGMA) that qualify
for the gift tax annual exclusion. These gifts are irrevocable
because a custodian must be selected, and a successor may be
designated. For more information follow Grandchild Trust link.
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Guardianship
A guardianship is a legal
relationship created when a person or institution named in a will or
assigned by the court to take care of minor children or incompetent
adults. Sometimes called a conservatorship. To become a guardian of
a child either the party intending to be the guardian or another
family member, a close friend or a local official responsible for a
minor's welfare will petition the court to appoint the guardian. The
guardianship of a minor remains under court supervision until the
child reaches majority at 18. The judge does not have to honor the
request when someone is named in a will as guardian of one's child
in case of the death of the parent, it is construed as a preference,
but is usually honored. The term "guardian" may also refer to
someone who is appointed to care for and/or handle the affairs of a
person who is incompetent or incapable of administering his/her
affairs. Guardians must not benefit at the expense of those they
care for (wards), and in many cases are required to make accountings
to the court on a periodic basis. In some courts, a guardian may be
reimbursed for attorney fees related to the guardianship. Court
rules regarding accountings of expenses and requirements of
guardians vary and local court rules should be consulted. For more information follow Guardianship link.
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Harassment
Harassment continues to
plague many large or small businesses, private and government
organizations. Harassment is a complex matter. It can be as
simple as a pervasive, hostile working environment permeated with
sexual comments or conduct, which may include jokes, remarks, or
actions. It can be also a quid pro quo type of Harassment.
Quid pro quo Harassment occurs when a manager makes sexual
conduct of an employee a condition for continued employment. Sexual
harassment occurs whenever benefits or advancement are possible only
in exchange for sexual favors or acts. Harassment occurs
whenever is presented as a condition for avoiding adverse employment
actions. Harassment occurs whenever a manager threatens to
provide poor performance reviews or preclusion from advancement or
salary increases unless consenting to certain sexual acts. Lex Omni
Law Group attorneys can provide Harassment victims with
protection, compensation, peace of mind and restore victim’s
self-esteem. Lex Omni Law Group attorneys works with sexual
harassment victims and employers to restore a healthy work
environment. For more information follow Harassment
link.
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Healthcare Directive
An advance healthcare directive,
also known as living will, personal directive, advance directive, or
advance decision, is a legal document in which a person specifies
what actions should be taken for their health if they are no longer
able to make decisions for themselves because of illness or
incapacity. In the U.S. it has a legal status in itself, whereas in
some countries it is legally persuasive without being a legal
document. A living will is one form of advance directive, leaving
instructions for treatment. Another form is a specific type of power
of attorney or health care proxy, in which the person authorizes
someone (an agent) to make decisions on their behalf when they are
incapacitated. People are often encouraged to complete both
documents to provide comprehensive guidance regarding their care. An
example of combination documents includes the Five Wishes in the
United States. For more information follow Healthcare Directive link.
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Holographic Will
A holographic will is one that is
entirely written, dated, and signed in the handwriting of the
testator (person making the will), rather than typewritten or
printed. In some states, holographic wills are not required to be
signed by witnesses in order to be valid to pass property. Courts
have been lenient in trying to figure out some holographic wills
when questions arise, but judges will not rewrite a holographic will
to make it valid. A holographic will is probably the most risky
do-it-yourself estate plan because of the lack of guidelines
involved.
In order for any holographic will to be valid, it must meet the
following requirements: testamentary intent, testamentary capacity,
formality, and free from undue influence, fraud, mistake, or duress. For more information follow Holographic Will link.
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Hostile Work Environment
Hostile work environment exists
when one's behavior within a workplace creates an environment that
is difficult for another person to work in. Common complaints in
Harassment lawsuits include fondling, suggestive remarks,
sexually-suggestive photos displayed in the workplace, use of sexual
language or off-color jokes. Small issues, annoyances, and isolated
incidents typically are not considered to be illegal. To be
unlawful, the conduct must create a work environment that would be
intimidating, hostile, or offensive to a reasonable person. An
employer can be held liable for failing to prevent these workplace
conditions, unless it can prove that it attempted to prevent the
harassment and that the employee failed to take advantage of
existing harassment counter-measures or tools provided by the
employer. A hostile work environment may also be created when
management acts in a manner designed to make an employee quit in
retaliation for some action. For example, if an employee reported
safety violations at work, was injured, attempted to join a union,
or reported regulatory violations by management, and management's
response was to harass and pressure the employee to quit. Employers
have tried to force employees to quit by imposing unwarranted
discipline, reducing hours, cutting wages, or transferring the
complaining employee to a distant work location.
For more information follow Hostile Work Environment link.
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Identity Theft
Identity Theft is the crime of
obtaining the personal or financial information of another person
for the sole purpose of assuming that person's name or identity in
order to make transactions or purchases. Identity theft is
committed many different ways. Some identity thieves sift through
trash bins looking for bank account and credit card statements;
other more high-tech methods involve accessing corporate databases
to steal lists of customer information. Once they have the
information they are looking for, identity thieves can ruin a
person's credit rating and the standing of other personal
information. Many types of identity theft can be prevented. One way
is to continually check the accuracy of personal documents and
promptly deal with any discrepancies. Identity theft is a crime.
Identity theft and identity fraud are terms used to refer to all
types of crime in which someone wrongfully obtains and uses another
person's personal data in some way that involves fraud or deception,
typically for economic gain. Many people have reported that
unauthorized persons have taken funds out of their bank or financial
accounts, or, in the worst cases, taken over their identities
altogether, running up vast debts and committing crimes while using
the victims' names. In many cases, a victim's losses may include not
only out-of-pocket financial losses, but substantial additional
financial costs associated with trying to restore his reputation in
the community and correcting erroneous information for which the
criminal is responsible. For more information follow Identity Theft link.
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Immigrant - Immigration
Immigrant is an alien who has
been granted the right by the USCIS to reside permanently in the
United States and to work without restrictions in the United States.
Also known as a Lawful Permanent Resident (LPR). All immigrants are
eventually issued a "green card" (USCIS Form I-551), which is the
evidence of the alien’s LPR status. LPR’s who are awaiting the
issuance of their green cards may bear an I-551 stamp in their
foreign passports.
Immigrant visas are available for aliens (and their spouses and
children) who seek to immigrate based on their job skills. If an
alien has the right combination of skills, education, and/or work
experience and are otherwise eligible, the alien may be able to live
permanently in the United States. Per USCIS, there are five
employment-based immigrant visa preferences (categories): EB-1,
EB-2, EB-3, EB-4 and EB-5. For more information follow Immigrant - Immigration link.
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Insurance Fraud Law
Insurance fraud is An illegal act
on the part of either the buyer or seller of an insurance contract.
Insurance fraud from the issuer (seller) includes selling policies
from non-existent companies, failing to submit premiums and churning
policies to create more commissions. Buyer fraud includes
exaggerated claims, falsified medical history, post-dated policies,
viatical fraud, faked death or kidnapping, murder and much more.
Fraud may be committed at different stages in the insurance
transaction by different parties: applicants for insurance,
policyholders, third-party claimants and professionals who provide
services to claimants. Common frauds include "padding," or inflating
actual claims; misrepresenting facts on an insurance application;
submitting claims for injuries or damage that never occurred; and
"staging" accidents.
The Health Insurance Portability and Accountability Act contains
significant antifraud provisions focused on the health care system.
The Act targets fraud in federal programs such as Medicare but also
covers private health care, especially in defining the crime of
health care fraud. The Act makes "knowingly and willfully"
defrauding any health care benefit program a federal crime. It also
includes making false statements "in any matter involving a health
care benefit program," theft or embezzlement, obstruction of
investigations and money laundering.
The Violent Crime Control and Law Enforcement Act (1994) makes
insurance fraud a federal crime when it affects interstate commerce.
It provides, among other things, that people engaged in insurance on
an interstate basis who knowingly make false statements or
intentionally overvalue any aspect of their business with the intent
to deceive can be fined or imprisoned for up to 15 years. Insurance
company employees, including agents, who embezzle or misappropriate
any company funds, can be punished as well. The Act also expands the
charge of federal mail fraud to cover any illegal actions that use
private overnight delivery services (such as Federal Express) that
have been used in an attempt to circumvent the federal mail fraud
statutes.
Other laws dealing with insurance fraud are the federal mail fraud
statute, which prohibits the use of the U.S. Postal Service to
defraud or obtain money or property by means of false or fraudulent
pretenses, representation or promises, and the federal Racketeer
Influenced and Corrupt Organizations (RICO) statute and state laws
patterned on the federal statute. RICO statutes are often used to
prosecute insurance fraud cases, particularly those involving mail
fraud. In addition to criminal penalties, RICO statutes may provide
for civil actions (with triple damages) against those involved
directly or indirectly in a "pattern" of criminal activity. For more information follow Insurance Fraud Laws link.
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Insurance Trust
A life insurance trust is an
irrevocable, non-amendable trust which is both the owner and
beneficiary of one or more life insurance policies.[1] Upon the
death of the insured, the Trustee invests the insurance proceeds and
administers the trust for one or more beneficiaries. If the trust
owns insurance on the life of a married person, the non-insured
spouse and children are often beneficiaries of the insurance trust.
If the trust owns "second to die" or survivorship insurance which
only pays when both spouses are deceased, only the children would be
beneficiaries of the insurance trust.
An irrevocable trust set up with a life insurance policy as the
asset, allowing the grantor of the policy to exempt asset away from
his or her taxable estate. Once the life insurance policy is placed
in the trust, the insured person no longer owns the policy, which
will be managed by the trustee on behalf of the policy beneficiaries
when the insured person dies. The insurance trust, or irrevocable
life insurance trust (ILIT), is often used to set aside cash
proceeds that can be used to pay estate taxes, as the life insurance
policy should be exempt from the taxable estate of the decedent.
The life insurance policy must be transferred to the trust at least
three years before the death of the insured. To get around this
rule, a new policy can be taken out with a spouse as owner, then
placed in the trust. As an irrevocable trust, changes can only be
made by beneficiaries; the owner gives up all control to the
trustee. If the size of the taxable estate is below the maximum
exclusion figure, it is generally not necessary to set up an
insurance trust; in this case the life insurance will be included in
the decedent's taxable estate. For more information follow Insurance Trust link.
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Irrevocable Trust
Irrevocable trust is a
trust that can't be modified or terminated without the permission of
the beneficiary. The grantor, having transferred assets into the
trust, effectively removes all of his or her rights of ownership to
the assets and the trust. This is the opposite of a "revocable
trust," which allows the grantor to modify the trust. The main
reason for setting up an irrevocable trust is for estate and tax
considerations. The benefit of this type of trust for estate assets
is that it removes all incidents of ownership, effectively removing
the trust's assets from the grantor's taxable estate. The grantor is
also relieved of the tax liability on the income generated by the
assets. While the tax rules will vary between jurisdictions, in most
cases, the grantor can't receive these benefits if he or she is the
trustee of the trust. The assets held in the trust can include, but
are not limited to, a business, investment assets, cash and life
insurance policies. For more information follow Irrevocable Trust link.
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Intellectual Property Law
Intellectual property law deals
with the rules for securing and enforcing legal rights to
inventions, designs, and artistic works. Just as the law protects
ownership of personal property and real estate, so too does it
protect the exclusive control of intangible assets. Patents give
inventors the right to use their product in the marketplace, or to
profit by transferring that right to someone else. Depending on the
type of invention, patent rights are valid for up to 20 years.
Trademarks protect symbols, names, and slogans used to identify
goods and services. The purpose is to avoid confusion, deter
misleading advertising, and help consumers distinguish one brand
from another. Since the goal is to distinguish, generic or purely
descriptive marks may not qualify. Rights can potentially last
forever, and they are obtained by simply using a mark. Copyrights
apply to writings, music, motion pictures, architecture, and other
original intellectual and artistic expressions. Protection is not
available for theories or ideas, or anything that has not been
captured in a fixed medium. The act of creation itself produces a
copyright and unpublished works are still protected. Use of a
copyright symbol and date is common, but not mandatory. Most
copyrights are valid for the creator’s lifetime, plus 70 years. For more information follow Intellectual Property Law link.
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Intestate - Intestacy Law
Intestate term is used in regard
to a person that died without a testament. Intestate means not
having made a legally valid will prior to death; when used in regard
to property, intestate means not effectively disposed of by a
legally valid will. A decedent’s estate is the property in the
aggregate of a deceased person. If a decedent died intestate, then
the decedant’s estate is wholly intestate. If the decedent died
testate and the decedent’s will effectively disposes of all the
decedent’s property, then the decedent’s estate is wholly testate.
If, however, the decedant died testate, but the decedent’s will
disposed of less than all of the decedent’s property, then the
decedent’s estate comprises both a testate estate, which is
distributed in accordance with the decedent’s will, and an intestate
estate, which is distributed in accordance with the applicable
state’s law of intestate succession. Intestacy is the condition of
having died without a valid will. The person dies without making a
will and leaving behind property greater than the total amount of
funeral expenses and enforceable debts. The law dealing with
intestacy is known as the intestacy law, the law of descent and
distribution or intestate succession statutes. It refers to the body
of law that determines who is entitled to the property from the
estate under the rules of inheritance. In such a case if the dead
person has property it will be distributed according to law of
descent and distribution. Since there is no executor named in the
will, the estate is administered legally by a close relative, spouse
or a public administrator. Administrator is chosen by the court
having jurisdiction over the decedent's property, and is normally a
person nominated by a majority of the decedent's heirs. Intestacy
law varies from state to state. For more information follow Intestate - Intestacy Law link.
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Living Trust
A Living Trust or Revocable Trust
(also referred to as a Revocable Living Trust) is a type of Trust in
which the Grantor retains the right during his/her lifetime to
amend, change, revoke or terminate the Trust within his/her sole
discretion. The assets funded into a Revocable Trust will still be
considered the Grantor’s own personal assets for creditor and estate
tax purposes. Therefore, it offers no credit protection from legal
judgments and all assets held in the name of the Trust at the time
of the Trustor’s death will be subject to both state and federal
estate taxes. A typical Revocable Living Trust becomes irrevocable
when the Grantor dies, and can also be designed to break into
separate Irrevocable Trusts for the benefit of a surviving spouse,
or into multiple Irrevocable Lifetime Trusts for the benefit of
children or other Beneficiaries. For more information follow Living Trust link.
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Living Will
A Living Will is a document that
allows a person to explain in writing which medical treatment he or
she does or does not want during a terminal illness. A terminal
illness is a fatal illness that leads ultimately to death. A Living
Will takes effect only when the patient is incapacitated and can no
longer express his or her wishes. The will states which medical
treatments may be used and which may not be used to die naturally
and without the patient’s life being artificially prolonged by
various medical procedures. Although the term Living Will may
indicate that it is a Will, in reality, it is more similar to a
Power of Attorney than a Will. For more information follow Living Will link.
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Loan Modification
A loan modification is a
modification to an existing loan made by a lender in response to a
borrower's long-term inability to repay the loan. Loan modifications
typically involve a reduction in the interest rate on the loan, an
extension of the length of the term of the loan, a different type of
loan or any combination of the three. A lender might be open to
modifying a loan because the cost of doing so is less than the cost
of default. A loan modification agreement is different from a
forbearance agreement. A forbearance agreement provides short-term
relief for borrowers who have temporary financial problems, while a
loan modification agreement is a long-term solution for borrowers
who will never be able to repay an existing loan. For more information follow Loan Modification link.
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Harbor Workers
Compensation Act
Longshore and Harbor Workers
Compensation Act -The Longshore and Harbor Worker's Compensation Act
covers maritime employees who are not seamen but who are injured
during maritime employment on navigable waters. Maritime employment
includes loading, unloading, building and repairing vessels. Those
injured on docks, piers, wharves or bridges are covered by the Act.
Unlike maritime laws governing seamen, the Act provides workers'
compensation benefits that do not depend on finding the employer at
fault. The Act provides medical and disability benefits as well as
rehabilitation services and death benefits to survivors. Diseases
that "arise naturally" from marine employment are included under the
Act. A formal claim for benefits must be filed with the Department
of Labor within one year of the injury. Claims may also be made
against a vessel's owner if the injury occurred on the vessel.
Unseaworthiness claims, reserved for seamen, may not be filed under
the Act.For more information follow Longshore and Harbor Workers Compensation Act link.
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Marital Trust -
Credit Shelter Trust
The marital trust is generally
funded with assets that exceed the amount transferable to a Credit
Shelter Trust. The marital trust is generally not taxed in the
donor’s estate because it qualifies for the marital deduction, if
all conditions are met. However, it is subject to estate taxes at
the death of the surviving spouse. The surviving spouse must receive
all income for life and must have a general power of appointment
(ability to direct principal for one’s own benefit or for the
benefit of another).In many ways, establishing a marital trust for
the surviving spouse is similar to leaving the assets outright.
However, with a power of appointment, the surviving spouse has the
ability to use the assets of this trust for any purpose and can
deplete this trust if he or she chooses. There are no guarantees
that there will be any assets for the remaining beneficiaries at the
surviving spouse’s death. Also, the surviving spouse has complete
control and can distribute assets to different beneficiaries. Estate
planning offers individuals with significant assets the opportunity
to reduce or eliminate the taxable value of their estate, while at
the same time providing financially for their family, friends and
important charities. Credit shelter trusts are becoming increasingly
popular as an estate planning tool. Two of the more popular trusts
are the Qualified Terminable Interest Property trust (QTIP) and the
marital gift trust. Both of these trusts are considered credit
shelter trusts because they preserve the estate tax exemption of the
donor to be utilized at a later date by the trust beneficiaries.
Thus, individuals can direct the division of their estate in a
manner that reduces the overall amount of estate tax paid. For more information follow Marital Trust - Credit Shelter Trust link.
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Medicaid Planning
Medicaid Asset Protection Trust.
Trusts can be used to protect real estate, cash, other financial
assets, and even valuable tangible assets such as art or jewelry.
For example, if you own bank accounts, certificates of deposit and
securities, Medicaid will insist you use almost all of these to pay
for your care before it provides even a dollar of benefits. By
transferring these financial reserves to a trust, they can no longer
be regarded as your "resources" for Medicaid purposes. The assets in
the trust will be protected. Irrevocable Medicaid Trusts can be
structured so that the income generated from the assets in the trust
will be paid to you. That means the income can be spent to help
maintain the lifestyle you've worked hard to create. While you will
have no right to access or demand principal from the trust, your
trustees can be given the discretion to distribute principal to
beneficiaries who can use this money for your benefit.If the trust
holds title to your home, you will still have the right to live
there for the rest of your life, or in another residence that the
trust might purchase in the future. Of course, if you own a co-op
apartment, permission of the co-op Board of Directors must first be
obtained before you can transfer your co-op shares and proprietary
lease into the trust. Aside from protecting your assets from Medicaid
eligibility requirements, transferring assets to a trust is almost
always preferable to transferring money to children directly. Here's
why. Most trusts protect the money from exposure to future
creditors, lawsuits and legal liability. If a child is holding your
money, and gets into an auto accident and is at fault, suffers a
business failure or a divorce, or even dies before you, the money
could be exposed to potential loss. Money placed in most trust
structures will be better protected than funds held by individuals. For more information follow Medicaid Asset Protection Trust link.
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Medical
Malpractice
Medical malpractice is a legal
term that refers to negligence by an act, or failure to act, by a
doctor or other healthcare provider. When a medical professional’s
treatment fails to meet the accepted standard within the medical
community, and it causes injury to, or death of, the patient, it is
considered to be malpractice. Medical malpractice is a very serious
charge, though the laws governing it vary depending on the
jurisdiction. The failure of a medical professional to exercise an
accepted level of skill or learning in rendering treatment, which
results in injury, loss, or damage to the patient. A dereliction of
professional duty by a physician or other medical professional,
through despicable ignorance, gross negligence, or criminal intent.
There are many errors that may occur in medical treatment, some by
sheer mistake or the difficulty in determining what ails a patient
in some circumstances. Other errors, however, happen when medical
professionals fail to pay close attention, don’t put enough thought
and effort into correctly diagnosing a patient’s condition, or when
inattention or neglect lead to the wrong treatment. Unlike similar
errors made by a plumber, mistakes made by a doctor may lead to
serious injury or even death of a patient.
With that in mind, simple mistakes, or patients unhappy with the
results of their treatment do not necessarily add up to malpractice.
In order to be successful in claiming medical malpractice,
negligence must have occurred. In order to determine whether a
mistake lends a valid reason for a medical malpractice lawsuit, the
mistake of the doctor is compared to how other competent doctors
would have handled the same situation. If another reasonable doctor,
knowing the same facts, would have not made the same error, the
treating doctor is liable for medical malpractice. For more information follow Medical Malpractice link.
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Mediation -
Arbitration
Mediation is a method of
resolving issues between two or more parties without resulting to
litigation. Mediation makes use of a neutral third party, a
“mediator,” to help guide the parties to the dispute toward a
solution that all can agree to. Most commonly, mediation is a
voluntary method of alternative dispute resolution, but on occasion,
the court may order the parties to attend mediation. To explore this
concept, consider the following mediation definition. The mediating
by a neutral third party, between two or more parties to a dispute,
in order to reach an agreement. Mediation is defined as the attempt
to settle a dispute through a neutral third party. Mediation is a
structured process that allows people to negotiate the issues with a
hands-on approach. The mediator serves somewhat as a referee as the
parties exchange information, needs, and ideas. The mediator also
helps the parties with the bargaining process, where cooler heads
prevail. Mediation is commonly used in family law matters, such as
divorce and child custody, but it is also used in other civil cases.
Mediation and arbitration have a number of similarities, as both
provide alternatives to litigation. Both methods of alternative
dispute resolution may also be used in conjunction with litigation,
allowing the parties to continue their attempt to reach a
resolution, while the case continues toward trial. In the event a
settlement agreement is reached, the trial may be cancelled. For more information follow Mediation - Arbitration link.
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Mergers and
Acquisitions
Mergers and Acquisition (M&A) Law
deals with the laws affecting the purchase of one company by another
(an acquisition), or the blending of two companies into a new entity
(a merger). Merger. A merger is a process by which two companies join
and one new company continues to exist. Also called a consolidation,
a merger occurs when two companies combine together to form a new
enterprise altogether, and neither of the previous companies remains
independently. Acquisitions involve a process by which one company
acquires the assets of another company. An acquisition, or takeover,
is the purchase of one business or company by another. Acquisitions
are usually divided into either "private" and "public" acquisitions.
The distinction depends on whether the stocks of the target company
is publicly traded or not. Acquisitions can also be categorized as
“friendly” or “hostile” depending on how the target company
perceives the acquirer. For more information follow Mergers and Acquisition link.
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Mesothelioma
Mesothelioma is caused by asbestos exposure
that can happen at
workplace or at homes. If products containing asbestos are
disturbed, tiny asbestos fibers are released into the air. When
asbestos fibers are breathed in, they may get trapped in the lungs
and remain there for a long time. Over time, these fibers can
accumulate and cause scarring and inflammation, which can affect
breathing and lead to serious health problems.
Asbestos has been classified as a known human carcinogen (a
substance that causes cancer) by the U.S. Department of Health and
Human Services, the EPA, and the International Agency for Research
on Cancer. Studies have shown that exposure to asbestos may increase
the risk of lung cancer and mesothelioma a relatively rare cancer of
the thin membranes that line the chest and abdomen. Although rare,
mesothelioma is the most common form of cancer associated with
asbestos exposure. In addition to lung cancer and mesothelioma, some
studies have suggested an association between asbestos exposure and
gastrointestinal and colorectal cancers, as well as an elevated risk
for cancers of the throat, kidney, esophagus, and gallbladder. For more information follow Mesothelioma link.
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Minors Trust
Minor’s trust is a trust with
only one beneficiary, who is a minor. It is a trust whereby asset
management is provided until a child reaches the age of majority.
Upon reaching majority, the child has full use and control over the
assets. The grantor of the trust cannot receive any income from the
assets held in the trust. All undistributed income is taxed at trust
rates, which are low. This type of trusts allows the grantor to
control the time at which the minor gets access to the assets given
to him or her. Minor’s trusts are also known as 2503(C) trusts as
the requirements for the trust are set forth in Internal Revenue
Code (26 USCA) § 2503(c). For more information follow Minors Trust link.
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Nursing Home Abuse of Residents
There are federal and state laws
to protect residents of nursing homes against abuse, neglect and
exploitation. Adult Protective Services may investigate reported
abuse. Generally, abuse or neglect is considered a criminal offense
and there is often a civil cause of action for abuse, neglect or
exploitation of nursing home residents. Consumer protection statutes
may provide a statutory duty of care for residents of a nursing or
care facility.The rights of nursing home patients are protected
under the federal law known as the Nursing Home Reform Act (NHRA).
The NHRA, is codified at 42 U.S.C. §§1395i-3 and 1396r. The law
requires nursing homes to promote and protect the rights of each
resident and places a strong emphasis on individual dignity and
self-determination. Nursing homes must meet residents' rights
requirements to participate in the Medicare and Medicaid programs.
NHRA and regulations provide the following rights to residents of
nursing homes: Rights to Self-Determination, Personal and Privacy
Rights, Rights to Be Free of Abuse and Restraints, Rights to
Information, Rights to Visits, Transfer and Discharge Rights,
Protection of Personal Funds, Protection Against Medicaid
Discrimination. Physical abuse is the most prevalent type of elder
abuse, senior citizens are also suffering emotional abuse, neglect,
and financial exploitation as well as: Medications not being
administered or administered improperly, Soiled clothing or bed
linens, Unsanitary living conditions, Malnourishment/dehydration,
Some of the more common signs of physical abuse of the elderly are:
Unexplained bruises and cuts, Torn or bloody clothing, Broken bones,
Emotional abuse of the elderly may include: Intimidation through
yelling and threats, Humiliation, Ignoring the patient, Isolating
the patient from other residents and/or activities, Terrorizing the
patient, Mocking the patient.Financial exploitation is the most
common form of non-physical abuse of the elderly by Misuse the
elder’s checks, accounts, or credit cards, Stealing money, stealing
checks, or stealing belongings, Forging signatures, Authorizing
withdrawals or transfers of monies, Stealing the patient’s identity. For more information follow Nursing Home Abuse of Residents link.
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Nursing Home Injuries
Physical abuse is the most
prevalent type of elder abuse, senior citizens are also suffering
emotional abuse, neglect, and financial exploitation as well as:
Medications not being administered or administered improperly,
Soiled clothing or bed linens, Unsanitary living conditions,
Malnourishment/dehydration,
Some of the more common signs of physical abuse of the elderly are:
Unexplained bruises and cuts, Torn or bloody clothing, Broken bones,
Emotional abuse of the elderly may include: Intimidation through
yelling and threats, Humiliation, Ignoring the patient, Isolating
the patient from other residents and/or activities, Terrorizing the
patient, Mocking the patient. For more information follow Nursing Home Injuries link.
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Occupational Disease
An occupational disease arises
from the conditions to which a specific type of worker is exposed.
The disease must be produced as a natural incident of a particular
occupation, such as asbestosis from asbestos removal. A person
disabled by a work-related occupational disease receives the same
benefits as for an on-the job injury. However, the time limit for
filing a claim is the later of two dates: Two years from the date of
the disabled worker's disability; or Two years from the time the
disabled worker knew or should have known that the disease was due
to the nature of employment. (In the case of death, the dependents
must file within the stated time limits). When a worker becomes ill
from an occupational disease, he/she may be disabled even if there
is no lost time from work. For purposes of determining the
employee's right to benefits, the date of disablement is determined
by a Workers' Compensation Law Judge.Occupational Hearing Loss In
the event of occupational loss of hearing, other time limits apply.
The waiting period for a worker to file a claim is his/her choice
of: Three months from the date the worker is removed from the
harmful noise in the workplace; or Three months after leaving the
employment in which the exposure to the harmful noise occurred. The
last day of either 3-month period is considered the date the
disability began. The worker may file beyond the two-year limit, if
it is done within ninety days of knowledge that the hearing loss is
related to his/her employment. For more information follow Occupational Disease link.
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Personal Injury Law
Personal injury law refers to the
legal remedies and defenses involved in civil lawsuits brought as a
result of wrongful conduct. Most personal injury cases are based on
the doctrine of negligence. In essence, negligence requires every
member of society to act responsibly and avoid putting others at
risk. That is not to say that negligence will result each time
someone gets hurt. The doctrine recognizes that some accidents are
unavoidable. To establish liability, the plaintiff must show that a
reasonably prudent person in the defendant’s position would have
acted differently under the circumstances. Examples of negligence
include car accidents caused by drunk drivers, medical complications
resulting from a physician’s carelessness, and dog bites that occur
when vicious animals are permitted to roam free. In each instance,
the responsible party ignored the risk posed to others, and as a
result, the plaintiff was injured.
Once negligence has been established in a personal injury case, the
defendant must pay the plaintiff for all injuries caused by the
defendant’s actions. Certain types of damages are easy to calculate,
such as property damage and medical bills. For other types, such as
emotional distress and loss of earning capacity, expert testimony
may be required. Punitive damages, meant to punish and deter
particularly egregious conduct, may also be available. For more information follow Personal Injury Law link.
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Product Liability
Products liability refers to the
liability of any or all parties along the chain of manufacture of
any product for damage caused by that product. This includes the
manufacturer of component parts, an assembling manufacturer, the
wholesaler, and the retail store owner. Product liability suits may
be brought by the consumer or someone to whom the product was
loaned. While products are generally thought of as tangible personal
property, products liability law has stretched that definition to
include such items as gas, pets, real estate, and writings. Products
liability claims can be based on negligence, strict liability, or
breach of warranty of fitness depending on the jurisdiction within
which the claim is based. In a strict liability theory of liability,
the degree of care exercised by the manufacturer is irrelevant, as
long as the product is proven to be defective, they will be held
liable for the harm resulting from the defect. For more information follow Product Liability link.
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Public
Transportation Accidents
Public transportation accidents
law or Bus Accident Law falls under common carrier law, because
buses offer transportation services to people as part of a business.
A common carrier is an individual or business that transports
people, goods, or services for a fee, and offers its services to the
general public under license or authority provided by a regulatory
governmental body. Common carriers can be private companies or
public entities. These laws are regulated on the local, state and
federal level. The Federal government regulates common carriers that
transport passengers or cargo across state lines under the
Interstate Commerce Act, and individual states regulate travel
within a state. Other modes of transportation that fall under
the category of common carrier include school buses, taxis, trains,
light-rail, trolleys, cable cars, tour boats, cruise ships, ferries,
airplanes, airport shuttles, and, in some states, limousines.
Common carriers have a legal responsibility to show a higher duty of
care since they offer their services to the public for a fee. While
non-commercial drivers must operate under reasonable care, a common
carrier must use the highest degree of care and vigilance for the
safety of its passengers, and the public. Failure to adhere to that
higher duty of care can be considered negligence. Therefore, if you
are a bus passenger and injured as the result of an accident,
special rules apply. If a bus accident is due to the negligence of
the carrier; such as speeding, fatigue, maintenance failures, tire
failures, or inadequate bus driver training; the carrier is liable
for damages under personal injury or wrongful death tort law. When
minor children, ill or disabled persons are injured as passengers on
a bus, special rules may apply as well. For more information follow Public Transportation Accidents Bus Accidents Law link.
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Pre-existing Conditions
A pre-existing condition is a
condition that existed prior to the current condition, and is
commonly used in the context of insurance and personal injury
claims. Under insurance contracts, there may be an exclusion for
certain conditions that existed prior to or at the time of entering
into the contract. Also, a failure to disclose a prior condition on
an insurance application may preclude its coverage after acceptance
as an insured. In tort law, a person claiming to be injured as the
result of another's negligence must show a causal connection between
the negligent act and injury suffered. A defendant may use a
plaintiff's pre-existing condition to rebut this element of
causation. If the defendant can show that the injury is due to the
some prior cause, or only exacerbated a previous injury, the
defendant's liability can be avoided or mitigated. For more information follow Pre-existing Conditions link.
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Personal Injury
Damages
Damages in personal injury cases
are typically divided into two broad categories: economic and
non-economic damages. Economic or monetary damages include: Medical
bills resulting from the victim’s injuries, including past, present
and future invoices, Expenses related to rehabilitation, Lost income
and wages resulting from the victim’s injuries, Loss of future
income or ability to earn income and other direct expenses stemming
from the accident. Another type of economic damage is property
damage. Property damage might occur, for instance, if a victim’s
vehicle was damaged or destroyed during a car accident. Generally,
the value of property damage is measured by the reasonable cost of
repairing the property, or in the case of a total loss of the
property, the fair market value of the property at the time of loss.
Non-economic damages in personal injury cases include mental and
physical pain and suffering, permanent physical impairment,
disability, disfigurement, and loss of enjoyment of life. Since
these losses are non-economic, your Boca Raton injury attorney can
advise you that the value of such damages varies considerably from
case to case. A damage expert can help calculate the value of these
losses and, if a personal injury case reaches trial, it is up to the
jury to determine the value of these types of claims based on the
evidence in the case, including expert testimony.
For more information follow Personal Injury Damages link.
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Partnership & LLC
Law
The California Revised Uniform
Limited Liability Company Act was effective January 1, 2014 and is
codified as new Title 2.6 of the California
Corporations Code starting at Section 17701. The new law
incorporates a more robust set of default rules that apply if the
LLC operating
agreement is silent. It is intended to bring California LLC law more
in line with the LLC laws of other states, making it easier for
multi-state
businesses to operate both inside and outside of California.
The transition provisions of the new law provide that the old law
continues to govern all contracts, including operating agreements,
entered
into by an LLC, its members or managers prior to January 1, 2014,
making it seem as if the new law will not affect existing operating
agreements
entered into prior to that date. However, the new law also provides
that any acts taken by an LLC, its members or managers on or after
January
1st, will be governed by the new law rather than the prior law. As
such, the new law is seemingly unclear as to which law will apply to
operating agreements adopted prior to January 1st, but amended after
that date. Would just the amendment be governed by the new law? By
virtue
of amending the operating agreement, does the entire operating
agreement now come under the scope of the new law? The answer is
that it is
unclear. This is the crux of many of the criticisms of the new law
as business persons and lawyers try to understand and cope with the
changes.
As a result, LLC members and managers should consult with their
corporate counsel to avoid unwanted consequences that may be brought
on by the
new law. For more information follow Partnership & LLC Law link.
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Per Capita Distribution Law
Per capita is a Latin term
meaning Latin for "by head," meaning to be determined by the number
of people. Per capita is a type of distribution under a last will.
This means that if, one beneficiary dies, a gift or bequest that
would have gone to that person will be divided equally among the
other living beneficiaries of the same generation. For more information follow Per Capita Distribution Law link.
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Per Stirpes Distribution Law
Per stirpes is a Latin term
meaning "by roots," or by representation. The term is often used in
wills and trusts to describe how to carry out a distribution when a
beneficiary dies before the person whose estate is being divided.
Under per stirpes distribution, children take among them the share
which their parent would have taken had he survived the decedent.
The children stand in a representative capacity to their parents.
Per stirpes distribution may take place under a will or if a person
dies without a will (intestate). State laws of descent and
distribution govern intestate distribution and describe any per
stirpes distribution that may take place a person in the line of
descent is deceased and their children are able to step into their
place in the line of inheritance. For more information follow Per Stirpes Law link.
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Pet Trust
A pet trust is a way to set aside
funds for the continued care and upkeep of ones pets. Pet owner can
leave as much money as they want for the care of a pet. owners will
need to appoint a trustee to oversee the funds and to take care of
the pets. A pet trust is available no matter how many pets there
are. there can be more than one pet trust, if owner wants to leave
different pets with different care-givers. Pet trust is however the
best way to ensure that the pets continue to get the same care as
they do now. It is not good enough to merely name someone to care
for the pets in final will. Owner should give the care-giver i.e.
the trustee of the pet trust the necessary funds to care for the
pets. For more information follow Pet Trust link.
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Power of Attorney
A power of attorney is an
instrument containing an authorization for one to act as the agent
of the principal that terminates at some point in the future either
by its terms or by operation of law such as death of the principal
or agent. They are also called letters of attorney. The person
appointed is usually called an Attorney-in-Fact. A power of attorney
which doesn't provide for a successor attorney-in-fact to be
appointed will terminate at the death of the attorney-in-fact. The
person making the power of attorney appointment is called the
principal. A power of attorney can be either general, durable or
limited. Some states have adopted a statutory power of attorney.
Other specific types of power of attorneys include: Health Care
Power of Attorney, Power of Attorney for Care and Custody of
Children, Power of Attorney for Real Estate matters and Power of
Attorney for the Sale of a Motor Vehicle. Power of attorney
requirements vary by state, but typically are signed by the
principal and need to be witnessed and notarized. For more information follow Power of Attorney link.
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Probate Law
Probate is the legal process that
takes place after someone dies. It involves the judicial
determination of whether a Will is valid and the process of
settling/administering an estate under the supervision of the
probate court. Administering an estate is the process by which
assets are gathered, applied to pay debts, taxes and expenses of
administration, and distributed to those designated as Beneficiaries
in the Will. The Executor or Personal Representative named in the
Will is in charge of the process. If no formal probate process is
required, the court does not appoint an estate administrator.
Rather, a close relative or friend serves as an informal estate
representative, and often more than one person shares the
responsibility of paying debts, filing a final income tax return and
distributing property to the decedent’s Beneficiaries/Heirs. Probate
law generally provides for partial distribution during the
administration process. Many attorneys encourage probate avoidance
techniques due to the perception of long and costly probate process.
However, most states allow a certain amount of property to pass free
of probate, and many states now offer simplified or streamlined
probate processes for qualifying estates. The Uniform Probate Code (UPC)
was created to modernize probate law and probate administration and
to encourage the uniformity of probate codes in all states. For more information follow Probate Law link.
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Probate Avoidance Before Death
Probate is required when there is
no other mechanism provided by law for transferring ownership of a
decedent’s assets from the decedent to decedent’s intended
beneficiaries. The probate process is generally completed when title
to the asset is changed into the name of the intended beneficiary
through the court’s final order for distribution. The probate
process can be thought of as simply the last option for transferring
title from the decedent to the intended beneficiaries, when no other
options work. (See California Probate Code §7001).
The legal mechanisms available for transferring ownership of an
asset outside of probate (i.e., avoiding probate) in California can
generally be summarized as follows: By operation of law, including
by right of survivorship and the Multi-Party Account Laws.By
contract including beneficiary designation; By trust; and By summary
probate procedure. For more information follow Probate Avoidance Before Death link.
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Revocable Living Trust
A revocable trust is a trust
whereby provisions can be altered or canceled dependent on the
grantor. During the life of the trust, income earned is distributed
to the grantor, and only after death does property transfer to the
beneficiaries. This type of agreement provides flexibility and
income to the living grantor; he or she is able to adjust the
provisions of the trust and earn income, all the while knowing that
the estate will be transferred upon death. A Revocable Living Trust,
also simply called a Living Trust, is a legal document that is
created by an individual, called a Trustmaker, to hold and own the
Trustmaker's assets, which are in turn invested and spent for the
benefit of the Trustmaker as the Beneficiary by a Trustee. In most
cases, the Trustmaker will also be the Trustee, although some
wealthy individuals may choose to have an institution manage their
trust property. A Revocable Living Trust covers three phases of the
Trustmaker's life - while the Trustmaker is alive and well, if the
Trustmaker becomes mentally incapacitated, and after the Trustmaker
dies. While the Trustmaker is alive and well, the trust agreement
will have specific provisions allowing the Trustmaker to manage,
invest, and spend the trust assets for his or her own benefit. Thus,
the Trustmaker will go about business as usual with regard to assets
that have been funded into the trust, except that the Trustmaker
will sign as the "Trustee" instead of as an individual. The
Trustmaker will also be able to use his or her own Social Security
Number as the taxpayer identification number for the trust and file
income taxes on IRS form 1040 instead of form 1041. If The
Trustmaker Becomes Mentally Incapacitated The trust agreement will
also specify one or more procedures to be followed if the Trustmaker
becomes mentally incapacitated. If the Trustmaker is determined to
be mentally incompetent and can no longer properly serve as Trustee,
then the trust agreement will name a successor "Disability Trustee"
to take over the management and investment of the trust funds from
the Trustmaker. The Disability Trustee will then be able to take
care of and manage all of the Trustmaker's finances (assuming all of
the Trustmaker's assets have been funded into the trust) and pay the
Trustmaker's bills. When the Trustmaker dies, the 'Administrative"
or "Successor Trustee" will be able to step in and pay the
Trustmaker's final bills, debts, and taxes. The trust agreement will
then contain instructions about who will receive the balance of the
trust funds after all of the bills have been paid and the
Administrative Trustee will distribute the balance accordingly.
Since the assets funded into a Revocable Living Trust during the
Trustmaker's lifetime will no longer be owned by the Trustmaker but
by the Trustee of the trust, there will be no need for the trust
assets to be probated when the Trustmaker dies. Instead, the
Administrative Trustee can proceed with settling the trust outside
of probate and without any court supervision or interference. For more information follow Revocable Living Trust link.
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Retirement Trust
If there are significant assets
in an IRA, then owner should consider setting up a special type of
revocable living trust that is designed to be the beneficiary of the
IRA after owner's death. This type of trust is referred to by
several different names, including an IRA Trust, IRA Living Trust,
IRA Inheritor's Trust, IRA Stretch Trust, IRA Inheritance Trust or
Standalone Retirement Trust. In general IRAs are protected from the
claims of creditors with regard to the IRA account owner while he or
she is living. However, once the IRA account owner dies and the IRA
assets get into the hands of an individual beneficiary, in most
states the IRA assets will lose their protected status. On the other
hand, IRA assets passing into a subtrust created for the benefit of
an individual beneficiary under the terms of an IRA Trust will be
protected from creditors, predators, lawsuits and divorcing spouses
as long as the funds remain inside of the trust and can only be
distributed in the discretion of the Trustee. For more information follow Retirement Trust link.
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Real Estate
Transfers
Real estate ownership can be
transferred to family members as follows: Joint Ownership. Joint
owned property is often used by people who have developed no estate
plan at all, as well as by those with a more comprehensive estate
plan. For couples who own the family home together, they typically
do so in joint tenancy with the right of survivorship. This allows
each spouse to own the home at the same time while the surviving
spouse automatically inherits the property upon the death of the
other spouse. Will Transfer. A Will allows you to transfer your
family home to an heir directly or indirectly. You can use a
testamentary trust, for example, or transfer it directly to one heir
for his or her lifetime and another after the first heir dies. The
will must be explicit in how you wish to transfer the property, and
it may take some time for the ownership to transfer through the
probate process. Trust Transfers. Transferring a family home to a
Trust gives you greater flexibility in how you wish to transfer the
home to your heirs. You can, for example, place conditions on the
transfer, such as stating that your child will only inherit the
property when he or she graduates from college. For more information follow Real Estate Transfers link.
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Real Estate Law
Real Estate and Property Law
covers an extensive legal area, which is regulated by federal and
state statutes, as well as common law. Many aspects of this area
overlap with contract law. The terms “real estate”, “realty” and
“real property” are generally used interchangeably, although many
people associate “real estate” more closely with the structures or
buildings and the land. However, real property/real estate
encompasses more than just the obviously tangible aspects. It
comprises land and that which is attached to or belongs with the
land, such as the immovable structures like buildings, houses,
trees, bushes and minerals permanently affixed to the land, But it
also consists of the interests, benefits and rights that are legally
considered attached to the real property, which can include certain
rights to the air above the land, to drill in the ground beneath it,
rights to live on the property for a specific timeframe or to
acquire the real property in the future, and more. The practice area
of real estate and property law deals with a variety of related
issues, including the following: rights and interests in real estate
and real property; sales, purchases and other transfers of real
estate and real property; legal aspects of rental property and
landlord issues; tenants’, renters’ and homeowners’ rights; title to
real property; settlement of claims against property rights;
property development; zoning and land use; related agriculture
issues; home loans and foreclosures; and various other relevant
topics. This is a complex practice area, further complicated by the
significant inconsistency in the laws throughout different cities
and states. Real estate attorneys are versed in many different
activities, from the mundane drafting of deeds and filing of liens,
to handling boundary and zoning disputes and even assisting families
in court when threatened with foreclosure. For more information follow Real Estate Law link.
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Real Estate Section 1031 Exchanges
Owners of investment and business
property may qualify for a Section 1031 deferral. Individuals, C
corporations, S corporations, partnerships (general or limited),
limited liability companies, trusts and any other taxpaying entity
may set up an exchange of business or investment properties for
business or investment properties under Section 1031.To accomplish a
Section 1031 exchange, there must be an exchange of properties. The
simplest type of Section 1031 exchange is a simultaneous swap of one
property for another. Deferred exchanges are more complex but allow
flexibility. They allow owner to dispose of property and
subsequently acquire one or more other like-kind replacement
properties. To qualify as a Section 1031 exchange, a deferred
exchange must be distinguished from the case of a taxpayer simply
selling one property and using the proceeds to purchase another
property (which is a taxable transaction). Rather, in a deferred
exchange, the disposition of the relinquished property and
acquisition of the replacement property must be mutually dependent
parts of an integrated transaction constituting an exchange of
property. Taxpayers engaging in deferred exchanges generally use
exchange facilitators under exchange agreements pursuant to rules
provided in the Income Tax Regulations. A reverse exchange is
somewhat more complex than a deferred exchange. It involves the
acquisition of replacement property through an exchange
accommodation titleholder, with whom it is parked for no more than
180 days. During this parking period the taxpayer disposes of its
relinquished property to close the exchange. For more information follow Real Estate Section 1031 Exchanges link.
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Reasonable Accommodations
Reasonable accommodation means
modifying or adjusting a job application process or a work
environment to enable a qualified individual with a disability to be
considered for a job. The federal Equal Employment Opportunity
Commission (EEOC) administers the Americans with Disabilities Act
(ADA), which determines the rights and responsibilities of employers
and individuals with disabilities concerning reasonable
accommodation. For example, the right to reasonable accommodation is
available even to part-time or probationary employees. There are
three categories of reasonable accommodations. They include
modifications or adjustments to (1) the job application process; (2)
the work environment or the circumstances in which a job is
customarily performed; and (3) policies that set out the benefits
and privileges of employment. There are limits to what the ADA
requires of an employer that receives an accommodation request. For
example, an employer cannot be forced to eliminate an essential
function of a position, such as one of its fundamental duties. Nor
does an employer have to lower qualitative or quantitative
production standards that are applied uniformly to employees with or
without disabilities. The employer may choose among several
reasonable accommodations as long as the selected method is
effective in allowing the individual to perform the essential
functions of the position. The primary exception to the duty of
accommodation is undue hardship on the employer. Undue hardship
issue may result from quantitative, financial, or other limitations
on an employer's ability to provide reasonable accommodation. For more information follow Reasonable Accommodations link.
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Right of Privacy
The right to privacy is the right
to be let alone, in the absence of some "reasonable" public interest
in a person's activities, like those of celebrities or participants
in newsworthy events. Invasion of the right to privacy can be the
basis for a lawsuit for damages against the person or entity
violating the right.
The right to privacy is not mentioned in the Constitution, but the
Supreme Court has interpreted several of the amendments as creating
this right. One of the amendments is the Fourth Amendment, which
stops the police and other government agents from searching us or
our property without "probable cause" to believe that we have
committed a crime. Other amendments protect our freedom to make
certain decisions about our bodies and our private lives without
interference from the government. The due process clause of the 14th
amendment generally only protects privacy of family, marriage,
motherhood, procreation, and child rearing. For more information follow Right of Privacy link.
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Securities Fraud
Securities fraud, also known as
“stock fraud” or “investment fraud,” is a deceptive practice related
to the stock or commodities markets and designed to induce investors
to buy or sell on the basis of false information. This often results
in financial losses and is a violation of securities laws.
Securities fraud can include theft from investors (embezzlement by
stockbrokers), insider trading, stock manipulation, misstatements on
a company's financial reports, or lying to corporate auditors. A
securities fraud is a type of serious white-collar crime in which a
person or company, such as a stockbroker, brokerage firm,
corporation or investment bank, misrepresents information that
investors use to make decisions. Securities Fraud can also be
committed by independent individuals (such as by engaging in insider
trading). The types of misrepresentation involved in this crime
include providing false information, withholding key information,
offering bad advice, and offering or acting on inside information. For more information follow Securities Fraud
link.
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Severance Package
Severance package means the money
and/or other benefits that an employer may offer to a terminated
employee to temporarily offset the employee's job loss. Severance
pay is a means of supplementing state-provided unemployment benefits
and is paid in addition to wages and any other amount that employers
owe employees when their employment ends. Severance pay is often
given during mass layoffs. A severance package is a combination of
severance pay and other benefits like extended health insurance
benefits payable under Consolidated Omnibus Budget reconciliation
Act (COBRA). Severance pay is calculated on the basis of length of
service and weekly salary or wages of the employee. In order to be
eligible for severance pay, departing employees should sign
separation or severance agreements which may deprive such employees
of their right to take legal action against their former employers.
The departing employees are also required to sign noncompete or
nondisclosure agreements before seeking severance pay. For more information follow Severance Package link.
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Silica Exposure - Silicosis
Pneumoconiosis is defined as “a
chronic dust disease of the lung and its sequelae, including
respiratory and pulmonary impairments, arising out of exposure
during employment. It includes both "clinical" pneumoconiosis and
"legal" pneumoconiosis. The regulations define clinical (or medical)
pneumoconiosis as those diseases recognized by the medical community
as pneumoconiosis, i.e., the conditions characterized by permanent
deposition of substantial amounts of particulate matter in the lungs
and the fibrotic reaction of the lung tissue to that deposition
caused by dust exposure during employment. Such conditions include,
but are not limited to workers' pneumoconiosis, anthracosilicosis,
anthracosis, anthrosilicosis, massive pulmonary fibrosis, silicosis
or silicotuberculosis, arising out of employment. Legal (or
statutory) pneumoconiosis is a broader term. It describes any
chronic lung disease or impairment and its sequelae arising out of
employment, including any chronic restrictive or obstructive
pulmonary disease arising out of exposure during employment. For more information follow Silica Exposure - Silicosis link.
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Sex Crimes
Sex crimes refer to criminal
offenses of a sexual nature. Commonly known sex crimes include,
rape, child molestation, sexual battery, lewd conduct, possession
and distribution of child pornography, possession and distribution
of obscene material, prostitution, solicitation of prostitution,
pimping, pandering, indecent exposure, lewd act with a child. Sex
crime means rape in any degree, sodomy in any degree, unlawful
sexual penetration in any degree and sexual abuse in the first or
second degree. [ORS § 421.590]. For more information follow Sex Crimes link.
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Short Sale
A short sale in the context of
real estate refers to when a lender agrees to release the lien that
is secured to the property upon receipt of less money than is
actually owed. A short sale may occur when the current owner is
unable to meet the mortgage payments. By forgiving the balance of
the debt, the lender may avoid the expenses and efforts involved in
foreclosure.
In the context of investing, a short sale is any sale of a security
that the seller does not own, or any sale that is consummated by the
delivery of a security borrowed by, or for the account of, the
seller. Investors who sell short predict that the price of the stock
will fall, so that they can buy the stock at the lower price and
make a profit. For more information follow Short Sale link.
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Settlement Agreements
Debt settlement means an action or negotiation made on behalf of a
consumer with that consumer's creditors for the purpose of the
creditor forgiving part or the entire principal of the debt incurred
or credit extended to that consumer. The term debt settlement shall
not include any action taken to convince a creditor to waive any
fees or charges. It is also known as debt arbitration, debt
negotiation or credit settlement. The debts such as credit card
debts, other unsecured credit card debts, medical bills, gas/store
card debts, and personal loans can also be settled by way of debt
settlement. However, tax debts, alimony, child support, mortgages,
car loans, and federal student loans cannot be settled in a debt
settlement program. For more information follow Settlement Agreements link.
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Slip/Trip Falls
Accidents
Under common law, the liability
to a person injured on real estate is controlled by the status of
the injured person. A different duty is owed by the occupier of the
land depending upon whether or not the injured person was a
trespasser, a licensee, or an invitee. As far as trespassers are
concerned, the occupier ordinarily only owes the duty of refraining
from causing intentional harm to the trespasser. The occupier is
under no duty to warn the trespasser of dangers or make the property
safe to protect trespassers from harm. The main exception to this
rule arises in the case of small children, who, although
trespassing, are provided greater protection through the attractive
nuisance doctrine. Under this doctrine, the owner of a private
residential swimming pool could possibly be held liable for the
drowning of a five-year-old trespasser if the owner did not maintain
adequate fencing around the pool. Regarding licensees, they are on
the premises with the permission of the occupier. The occupier
therefore owes them a duty of warning them of dangers which are not
obvious and which are known to the occupier. A host must warn a
guest of danger, such as a sliding glass door which is “invisible”
if the patio lights are on and the house lights are off. The
occupier, however, does not owe a duty to the licensee to take any
steps to learn the presence of unknown dangers and is under no duty
to foresee and guard against every possible hazard. Invitees are
such people as customers whose presence is sought by the occupier to
further the business interests of the occupier. Another good
definition of invitee is a person who goes on the premises of
another in answer to an expressed or an implied invitation of the
owner for their mutual advantage. There is a duty in this case to
take reasonable steps to discover any danger, and there is a duty to
warn the invitee or correct the danger. For example, a store must
make a reasonable inspection of the premises to make sure there is
nothing on the floor that would be dangerous such as a slippery
substance that might cause a customer to fall. The store should
either correct the condition or rope off the area, or, at least,
give a warning of a wet floor. For more information follow Slip/Trip Falls Accidents link.
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Small Estate Trust Law
Small estate is any estate valued
at less than an amount set by state law. Small estates may qualify
for a simplified proceeding for small estates. Small estate
proceedings require less paperwork, cost less and take less time.
Small estate administration is an alternative to a formal probate of
an estate when the assets, liens, and encumbrances of the estate are
under a certain statutory amount, which varies by jurisdiction. It
is a faster, easier, alternative to the probate process, involving
less paperwork and delay. It involves the use of a small-estate
affidavit for estates ranging from $1,000 to $150,000 or even
higher, depending on state law. This approach is particularly
advantageous where the bulk of the estate is in a trust and only an
automobile or small bank account is in the name of the decedent at
the time of death. No court administration is required. For more information follow Small Estate Trust Law link.
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Special Needs
Trust
A “special needs trust” may be
set up to provide for a disabled child’s or adult's extra and
supplemental needs, other than basic food, shelter and health care
expenses that may be covered by public assistance benefits that the
beneficiary may be entitled to receive under various programs such
as Supplemental Security Income (“SSI”) and Medicaid. The special
needs trust is primarily governed by federal law under 42 U.S.C. §
1396p (d) (4), which permits the use of special needs trusts, making
them valid throughout the country. Generally, the designated trustee
is given broad discretionary powers to distribute income and
principal to or for the child’s or adult's benefit. Terms vary by
agreement, but the trustee may have sole and absolute discretion
over payments of income and principal in order to maximize your
child’s eligibility for public assistance benefits under current
law. The trust may also allow the trustee to terminate the trust if
it is possible that your ward may in the future become sufficiently
competent to manage his or her own assets. The special needs trust
must be carefully drafted to comply with Medicaid and SSI rules in
order to preserve the ward's eligibility for Medicaid, SSI and other
governmental programs. For more information follow Special Needs Trust link.
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Social Security
Disability
The definition of disability
under Social Security is different than other programs. Social
Security pays only for total disability. No benefits are payable for
partial disability or for short-term disability. "Disability" under
Social Security is based on ones inability to work. Applicant is
considered disabled under Social Security rules if: cannot do work
that did before; cannot adjust to other work because of medical
condition; and disability has lasted or is expected to last for at
least one year or may result in death. This is a strict definition
of disability. Social Security program rules assume that working
families have access to other resources to provide support during
periods of short-term disabilities, including workers' compensation,
insurance, savings and investments. For more information follow Social Security Disability link.
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Stand Alone Retirement Trust
A Stand Alone Retirement Trust is
a separate trust established for the primary benefit of being named
as the beneficiary of a client’s retirement account, in the event
the client passes away. Typically, with a retirement account such as
an IRA, the client will name a spouse or a child as the primary or
secondary beneficiary of the IRA. Upon passing away, the retirement
plan administrator will contact the designated beneficiaries, who
will typically be given the option of pulling all of the funds out
of the account and take a check for the lump sum, or establishing an
inherited IRA account or roll over IRA account, where the funds in
the IRA account will be distributed over a period of time. Rather
than providing the beneficiary with the option of receiving a lump
sum check, the client may establish a Retirement Trust, where the
retirement proceeds will be paid or distributed to the Trust.
The client will name the intended beneficiary of the retirement
account as the beneficiary of the Trust. The client can designate an
independent trustee to ensure that the retirement account funds are
administered and utilized for the benefit of the beneficiary, in
accordance with the terms of the trust, as set forth by the client.
The trust can help to ensure that the beneficiary does not deplete
or mismanage the retirement account proceeds. This type of trust is
established as a separate or stand-alone trust, as the federal
requirements of naming a trust as a beneficiary of a retirement
account are very particular, and a standard Revocable Living Trust
may not accomplish the objectives of the client or satisfy the
requirements set forth by the government for ensuring that the
retirement proceeds can be stretched out or deferred over the life
expectancy of the beneficiary. For more information follow Stand Alone Retirement Trust link.
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Student Loan
Relief
Under certain circumstances,
federally backed student loans – such as Direct Subsidized Loans and
Federal Perkins Loans – can be discharged or forgiven. For a loan to
be discharged, circumstances beyond the borrower’s control that
prohibit the repayment of the loan must be identified. Requirements
for student loan forgiveness vary depending on the type of loan, but
most offer forgiveness for those employed in certain public-service
occupations. Federal education loans must be repaid with interest in
most situations. The borrower is not excused from repayment due to
dissatisfaction with the school or educational program, dropping out
of the program before graduation or inability to find a job after
graduation. Student loan programs vary, and it is best to speak with
a qualified student loan consultant, but most federal education
loans can be discharged in the following situations: Permanent
disability, Closure of the school during the time of study,
Falsification of the loan qualifications by the school, Use of
identity theft to secure the loan, Failure of the school to refund
required loans to the lender, Death of the borrower. To encourage
employment in public-service occupations, the federal government may
waive repayment of William D. Ford Federal Direct Loans, if the
borrower enters public service. This is referred to as Public
Service Loan Forgiveness (PSLF). Student loans can be discharged if
borrower is employed with a federal, state, or local government
agency, entity, or organization or a not-for-profit organization
that has been designated as tax-exempt by the Internal Revenue
Service (IRS) under Section 501(c)(3) of the Internal Revenue Code
(IRC). For more information follow Harassment link.
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Successor Trustee’s Decisions
The absolute most important part
of disability is naming successor trustees and power of attorney
agents. This means that you say who’s in charge, if you are not able
to make medical or financial decisions for yourself. Important
Disability Planning Decisions: Naming successor (disability)
trustees and power of attorney agents. Naming contingent successor
(disability) trustees and contingent power of attorney agents.
Describing the circumstances under which you will be deemed
disabled. Appointing a disability panel to determine if you are
disabled. Providing instructions as to who can benefit from your
assets during any period of disability. Describing how you want to
be cared for if you are disabled. Deciding whether you want a living
will and/or want to be an organ donor. For more information follow Successor Trustee’s Decisions link.
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Tax Audit Representation
Tax audit representation, also
called audit defense, is a service in which a tax or legal
professional stands in on behalf of a taxpayer (an individual or
legal entity) during an Internal Revenue Service (IRS) or state
income tax audit. In the United States, during an income tax audit
or examination, the IRS and all states allow a taxpayer to have an
authorized representative. The representative must be authorized to
practice before the IRS or state, and specific credentials are
required. The types of representatives who are allowed to represent
taxpayers before the IRS in income tax audits include attorneys,
certified public accountants, and enrolled agents. An audit
representative develops the strategy used to defend the taxpayer’s
position. He or she assists the taxpayer in preparing all documents
requested by the taxing authority and typically attends all meetings
and handles correspondence on behalf of the taxpayer. For more information follow Tax Audit Representation link.
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Tax Law
Tax law covers a broad range of
property and transactions which are subject to taxation, such as
property value, transactions (transfers and sales), licenses
granting a right and/or income. The taxes involved in tax law
include federal and state income taxes, county and city taxes on
real property, state and/or local sales tax based on a percentage of
each retail transaction, duties on imports from foreign countries,
business licenses, federal tax (and some states' taxes) on the
estates of persons who have died, taxes on large gifts and a state
"use" tax in lieu of sales tax imposed on certain goods bought
outside of the state. Congress is empowered to tax "incomes, from
whatever source derived, without apportionment among the several
States, and without regard to any census or enumeration." The
Internal Revenue Code is today embodied as Title 26 of the United
States Code (26 U.S.C.). Individuals as well as corporations are
required to file income tax returns. While corporations are subject
to may of the same rules as are individual taxpayers, they are also
covered by an intricate body of rules addressed to the peculiar
problems of corporations. For more information follow Tax Law link.
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Tax Planning
Tax planning involves conceiving
of and implementing various strategies in order to minimize the
amount of taxes paid for a given period. For a small business,
minimizing the tax liability can provide more money for expenses,
investment, or growth. In this way, tax planning can be a source of
working capital. Two basic rules apply to tax planning. First, a
small business should never incur additional expenses only to gain a
tax deduction. While purchasing necessary equipment prior to the end
of the tax year can be a valuable tax planning strategy, making
unnecessary purchases is not recommended. Second, a small business
should always attempt to defer taxes when possible. Deferring taxes
enables the business to use that money interest-free, and sometimes
even earn interest on it, until the next time taxes are due. For more information follow Tax Planning link.
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Tenancy in Common
Tenants in common hold title to
real or personal property so that each has an "undivided interest"
in the property and all have an equal right to use the property.
Tenants in common each own a portion of the property, which may be
unequal, but have the right to possess the entire property. There is
no "right of survivorship" if one of the tenants in common dies, and
each interest may be separately sold, mortgaged or willed to
another. A tenancy in common interest is distinguished from a joint
tenancy interest, which passes automatically to the survivor. Upon
the death of a tenant in common there must be a court supervised
administration of the estate of the deceased to transfer the
interest in the tenancy in common. For more information follow Tenancy in Common link.
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Testament
A Will, or Testament, sometimes
referred to as a Last Will and Testament, is a legal document
declaring a decedent's intentions for who should manage his or her
estate after death, and to whom he or she wishes various assets to
be given. A Will, or Testament can be created by any person over the
age of majority and of “sound mind” (having the appropriate mental
capacity to understand what they are doing) can prepare a will or
testament with or without an attorney. The person writing the will,
also known as the “testator,” must clearly identify that he or she
is the maker of the will or testament and that it is his or her
intention to actually create a will or testament (usually
accomplished by inclusion of the words “last will and testament” on
the face of the document. If any previous wills or testaments have
ever been created, the testator must expressly revoke them as well
as any codicils (amendments to a will or testament). Otherwise, the
subsequent will only revokes the prior wills and codicils to the
extent that they are inconsistent. The will must be signed and dated
by the testator, and most jurisdictions also require the signatures
of two disinterested witnesses and sometimes a notary. There are
several prohibited provisions in drafting a will or testament.
A will cannot require an heir to commit an illegal, immoral, or
other act against public policy as a condition of receiving an
inheritance. Similarly, some states have laws against omitting
certain beneficiaries from an estate, such as a surviving spouse.
Children can be disinherited by a parent's will, except in
Louisiana. The California Probate Code Section 6100 through Section
8226 governs the execution of Wills or testaments and contains other
provisions relating to Wills law. For more information follow Testament or Last Will link.
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Testator
Testator is a person who makes a
will. A deceased person who died leaving a valid will is a testator.
A will is a legal document declaring a person's wishes regarding the
disposal of their property when they die. A person who dies without
having made a will is said to have died intestate. For more information follow Testator link.
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Toxic Exposure
Toxic exposure is any contact
with a toxic substance. Because of the development in corporate
industry, the number of dangerous, toxic substances in our
environment has grown exponentially. Some of the toxic tort lawsuits
involve lead-based paint, asbestos, dry cleaning and other solvents,
pesticides such as dioxin and DDT, electro-magnetic fields from
utility wires or major appliances, toxic landfill waste, breast
implants, various drugs and pharmaceuticals such as DES and tainted
L-tryptophan ,common industrial chemicals such as benzene and PCBs
heavy metals, and other chemicals such as mercury and arsenic. For more information follow Toxic Exposure link.
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Toxic Tort Law
A toxic tort is a tort caused by
contact with a toxic substance. Because of the development in
corporate industry, the number of dangerous, toxic substances in our
environment has grown exponentially. Some of the toxic tort lawsuits
involve lead-based paint, asbestos, dry cleaning and other solvents,
pesticides such as dioxin and DDT, electro-magnetic fields from
utility wires or major appliances, toxic landfill waste, breast
implants, various drugs and pharmaceuticals such as DES and tainted
L-tryptophan ,common industrial chemicals such as benzene and PCBs
heavy metals, and other chemicals such as mercury and arsenic. For more information follow Toxic Tort link.
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Trademark Infringement - Trademark Enforcement Law
Trademark infringement is
violation of the exclusive rights attaching to a trademark without
the authorization of a trademark owner. Trademark infringement is
the commercial use of the same or similar mark by another with
respect to related goods or services which is likely to cause
confusion with respect to actual or potential customers of the
trademark owner's goods or services. Infringement occurs when a
person, the infringer, uses a trademark which is identical or
confusingly similar to a trademark owned by another person, in
relation to products or services which are identical or similar to
the products or services which the registration covers. An owner of
a trademark can commence legal proceedings against a party that
infringes its registration. In the U.S., the federal trademark law
called the Lanham Act authorizes suit to be brought for infringement
of either registered or common law trademark rights. Remedies for an
infringement includes injunctive relief to prohibit future
infringement, the impoundment and destruction of goods bearing
infringing trademarks, an infringer's profits, the trademark owner's
actual damages and court costs. In the U.S., most states have their
own trademark statutes. Therefore, a trademark owner has the option
of pursuing a trademark infringement action based on both state and
federal law and in either state or federal court. For more information follow Trademark Infringement - Trademark Enforcement link.
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Truck Accident Law
Truck accident law covers
personal injuries sustained by occupants of a passenger vehicle as a
result of a collision with a commercial freight truck, also known as
an 18-wheeler or “big rig.” Liability in these cases is premised on
the doctrine of negligence. Because the negligent party is a
professional truck driver, multiple sources of law will apply. These
include traffic laws and civil liability rules, as well as
regulations of the Department of Transportation (DOT) and the
Federal Motor Carrier Safety Administration (FMCSA). For more information follow Truck Accident Law link.
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Trustee Law - Legal Duties
of Trustee
Trustee is the person who manages
a trust. The trustee, has a legal duty to manage the trust's assets
in the best interests of the beneficiary or beneficiaries. Typical
trustee duties include managing rental properties, investing funds
or paying income to the beneficiary. Trustees are paid for their
services because of the amount of work involved in managing a trust
and the threat of potential liability if assets are mismanaged. Due
to the high standard of duty and liability imposed on trustees, an
individual or entity cannot be forced into becoming a trustee just
because he or she is named in a trust document or will. The duties
of the Trustee of a trust, whether it is a living trust or a
testamentary trust, surround those of any fiduciary relationship,
and that means there is not only a moral and ethical responsibility,
but a legal one as well. A Trustee is tasked with managing the
property of a trust for the benefit of the named beneficiaries
within the trust documents. Trustee duties are as follows: Trustee
must manage and protect trust property with transparency. The
beneficiaries of a trust should understand the terms of the trust
and what benefits they can expect. Trustee must Provide accounting
and reporting of the trust property. A Trustee is tasked with
ensuring that the trust’s property is not only managed properly, but
that accounting and reporting procedures are followed. Beneficiaries
are entitled to receive information regarding the assets of the
trust, and the reporting requirements are outlined within trust
documents or under the state law. Trustee must follow proper
accounting procedures. The duties of a trustee include following
GAAP, the generally accepted accounting procedures, for the
recording of property, debt and transactions. Trustees may use an
accountant to handle these GAAP requirements, particularly for
larger trusts, the Trustee can also handle this duty themselves.
Trustee must record an inventory of the property of the trust, as
well as any liabilities of trust; Trustee must record all expenses;
Trustee must track revenue from estate assets. For more information follow Trustee Law - Legal Duties of Trustee link.
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Trust Litigation
Trust litigation can arise due to
many possible causes: Trust contests, Beneficiary claims, Trust
reformation, Accounting of trust finances, Breach of a fiduciary
duty, Trust misappropriation and mismanagement, Questioning the
validity of trusts with allegations of fraud, duress, undue
influence, coercion, lack of capacity, proper trust formation, and
diverting from the trustor's intent.
For more information follow Trust Litigation link.
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Trustee Liability
Protection - Insurance
Trustees often overlook their
need for liability insurance while administering a trust estate.
Nonprofessionals and professionals (attorneys and CPAs) can be held
personally liable for the decisions made and services provided
during their appointment as a trustee. Claims against trustees may
allege mismanagement, conflict of interest, self-dealing, breach of
fiduciary duty, misrepresentation, negligent supervision and
selection, or professional negligence. Responding to an allegation,
even if groundless, can be costly and distracting. Trustees aren’t
usually compensated to assume risk. Trust assets are not intended to
protect the trustee. A trustee liability insurance policy will
protect the trustee, and the trustee's personal assets, from actions
arising from his or her duties as a trustee. And protection from the
cost of litigation is just as important, if not more so, than
protection for the payment of damages. A trustee without insurance
has two sources of funds to pay for the litigation: trust assets,
through indemnification provisions in the trust document, and his or
her personal assets.
Many trust documents provide for indemnification of the trustee by
using trust assets, but this may not be the best course. The lack of
insurance to protect the trust from the cost of indemnifying
trustees for claims exposes the trust assets to the cost of
litigation. One attorney has suggested that the use of trust assets
to provide for the defense of a claim against the trustee could then
lead to a negligence claim against the trustee for failing to
purchase insurance. Insurance provides an alternative source of
funds for the defense of any action and damages. Trustee liability
claims do occur and the frequency is increasing. Most importantly,
they often occur without merit, but due to the complexity and
emotion are very expensive to defend. Insurance is readily available
and inexpensive. It could be part of any trustee’s compensation. For more information follow Trustee Liability Protection - Insurance link.
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Undue Influence
Undue influence is a legal term
often used in will contests to refer to outside pressures which
negate the free will of the testator (will maker), so that the maker
of the will lacks the necessary mental capacity for a valid will.
Undue influence may take the form of isolating the weaker person,
promoting dependency, or inducing fear and distrust of others, among
other manipulations. Undue influence, like mental capacity, raises
the question of whether an individual is acting freely. Duress is
usually claimed as a factor in the conclusion that undue influence
existed. However, duress is a causative factor, whereas undue
influence is a determination that the person lacked the required
mental state to legally make a decision due to duress or other
factors, and based upon the following elements: The will contestant
must prove the existence and exertion of an influence; the effective
operation of such influence so as to subvert or overpower the mind
of the testator at the time of the execution of the testament; and
the execution of a testament which the testator thereof would not
have executed but for such influence. Typically, courts that make
determinations of whether or not undue influence has been exercised.
In doing so, they consider a variety of factors, including whether
the transaction took place at an appropriate time and in an
appropriate setting and whether the older person was pressured into
acting quickly or discouraged from seeking advice from others.
Courts also consider the relationship between the parties, and the
"fairness" of the transaction. For more information follow Undue Influence link.
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Unified Estate and Gift Tax Credit Plans
Unified estate and gift tax
credit or unified credit is a tax credit applied against the federal
unified transfer tax. This credit is referred to as the "unified"
credit because federal gift and estate taxation are integrated into
one unified tax system. The unified estate and gift tax is a tax
imposed on property transfer, especially by inheritance, by will, or
as a gift. The unified credit is composed of two different limits to
cover the two types of transfers. For more information follow Unified Estate and Gift Tax Credit Plans link.
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Violent Crimes
The definition of violent crime
suggests that violence is a behavior by persons, against persons or
property that intentionally threatens, attempts, or actually
inflicts physical harm. The seriousness of the injuries to the
victim(s), whether or not guns or other weapons were used and/or
whether or not the alleged perpetrator has a criminal record will
alter the crime's seriousness. Often times, violent crimes against
individuals and their property are typically infused with hatred, or
at the very least an incredible disregard for the worth and rights
of another human being which may also alter the crimes severity in
the eyes of a judge or jury. The most common violent crimes are
aggravated assault, arson, assault and battery, domestic violence,
hate crimes, homicide, manslaughter, mayhem, murder, terrorism and
theft/larceny.
Of all violent crimes, homicides are the most serious — a crime that
results in the death of another human being. Homicide can be charged
as an intentional killing such as murder or manslaughter or as a
negligent killing such as involuntary manslaughter. Murder and
manslaughter are the most serious homicides which can result in
lengthy prison terms or a death sentence. Involuntary manslaughter,
a crime where there is no intention to kill or do grievous bodily
harm, also can result in a long prison sentence. For more information follow Violent Crimes link.
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White Collar Crimes
White collar crime is a generic
term for crimes involving antitrust violations, computer/internet
fraud, credit card fraud, phone/telemarketing fraud, bankruptcy
fraud, healthcare fraud, environmental law violations, insurance
fraud, mail fraud, government fraud, tax evasion, financial fraud,
securities fraud, insider trading, bribery, kickbacks,
counterfeiting, public corruption, money laundering, embezzlement,
economic espionage, and trade secret theft, and other forms of
dishonest business schemes.
The term comes from an incorrect generalization that white collar
crimes are committed by executives who work in white shirts, as
opposed to physical crimes which are committed by blue collar
workers. White-collar crime tends to be made up of complex,
sophisticated, and relatively technical actions. Victimization is
not as obvious as in violent crimes because harm is usually spread
out over a substantial number of victims. The monetary sums that are
involved tend to be quite large. For more information follow White Collar Crimes link.
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Whistleblowers
A whistleblower is anyone who has
and reports insider knowledge of illegal activities occurring in an
organization. Whistleblowers can be employees, suppliers,
contractors, clients or any individual who somehow becomes aware of
illegal activities taking place in a business either through
witnessing the behavior or being told about it. Whistleblowers are
protected from retaliation under various programs created by the
Occupational Safety and Health Administration (OSHA) and the
Securities and Exchange Commission (SEC). Different organizations
are interested in different sets of illegal activities reported by
whistleblowers. While OSHA is more interested in the environmental
and safety breaches, the SEC is interested in securities law
violations. Organizations such as these offer awards for some
information provided by whistleblowers and often allow for online
submissions of information as well as anonymity. For more information follow Whistleblowers link.
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Will - Pour Over Will
A will established by an
individual who has already taken the necessary steps to set up a
trust, so that upon the death of the individual, all of his or her
assets are to be transferred - or "poured over" - to the trust. By
doing so, the individual ensures that his or her estate has an
explicit direction to shift assets into the trust. A pour-over will
adds a degree of safety and peace of mind to an individual's estate
planning, because any assets that were not included in the trust,
for one reason or another, will be poured-over to it by virtue of
the will. The will can also stipulate that the assets intended for
the trust be distributed to the beneficiaries if, for some reason,
the trust itself is not able to be created or is invalid at the time
of the individual's death. For more information follow Will - Pour Over Will link.
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Will Simple
A simple will refers to a single
legal document that makes direct distribution of assets for an
unproblematic estate. One can easily write a simple will by filling
out an easy form bought from a stationery store. A simple will must
include as minimum the name and identity of the testator; the names
and details of beneficiaries; the name of the executor; particular
directions. For example, directions for the care of children; and
method of distributing assets. For more information follow Will Simple Will link.
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Workers Compensation Law
Workers' compensation laws are
designed to ensure payment by employers for some part of the cost of
injuries, or in some cases of occupational diseases, received by
employees in the course of their work. Worker's compensation
legislation requires the employer to furnish a reasonably safe place
to work, suitable equipment, rules and instructions when they are
reasonably necessary, and reasonably competent foremen and
superintendents. The employer is liable for an employee's acts of
negligence, for the employer's own gross negligence, and for
extraordinary risks of work. In most cases the employer is not
liable for accidents occurring outside the place of work, or for
those which have not arisen directly from employment. For more information follow Workers Compensation Law link.
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Workplace Safety Law
The primary law governing workplace safety are administered by the
Occupational Safety and Health Administration (OSHA). OSHA aims to
ensure worker safety and health in the United States by working with
employers and employees to create better working environments.
Workplace inspections are one of OSHA's principal activities. OSHA
enforces workplace safety standards, and reaches out to employers
and employees through technical assistance and consultation
programs. Workplace violence is a serious safety issue. In the
United States, there is a “General Duty Clause” in the Occupational
Safety and Health Act. The General Duty Clause would include
recognized threats of violence. California has legislation that
requires businesses to have a workplace injury prevention plan and a
specific law to combat violence in hospitals.
For more information follow Workplace Safety Law link.
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Wrongful Death
Wrongful death laws fall under
tort law or personal injury law. The laws are intended to compensate
for harm to a person resulting in death. The laws provide legal
rights and protections to the surviving beneficiaries and
descendants of persons who have died as a result of another person’s
negligence, intentional tort, or strict liability. The compensatory
damages include medical expenses, loss of income or earning
potential and psychological pain and suffering. If the death of a
person is due to gross negligence, the beneficiaries can seek
punitive damages. Punitive damages are awarded under wrongful death
law to punish the offender and deter others from similar conduct.
Some of the major types of wrongful death law cases are slip and
fall (premises) injury, car or other vehicle accidents, nursing home
abuse, medical malpractice, work related injury, defective drug
injury, exposure to toxic materials, and defective product injuries. For more information follow Wrongful Death link.
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Wrongful
Termination
Wrongful termination is a term
that generally refers to a person being fired illegally. Many
terminations that people think of as "wrongful" aren't illegal. In
most states, employment is "at will". This means that the employer
can fire the employee for no reason or any reason. However, there
are two main reasons why a termination may be illegal-
discrimination and contracts. Employers cannot discriminate against
employees are the basis of age, race, sex, national origin,
disability, and a variety of other reasons. Employers cannot
discriminate against an employee because he or she has "whistle
blown", which is reporting illegal activity of the employer. They
also cannot discriminate against an employee for engaging in other
protected activities, such as filing workers' compensation claims.
If any employee has a contract with the employer, as is common when
an employee belongs to a union, the employee probably cannot be
fired without just cause. Contracts can be written or implied.
However, this type of dispute is characterized as a breach of
contract case, rather than a wrongful termination case.
Wrongful-discharge action means a lawsuit instituted against an
employer by his/her ex-employee alleging that the termination of the
employment was illegal and it violated the terms of the contract.
Generally most of the states allow an at-will employee to proceed
with a wrongful discharge action based on public policy. It is also
termed as wrongful termination action. For more information follow Wrongful Termination link.
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Wage and Hour
Claims
The Fair Labor Standards Act (FLSA)
, which prescribes standards for the basic minimum wage and overtime
pay, affects most private and public employment. It requires
employers to pay covered employees who are not otherwise exempt at
least the federal minimum wage and overtime pay of
one-and-one-half-times the regular rate of pay. For nonagricultural
operations, it restricts the hours that children under age 16 can
work and forbids the employment of children under age 18 in certain
jobs deemed too dangerous. For agricultural operations, it prohibits
the employment of children under age 16 during school hours and in
certain jobs deemed too dangerous. The Act is administered by the
Employment Standards Administration’s Wage and Hour Division within
the U.S. Department of Labor. For more information follow Wage and Hour Claims link.
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Lex Omni Law Group GLOSSARY OF LEGAL TERMS
used
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Administrative Procedure Act
administrator
administrator ad litem
administrator ad prosequendum
administrator with testamento annexo
administrator de bonis non
administrator de bonis non with testamento annexo
administrator pendente lite
administrator with will annexed
administratrix
admiralty court
admiralty law
admissible evidence
admission
admission against interest
admission of guilt
admit
adopt
adopted child
adoption
adoptive parent
ADR
adult
adultery
advance
advance directive
advance parole
advance sheets
advancement
adverse
adverse interest
adverse party
adverse possession
adverse witness
advisory opinion
affiant
affidavit
affirm
affirmative action
affirmative defense
affix
affranchise
after-acquired evidence
after-acquired property
after-acquired title
after-discovered evidence
age discrimination
Age Discrimination in Employment Act (ADEA)
age of consent
age of majority
agency
agent
agent for acceptance of service
agent for service of process
aggravate
aggravated assault
aggravated battery
aggravating circumstances
AGI
agreed statement of facts
agreement
aid and abet
aleatory
alias
alibi
alibi witness
alien
alien registration card (ARC)
alienation
alienation of affections
alimony
aliquot
ALJ
allegation
allege
Allen charge
alluviation
alluvion
alter ego
alternate beneficiary
alternative dispute resolution (ADR)
alternative minimum tax (AMT)
alternative pleading
alternative reproductive technology (ART)
alternative writ of mandate (mandamus)
AMBER Alert
ambiguity
amend
amended complaint
amended pleading
amended tax return
American Bar Association (ABA)
American Civil Liberties Union
American Clean Energy and Security Act of 2009
American Recovery and Reinvestment Act of 2009
Americans With Disabilities Act (ADA)
amicus
amicus curiae
amnesty
amortization
AMT
ancillary administration
ancillary jurisdiction
ancillary probate
angel investor
annual exclusion amount
annual exclusion gift
annual meeting
annual percentage rate
annuitant
annuity
annulment
answer
antenuptial agreement
Anthony Kennedy
anticipation
anticipatory breach
anticontest clause
antilapse statute
antitransfer laws
antitrust laws
Antonin Scalia
APN
apparent authority
appeal
appear
appearance
appellant
appellate court
appellate jurisdiction
appellee
applicable exclusion amount
appraisal
appraise
appraiser
appreciate
appreciation
approach
approach the witness
appurtenant
APR
arbiter
arbitrary
arbitration
arbitrator
arguendo
argument
ARM
arm's length
arraignment
arrearages
arrears
arrest
arrest warrant
arson
ART
article
articles of impeachment
articles of incorporation
articles of organization
as is
assault
assault and battery
assess
assessed value
assessor
assessor's parcel number
asset
assign
assigned risk
assignee
assignment
assignment for benefit of creditors
assisted suicide
associate
Associate Justice
association
assumable mortgage
assume
assumption
assumption of risk
assured
asylum
at issue memorandum
at-will employment
attached
attachment
attempt
attest
attestation
attestation clause
attorney
attorney at law (or attorney-at-law)
attorney fees
Attorney General
attorney of record
attorney work product
attorney work product privilege
attorney's fee
attorney-client privilege
attorney-in-fact
attractive nuisance
attractive nuisance doctrine
audit
auditor
augmented estate
authenticate
author
authority
authorize
automatic stay
autopsy
avails
aver
averment
avowal
avulsion
award
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BAC
Bachelor of Laws
back-to-back life sentences
bad debt
bad faith
badgering the witness
bail
bail bond
bail bondsman
bailee (custodian)
bailiff
bailment
bailor
bailout
bait and switch
Baker v. Carr (1962)
balance due
balance sheet
balloon mortgage
balloon payment
ballot
bank
bank credit
bankruptcy
bankruptcy court
bankruptcy discharge
bankruptcy estate
bankruptcy petition preparer
bankruptcy proceedings
bankruptcy trustee
bar
bar association
bar examination
bargain
barratry
barrister
basis
basis point
battery
beach bum trust provision
bearer
bearer paper
belief
bench
bench trial
bench warrant
beneficial interest
beneficial ownership
beneficial use
beneficiary
beneficiary deed
benefit
benefit of counsel
benevolent society benefits
bequeath
bequest
Berghuis v. Thompkins (2010)
Berne Convention
best evidence rule
best interests (of the child)
bestiality
beyond a reasonable doubt
BFOQ
BFP
bias
bid
bifurcate
bifurcated trial
bigamy
bilateral contract
bill
bill of attainder
bill of exchange
bill of lading
bill of particulars
Bill of Rights
bill of sale
binder
binding precedent
Bipartisan Campaign Reform Act of 2002
bird-nesting
biweekly mortgage
blackletter law
blackmail
blank endorsement
blanket search warrant
blind pig
blind tiger
blind trust
blog
blood alcohol concentration
blood alcohol content (BAC)
blood alcohol level
blue card
blue flu
blue law
blue ribbon jury
blue sky laws
Bluebook
board of directors
Board of Education v. Earls (2002)
boiler room
boilerplate
bona fide
bona fide occupational qualification (BFOQ)
bona fide purchaser
bond
bondsman
book account
book value
booking
bookkeeper
books
boot
border patrol
bottomry
bounty hunter
Bowers v. Hardwick (1986)
Boy Scouts of America v. Dale (2000)
boycott
Brady material
breach
breach of contract
breach of promise
breach of the peace
breach of trust
breach of warranty
breaking and entering
bribery
brief
broker
Brown v. Board of Education (1954)
bucket shop
building and loan association
bulk sale
bulk sales law
bulk transfer
burden
burden of proof
burglary
burial insurance
burial policy
Bush v. Gore (2000)
business
business invitee
business license
business records exception
but-for test
buy-sell agreement
buyout agreement
bylaws
bypass trust
|
C
corporation CAA
CAFC
cafeteria plan
calendar
calendar call
calendar year accounting period
call
call option
calumny
cancel
cancellation
cancellation of removal
caning
canon law
cap
cap and trade
capacity to contract
capital
capital account
capital asset
capital case
capital expenditure
capital gains
capital investment
capital offense
capital punishment
capital stock
capitalization
capitalized expenditure
capitalized interest
capitalized value
capricious
caption
carbon offset
care
careless
cargo insurance
carnal knowledge
carrier
carryback
carrying for hire
carrying on business
carryover
carryover basis
cartel
case
case law
case of first impression
case system
cash method of accounting
cash surrender value
cashier's check
casual labor
casualty
casualty loss
causa mortis
cause
cause of action
caveat
caveat emptor
CC&Rs
CCCS
cease and desist letter
cease and desist order
census
certificate of citizenship
certificate of deposit (CD)
certificate of formation
certificate of incorporation
certificate of organization
certificate of title
certificate of trust
certification mark
certification of trust
certified check
certified copy
certified public accountant (CPA)
certiorari
chain of title
challenge
challenge for cause
chambers
champerty
chancellor
chancery
change of circumstances
Chapter 11 bankruptcy
Chapter 12 bankruptcy
Chapter 13 bankruptcy
Chapter 13 plan
Chapter 7 bankruptcy
Chapter 9 bankruptcy
character witness
charge
charitable contribution
charitable gift annuity
charitable lead trust
charitable organization
charitable remainder annuity trust
charitable remainder trust
charitable remainder unitrust
charitable trust
charity
chart of accounts
charter
chattel
chattel mortgage
check
chief justice
child
child custody
Child Status Protection Act (CSPA)
child support
child's trust
Chinese Exclusion Act
Christian Legal Society v. Martinez (2010)
church and state
churn
churning
CID
CIF
circuit court
circumstantial evidence
citation
cite
citizen
citizen's arrest
Citizens United v. Federal Election Commission (2010)
civil
civil action
civil case
civil code
civil law
civil liability
civil liberties
civil penalties (civil fines)
civil procedure
civil rights
Civil Rights Act of 1964
civil union
civil union partners
claim in bankruptcy
claims
Clarence Thomas
class
class action
Clayton Antitrust Act
Clean Air Act (CAA)
clean hands doctrine
clean room
Clean Water Act (CWA)
cleaning fee
clear and convincing evidence
clear and present danger
clear title
clearly erroneous
clerk
Clinton v. City of New York (1998)
close corporation
closed shop
closed-end loan
closely held corporation
closing
closing argument
closing costs
cloud on title
code
Code of Federal Regulations (C.F.R.)
Code of Professional Responsibility
codefendant
codicil
codify
cohabitation
Cohan rule
coho
coho salmon
cohousing
coinsurance
collaborative divorce
collaborative law
collateral
collateral attack
collateral consanguinity
collateral descendant
collateral estoppel
collection agency
collective mark
collective work
collision damage waiver
collision insurance coverage
collusion
collusive action
color of law
color of title
comaker
comfort care
comity
comity of nations
commencement of action
comment
commerce
commercial frustration
commercial law
commingling
commission
commitment
common area
common carrier
common interest development
common law
common law marriage
common property
common stock
community interest development
community property
community property with right of survivorship
community service
community trust
commutation
commute a sentence
company
comparable rectitude
comparative negligence
compensation
compensatory damages
competence
competent
competent evidence
competent witness
compilation
complainant
complaint
compos mentis
compound interest
compound question
compounding a felony
comprehensive insurance coverage
compromise
compromise verdict
compulsory joinder
compulsory license
concealed weapon
concealment
conclusion
conclusion of fact
conclusion of law
concurrent condition
concurrent resolution of Congress
concurrent sentence
condemn
condemnation
condemnation action
condition
condition precedent
condition subsequent
conditional bequest
conditional ownership
conditional resident
conditional sale
conditional SSI payments
conditions of carriage
condominium
condonation
condone
confess
confession
confession and avoidance
confession of judgment
confidence game
confidential communication
confidential relation
confine
confirmation hearing
confiscate
conflict of interest
conflict of laws
conformed copy
conforming loan
confrontation
confusingly similar
conjugal rights
connivance
consanguinity
conscientious objector
conscious parallelism
consecutive sentence
consent
consent decree
consent judgment
consent order
consequential damages
conservatee
conservator
conservatorship
consideration
consign
consignee
consignment
Consolidated Omnibus Budget Reconciliation Act (COBRA)
consortium
conspiracy
conspirator
constable
constitution
constitutional amendment
constitutional rights
constitutional tort
construction
constructive
constructive discharge
constructive eviction
constructive fraud
constructive notice
constructive possession
constructive receipt of income
constructive trust
construe
consulate
consumer credit
Consumer Credit Counseling Service (CCCS)
Consumer Leasing Act
consumer protection laws
consumer report
consummation
contemplation of death
contempt
contempt of court
contest
contiguous
contingency
contingency fee
contingent
contingent annuity
contingent beneficiary
contingent fee
contingent interest
contingent ownership
contingent remainder
contingent trust
contingent will
continuance
continuing objection
continuing trespass
contra
contraband
contract
contract for deed
contract of adhesion
contractor
contribution
contributory negligence
control
controlled substance
controlling law
controversy
contumacy
contutor
conversion
convey
conveyance
conveyee
convict
conviction
cookie
cooling-off rule
cooperative
cooperative housing
cop a plea
coparcenary
copartner
copy
copyright
copyright notice
Copyright Office
copyright owner
copyright registration
coroner
corporate charter
corporate opportunity
corporate resolution
corporate trustee
corporation
corporeal
corporeal ownership
corpus
corpus delicti
corpus juris
corroborate
corroborating evidence
corroborating witness
cosign
cosigner
cost basis
cost bill
cost of completion
cotenancy
cotenants
cotrustee
counsel
counselor
count
countable resource
counter wills
counterclaim
counterfeit
counteroffer
counterpart
county attorney
course of employment
court
court calendar
court costs
court docket
court of appeal(s)
Court of Appeals for the Federal Circuit
Court of Claims
Court of Customs and Patent Appeals
court of equity
Court of International Trade
court of law
court order
court reporter
court trial
court witness
court-martial
covenant
covenant marriage
covenant not to compete
covenant of quiet enjoyment
covenant that runs with the land
covenants, conditions, and restrictions
cramdown
credibility
credible witness
credit bureau
Credit Card Accountability Responsibility and Disclosure Act of 2009
Credit CARD Act
credit counseling
credit file
credit insurance
credit report
credit reporting agency
credit score
credit shelter trust
credit union
credit, n
credit, v
creditor
creditor's claim
creditor's rights
crime
crime against nature
crime of passion
criminal
criminal attorney
criminal calendar
criminal case
criminal complaint
criminal insanity
criminal justice
criminal law
criminal procedure
cross-claim
cross-complaint
cross-examination
cross-licensing
cruel and unusual punishment
cruelty
cruelty to animals
Cruzan v. Missouri Department of Health (1990)
CSI effect
CSS
culpability
culpable
with testamento annexo
Cumis counsel
cumulative sentence
cumulative voting
curator
cure
cure or quit
current monthly income
curtesy
custodial interference
custodial parent
custodian
custody
custody (of a child)
Customs and Border Protection (CBP)
Customs Court
CWA
cy pres doctrine (see-pray-doctrine)
cybersquatting
|
D.A.
damages
dangerous weapon
Darby v. United States (1941)
database
date rape
David H. Souter
DBA
de facto
de facto corporation
de jure
de jure corporation
de minimis
de novo
dead man's statute
deadhand control
deadly weapon
dealer
death benefit
death penalty
death row
death taxes
debenture
debit card
debt
debt collector
debt relief agency
debt-to-income ratio
debtor
debtor in possession
deceased
decedent
deceit
deception
decide
decision
declarant
declaration
declaration against interest
declaration of mailing
declaration of trust
declaration under penalty of perjury
declaratory judgment
declaratory relief
decree
decree of distribution
decriminalization
dedication
dedimus potestatum
deductible
deductible business expense
deduction
deed
deed in lieu of foreclosure
deed of trust
deep link
defalcation
defamation
default
default divorce
default judgment
defeasance
defeasible remainder
defect
defective
defective title
defendant
defense
defense attorney
Defense of Marriage Act (DOMA)
deferred compensation
deficiency
deficiency judgment
deficit
defined benefit plan
defined contribution plan
defraud
degree of kinship
delayed exchange
delegate
deliberate
delinquent
delivery
demand
demand letter
demand note
demise
demonstrative evidence
demur
demurrer
denial
Department of Homeland Security (DHS)
Department of Labor (DOL)
Department of State (DOS)
dependent
dependent care plan
dependents benefits
deponent
deportation
depose
deposition
depreciable asset
depreciate
depreciation
depreciation reserve
derelict
dereliction
derivation of citizenship
derivative
derivative action
derivative work
descent
descent and distribution
descriptive mark
desert
desertion
design patent
detain
determinable
determinate sentence
deuce
devise
devisee
devisor
devolution
devolve
dicta
dictum
Digital Millennium Copyright Act
digital signature
diligence
dilution
diminished capacity
diminution in value
direct and proximate cause
direct evidence
direct examination
direct inheritance
directed trust
directed verdict
directive to physicians
director
disability
disability benefits
disallowance
disbar
disbarment
discharge
discharge (of debts)
discharge (of personal representative)
discharge in bankruptcy
dischargeable debts
disclaim
disclaimer
disclaimer trust
disclosure
discount
discovery
discretion
discretionary trust
discrimination
disenfranchise
disfranchise
disgorge
disgorgement
dishonor
disinherit
disinheritance
disinterested witness
disjunctive allegations
dismiss
dismissal
dismissal with prejudice
dismissal without prejudice
disorderly conduct
disorderly house
disparate impact
disparate treatment
disposable income
disposing mind and memory
disposition
dispossess
dispute
dispute resolution
disregarding the corporate entity
dissent
dissenting opinion
dissolution
dissolution of corporation
dissolution of marriage
distinctive trademark
distinguish
distress
distribute
distributee
distribution
distribution of profits
District Attorney (DA)
district court
District of Columbia v. Heller (2008)
disturbance of the peace
disturbing the peace
diversion
diversity jurisdiction
diversity of citizenship
Diversity Visa Program (the Lottery)
divestiture
divestment
dividend
divorce
divorce agreement
DNA
docket
doctor-patient privilege
doctrine of equivalents
document
documentary evidence
dog-bite statute
doing business
doing business as (DBA)
DOMA
domain name
domestic partner adoption
domestic partners
domestic relations
domestic violence
domicile
dominant estate
dominant tenement
don't ask, don't tell
donation
donative intent
donee
donor
dooced
double jeopardy
double taxation
double wills
double-entry accounting
doubling
dower
dower and curtesy
down payment
dowry
draft
dram shop rule
draw
drawee
drawer
Dred Scott v. Sandford (1857)
driving under the influence (DUI)
driving while black
driving while intoxicated
driving while intoxicated (DWI)
drop dead date
drunk driving
due
due and owing
due care
due diligence
due process of law
due, owing, and unpaid
due-on-sale clause
DUI
dump-buyback
durable power of attorney
durable power of attorney for finances
durable power of attorney for health care
duress
duty
duty of care
DWI
dying declaration
dynamite charge
dynasty trust
|
e.g.
EA
earned income
earned surplus
earnest payment
earnings record earwitness
easement
easement by prescription
eavesdropping
Economic Stimulus Act of 2008
EEOC
effective assistance of counsel
effective date
effluxion of time
Egelhoff v. Egelhoff (2001)
eggshell skull
egress
EIR
ejectment
ejusdem generis
elder law
election of remedies
election under the will
electioneering
elective share
Electronic Funds Transfer Act
electronic signature
electronic surveillance
eleemosynary
element
elements (of a case)
elements (of a crime)
emancipated minor
emancipation
embassy
embezzlement
embezzler
emblements
emergency
emergency doctrine
emergency protective order
eminent domain
emolument
emotional distress
employee
Employee Retirement Income Security Act (ERISA)
employer
employment
Employment Authorization Document (EAD)
en banc
enabling clause
enclosure (inclosure)
encroach
encroachment
encumber
encumbrance
endangered species
Endangered Species Act of 1973
endorsement (indorsement)
endowment
endowment insurance
enemy combatant
Energy Independence and Security Act of 2007
enfranchise
Engel v. Vitale (1962)
English-only rule
enjoin
enjoyment
enrolled agent (EA)
enter a judgment
entity
entrapment
entry
entry of judgment
environmental impact report (EIR)
environmental law
Equal Employment Opportunity Commission (EEOC)
Equal Pay Act
equal protection
Equal Rights Amendment
equal-opportunity employer
equitable
equitable distribution
equitable estoppel
equitable lien
equitable ownership
equitable relief
equity
equity of redemption
equivalent
ergo
ERISA
erroneous
error
errors and omissions
escalator clause
escape clause
escheat
escrow
escrow agent
escrow instructions
espionage
espousal
esquire
essential job functions
Establishment Clause
estate
estate by entirety
estate planning
estate tax
estate tax threshold
estimated taxes
estop
estoppel
estoppel by deed
estoppel by silence
estoppel in pais
et al.
et seq.
et ux.
et uxor
ethical will
euthanasia
evaluation agreement
evasion of tax
eviction
evidence
evidentiary
ex delicto
ex officio
ex parte
ex post facto
ex rel.
examination
examination report
exception
exception in deed
excessive bail
exchange
excise
excited utterance
exclusionary rule
exclusive license
exculpate
exculpatory
exculpatory clause
exculpatory evidence
excusable neglect
execute
executed remainder
execution
executive clemency
executive order
executive privilege
executor
executory
executory interest
executory remainder
executrix
exemplary damages
exempt employee
exempt property
exemption
exemption trust
exhaustion
exhibit
exonerate
expectancy
expense
expenses of administration
expert testimony
expert witness
express
express contract
express notice
express warranty
expropriation
expunge
extended warranty contracts
extension
extenuating circumstances
extinguishment
extortion
extradite
extradition
extrajudicial
extraordinary compensation
extraordinary fees
extreme cruelty
extrinsic evidence
extrinsic fraud
eyewitness
|
Face amount
face value
fact
fact finder
factor
failure of consideration
failure of issue
fair comment
Fair Credit Billing Act (FCBA)
Fair Credit Reporting Act (FCRA)
Fair Debt Collection Practices Act (FDCPA)
Fair Housing Act & Fair Housing Amendments Act
Fair Labor Standards Act (FLSA)
fair market value
Fair Minimum Wage Act of 2007
fair trade laws
fair use
false arrest
false imprisonment
false pretenses
family
family allowance
Family and Medical Leave Act (FMLA)
family court
family limited partnership
family pot trust
family purpose doctrine
Family Smoking Prevention and Tobacco Control Act of 2009
FAPE
fault divorce
FCBA
FCPA
FCRA
FDCPA
FDIC
Fed. Cir.
federal benefit rate
federal court
federal courts
Federal Deposit Insurance Corporation (FDIC)
Federal Land Policy and Management Act
Federal Mine Safety and Health Act of 1977
federal question
federal tax deposits (FTD)
Federal Tort Claims Act
Federal Trade Commission (FTC)
Federal Unemployment Tax Act (FUTA)
fee
fee simple
fee tail
felon
felonious
felony
felony murder doctrine
Feres doctrine
fertile-octogenarian rule
fi. fa.
FICA tax
FICO
fictitious business name
fictitious defendants
fictitious name
fiduciary
fiduciary relationship
field sobriety test
fieri facias
Fifa lien
fighting words
file
file and suspend
filibuster
filing fee
final beneficiary
final decree
final judgment
final settlement
financial guardian
finder's fee
finding
finding of fact
fire insurance
firm offer
First Amendment
first degree murder
first impression
fiscal sponsor
fiscal year accounting period
fishing expedition
fitness
fixed annuity
fixed asset
fixed in a tangible medium of expression
fixed rate mortgage
fixed trust
fixture
flexible savings account (FSA)
flight
flipping
FLMPA
floating easement
FMLA
FOB
for sale by owner
for value received
forbearance
force majeure
forced sale
forced share
forcible entry
foreclosure
foreclosure sale
foreign corporation
Foreign Corrupt Practices Act of 1977 (FCPA)
foreign divorce
forensic
forensic animation
forensic medicine
forensic testimony
forensics
foreseeability
foreseeable risk
forfeit
forfeiture
forger
forgery
form interrogatories
formula AB trust
fornication
forthwith
forum
forum non conveniens
forum shopping
foster care
foster child
foster parent
four corners of an instrument
framing
franchise
franchise agreement
franchise tax
franchisee
franchiser
frank
fraternal benefit society benefits
fraud
fraud in the inducement
fraudulent conveyance
fraudulent transfer
Fraudulent Transfer Act
free and clear
free appropriate public education
free on board (FOB)
freehold
freelancer
freeze-out
fresh pursuit
friendly suit
friendly witness
fringe benefit
frisk
frivolous
frolic and detour
fruit of the poisonous tree
frustration of purpose
FSBO
FTC
FTCA
fugitive from justice
full disclosure
full faith and credit
fundamental right
funding a trust
fungible things
Furman v. Georgia (1972)
future interest
|
Gag order
garnish
garnishee
garnishment
GATT
gender bias
gender identity
General Agreement on Tariffs and Trade (GATT)
general appearance
general bequest
general counsel
general damages
general denial
general journal
general ledger
general partner
general plan
general power of attorney
generation-skipping transfer
generation-skipping transfer tax
generation-skipping trust
generic genericide
Genetic Information Nondiscrimination Act (GINA)
Geneva Conventions
Gibbons v. Ogden (1824)
Gideon v. Wainright (1963)
gift
gift causa mortis
gift in contemplation of death
gift tax
Gitlow v. New York (1925)
go bail
going out
golden parachute
golden rule argument
Gonzalez v. Raich (2005)
good cause
good faith
good faith estimate (GFE)
Good Samaritan rule
good title
goods
goods & chattels
goodwill
governing law
governmental immunity
grace period
Graham v. Florida (2010)
grand jury
grand jury witness
grand larceny
grand theft
grandfather clause
grandfathered in
grant
grant deed
grantee
grantor
grantor-grantee index
grantor-retained annuity trust
grantor-retained income trust
grantor-retained trust
grantor-retained unitrust
gratuitous
gravamen
green card
greenhouse gases
greenmail
Gregg v. Georgia (1976)
Griggs v. Duke Power Co. (1971)
Griswold v. Connecticut (1965)
gross estate
gross income
gross lease
gross negligence
grounds for divorce
group insurance
group life insurance
Grutter v. Bollinger (2003)
guarantee
guaranteed reservation
guaranteed signature
guarantor
guaranty
guardian
guardian ad litem
guardian of the estate
guardian of the person
guardianship
guest statute
guilty
gun control
|
Habeas corpus
habeas corpus ad subjiciendum
habitable
habitual criminal
half blood
Hamdi v. Rumsfeld (2004)
harass
harassment
harmless error
hate crime
Hate Crimes Act
hazard insurance
head of family
head of household
headnote
health benefits
health care declaration
health care directive
health care proxy
health maintenance organization (HMO)
hearing
hearsay
hearsay rule
heat of passion
hedge fund
heir
heir apparent
heir at law
heir hunter
heiress
heirs of the body
held
Help America Vote Act of 2002
hereditament
hereditary succession
hidden asset
high seas
highway
hiring firm
hit and run statute
hobby loss
hold harmless
holder
holder in due course
holding
holding cell
holding company
holding over
holdover tenant
holographic will
home equity
home office
home rule
home study
home warranty
Homeland Security Act of 2002
homeowners' association
homestead
Homestead Act
homestead declaration
homestead exemption
hometowned
homicide
hornbook law
hostile possession
hostile witness
hostile work environment
hot pursuit
hotchpot
house closing
house counsel
household
householder
housekeeper
Housing and Urban Development (HUD)
HUD
HUD-1
human rights
human trafficking
hung jury
Hustler Magazine, Inc. v. Falwell (1988)
hybrid adjustable rate mortgage
hyperlink
hypothecate
|
I-94 card
i.e. IEP
IIRIRA
illegal
illegal immigrant
Illegal Immigration Reform and Immigration Responsibility Act
illicit
illusory promise
immaterial
immediate relative
immigrant visa
Immigration and Customs Enforcement (ICE)
Immigration and Naturalization Service (INS)
immunity
impairs an exemption
impanel
impaneling
impeach
impeachment
impleader
implied
implied consent
implied contract
implied covenant of good faith and fair dealing
implied warranty
implied warranty of fitness
implied warranty of habitability
implied warranty of merchantability
impossibility
impotence
impound
imprison
improvement
impute
in absentia
in camera
in chambers
in extremis
in forma pauperis
in haec verba
in lieu
in limine
in loco parentis
in pari delicto
in perpetuity
in personam
in pro per
in propria persona
in re
In Re Gault (1967)
in rem
in terrorem clause
in toto
in-house counsel
in-kind
in-kind income
in-kind support and maintenance (ISM)
inadmissible
inadmissible evidence
inalienable
incapacitated
incapacity
incentive stock option (ISO)
incest
inchoate
incidental beneficiary
incidents of ownership
income
income in respect of decedent
income statement
income tax
incompatibility
incompatible
incompetence
incompetency
incompetent
incompetent evidence
incontrovertible evidence
incorporate
incorporate by reference
incorporation
incorporator
incorporeal
incorporeal ownership
incriminate
incumber
incumbrance
incurable insanity
indecent exposure
indefeasible
indefeasible remainder
indemnify
indemnity
indenture
independent contractor
independent trustee
indeterminate sentence
index
indicia
indictable offense
indictment
indigent
indispensable party
individual retirement account (IRA)
individualized education program
indorse
indorsement
ineffective assistance of counsel
infancy
inference
information
information and belief
informed consent
infra
infraction
infringement
infringement (of copyright)
infringement (of trademark)
infringement (of utility patent)
ingress
inherit
inheritance
inheritance tax
inheritors
injunction
injunctive relief
injury
inlining
innocent
innocent spouse rule
innuendo
inquest
INS
insanity
insanity defense
insertion
insider
insider trading
insolvency
inspection of documents
installment agreement
installment contract
installment credit
installment sale
instruction
instrument
insufficient evidence
insurance
insured
insurer
intangible property
integrated pension plan
integration
integration clause
intellectual property
intent
intent to levy
intent-to-use application (ITU)
intentional tort
inter alia
inter se
inter vivos
inter vivos trust
interest
interested witness
interference
interim order
interlineation
interlocutory
interlocutory appeal
interlocutory decree
interlocutory judgment
intermediate scrutiny
intermittent leave
Internal Revenue Code (IRC)
Internal Revenue Service (IRS)
international law
Internet service provider (ISP)
interpleader
interrogation
interrogatories
interstate commerce
intervene
intervening cause
intervention
intestacy
intestate
intestate succession
intoxication
intrinsic fraud
inure
inurement
invasion of privacy
inventory
inverse condemnation
invest
investigative background check
investigative consumer report
investment
investor
invitee
involuntary
IP
ipse dixit
ipso facto
IRA
Iraq War Resolution of 2002
IRC
irreconcilable differences
irrelevant
irremediable or irretrievable breakdown
irreparable harm
irreparable injury
irresistible impulse test
irrevocable life insurance trust (ILIT)
irrevocable trust
IRS
IRS expenses
IRS Regulations
ISP
issue
issue preclusion
itemized deductions
|
J.
J.D.
JAG
Jane Doe
jaywalking
jeopardy
Jim Crow law JNOV
jobber
Jobs and Growth Tax Relief Reconciliation Act of 2003
John Doe
John G. Roberts, Jr.
John Paul Stevens
joinder
joinder of issue
joint
joint adventure
joint and several
joint custody
joint defendant
joint enterprise
joint liability
joint ownership
joint powers agreement
joint resolution of Congress
joint tax return
joint tenancy
joint tortfeasors
joint venture
joint work
Jones Act
journal
joyriding
judge
judge advocate
judgment
judgment by default
judgment creditor
judgment debt
judgment debtor
judgment notwithstanding the verdict (JNOV)
judgment proof
judicial
judicial discretion
judicial foreclosure
judicial notice
judicial proceeding
judicial sale
jumbo loan
jump bail
junk bond
jurat
Juris Doctor (J.D.)
jurisdiction
jurisdictional amount
jurisprudence
jurist
juror
jury
jury box
jury duty
jury fees
jury instruction
jury nullification
jury of one's peers
jury panel
jury selection
jury stress
jury tampering
jury trial
jus cogens
jus naturale
just cause
just compensation
justice
justice of the peace (JP)
justice system
justiciable
justifiable homicide
juvenile court
juvenile delinquent
|
K
kangaroo court
Keogh plan
key employee
kidnapping
kin
kindred
kiting
know-how Korematsu v. United States (1944)
|
L.W.O.P.
L3C
labor and materials (time and materials)
labor certification
laches
land
land trust
landlady
landlocked
landlord
landlord and tenant
landlord's lien
Lanham Act
lapse
lapse statute
larceny
last antecedent rule
last clear chance
last will and testament
latent ambiguity
latent defect
lateral support
law
law and motion calendar
law in books
law of admiralty
law of the case
law of the land
lawful enemy combatant
lawful issue
lawful permanent resident (LPR)
Lawrence v. Texas (2003)
lawsuit
lawyer
lay a foundation
lay witness
lead hazard
leading question
lease
lease option
leasehold
least restrictive environment
leave year
Lee v. Weisman (1992)
legacy
legal
legal succession
legal action
legal advertising
legal age
legal aid
legal cause
legal custody
legal duty
legal fiction
legal malpractice
legal papers
legal risk placement
legal separation
legal services
legal tender
legalese
legatee
legislative immunity
legitimate
lemon
lemon law
lessee
lesser crime
lessor
let
letter of credit
letter of request
letters
letters of administration
letters rogatory
letters testamentary
leverage
levy
lewd
lewd and lascivious
lex loci
LGBT
liability
liability insurance coverage
liable
liar loan
libel
libel per se
liberty
license
licensee
licensor
licit
lie detector test
lien
lienor
LIFE Act
life beneficiary
life estate
life expectancy
life insurance
life insurance avails
life insurance trust
life tenant
life without possibility of parole
life-prolonging procedure
life-sustaining procedures
life-sustaining treatment
like-kind property
likelihood of confusion
Lilly Ledbetter
Lilly Ledbetter Fair Pay Act of 2009
limitation of actions
limited equity housing
limited jurisdiction
limited liability
limited liability company (LLC)
limited liability partnership (LLP)
limited partnership
limited personal liability
limited power of attorney
limiting instructions
lineal consanguinity
lineal descendant
lineup
link
liquid asset
liquidate
liquidated damages
liquidating partner
lis pendens
listed property
literary works
litigant
litigation
litigator
litigious
living trust
living will
LLC
LLP
loan broker
loan consolidation
local rules
locus
loiter
loitering
long cause
long-arm statute
loss
loss carryover
loss damage waiver (LDW)
loss of bargain rule
loss of consortium
loss of use
Loving v. Virginia (1967)
low-profit limited liability company (L3C)
lower court
LRE
LULAC
|
M'Naughten Rule
M.O.
MACRS
magistrate
Magna Carta
Mail or Telephone Order Rule
mailbox rule
maim
mainstreaming
major life activity
majority
make
make one whole
maker
malfeasance
malice
malice aforethought
malicious prosecution
malpractice
malum in se
malum prohibitum
mandamus
mandate
mandatory
mandatory injunction
mandatory joinder
manifest
Mann Act
manslaughter
manual accounting system
Mapp v. Ohio (1961)
Marbury v. Madison (1803)
margin
marginal tax rate
marital deduction
marital misconduct
marital privilege
marital property
marital settlement agreement
marital termination agreement
marital tort
maritime court
maritime law
mark
marked for identification
market value
marketable title
marriage
marriage certificate
marriage license
marshal
martial law
Martin v. Hunter's Lessee (1816)
Martindale-Hubbell
mass layoff
mass tort
Massachusetts trust
master
master and servant
master trust
material
material breach
material witness
matter of record
Matthew Shepard Act
Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act
maturity
may
mayhem
McCain-Feingold Act
McCulloch v. Maryland (1819)
McDonald v. City of Chicago (2010)
McNabb-Mallory Rule
McNaghten Rule
MDL
means test
mechanic's lien
median family income
mediation
mediator
Medicaid
medical certification
medical marijuana
Medicare
Medicare tax
meet and confer
meeting of creditors
meeting of the minds
Megan's Law
member
memorandum
memorandum decision
Memorandum of Points and Authorities
mens rea
mental anguish
mental competence
mental cruelty
mental suffering
mercantile law
merchantable
mercy killing
mercy rule (character evidence admissibility)
merger
mesne
mesne profits
metes and bounds
mileage log
military commission
Military Commissions Act of 2006
military law
millage
MINE Act
Mine Improvement and New Emergency Response Act of 2006
Mine Safety and Health Administration
MINER Act
mineral rights
minimum contacts
minimum wage
mining claim
ministerial act
minor
minority
minutes
Miranda v. Arizona (1966)
Miranda warnings
mirror wills
misappropriation
misdemeanor
misfeasance
misjoinder
misprision of a felony
misrepresentation
mistake
mistrial
misunderstanding
mitigating circumstances
mitigation of damages
MLS
Model Rules of Professional Conduct
modification
modus operandi
moiety
molestation
money order
monopoly
month-to-month
month-to-month tenancy
monument
moonlighting
moot
moot court
moot point
moral certainty
moral rights
moral turpitude
moratorium
mortality charge
mortgage
mortgage broker
mortgage delinquency
mortgage rate buydown
mortgage servicer
mortgage-backed security
mortgagee
mortgagor
mortmain
motion
motion for new trial
motion for summary judgment
motion in limine
motion to dismiss
motion to strike
motion to suppress
motive
mouthpiece
movant
move
moving party
mugging
Muller v. Oregon (1908)
multidistrict litigation
multiple listing service
multiplicity of actions
municipal
municipal court
muniment of title
murder
mutual
mutual wills
mystic will
|
Naked option
narcotics
National Credit Union Administration (NCUA)
National Credit Union Share Insurance Fund (NCUSIF)
National Labor Relations Board (NLRB)
National Visa Center (NVC)
natural law
natural person
naturalization
Near v. Minnesota (1931)
necessaries
necessary inference
necessary party
necessities
negative amortization
negative averment
negative income
negative pregnant
negligence
negligence per se
negligent
negligent tort
negotiable instrument
negotiation
net
net earnings
net estate
net income
net lease
net loss
net operating loss (NOL)
new matter
New York Times v. Sullivan (1964)
next friend
next of kin
nihil
nil
nisi prius
No Child Left Behind Act of 2001
no contest
no fault
no-contest clause
no-fault divorce
no-fault insurance
no-par stock
nol. pros.
nolle prosequi
nolo
nolo contendere
nominal damages
nominal party
nominee
non compos mentis
non sequitur
noncompete
noncompetition agreement
nonconforming use
noncontest clause
noncontestability clause
noncontiguous
noncountable resource
noncustodial parent
nondischargeable debts
nondisclosure agreement
nondiscretionary trust
nondisparagement clause
nonexempt employee
nonexempt property
nonfeasance
nonimmigrant
nonimmigrant visa
nonjudicial foreclosure
nonlapse statute
nonobviousness
nonprobate assets
nonprobate estate
nonprobate transfer
nonprofit corporation
nonrecourse loan
nonrecurring closing costs
nonsolicitation agreement
nonsuit
nontransferable ticket
Norris v. Alabama (1935)
not guilty
not guilty by reason of insanity
notarize
notary
notary public
note
notice
notice of default
notice of deficiency
notice of tax lien
notice to quit
notorious possession
NOV (non obstante veredicto)
novation
novelty
noxious
nugatory
nuisance
nuisance fees
nulla bona
nullity
nunc pro tunc
nuncupative will
|
O.R.
O.S.C.
oath
oath of office
obiter dicta
obiter dictum
object
objection
obligation
obligee
obligor
OBRA
obscene
obscenity
obstruction of justice
occupancy
occupancy standard
occupant
occupation
occupational disease
occupational hazard
Occupational Safety and Health Act (OSHA)
occupy the field
of counsel
off calendar
offender
offense
offensive collateral estoppel
offer
offer in compromise
offer of proof
offeree
offeror
officer
officer of the court
official
official misconduct
officious intermeddler
offset
offshore corporation
Oil Pollution Act of 1990
Older Workers Benefit Protection Act (OWBPA)
olographic will
omission
omitted heir
omnibus clause
on all fours
on demand
on or about
on or before
on the merits
on the stand
one-bite rule
one-person, one-vote rule
one-year rule
open adoption
open court
open-ended loan
opening statement
operating agreement
operation of law
opinion
option
Option ARM
oral contract
order
order of examination
order to show cause
ordinance
ordinary course of business
original jurisdiction
original work of authorship
origination fee
orphan
orphan works
OSHA
ostensible agent
ostensible authority
ouster
out of court
out-of-pocket expense
outbuilding
outlaw
output contract
overbooking
overcharge
overrule
overt act
owelty
own recognizance (OR)
owner
owners' agreement
ownership
ownership in common
|
Pain and suffering
palimony
palliative care
pander
panderer
panel
paper hanger
par
par value
par-value stock
paralegal
paramount title
parcel
pardon parens patriae
parent
Parental Kidnapping Prevention Act (PKPA)
parental neglect
parenting plan
pari delicto
parish
parody
parol
parol evidence rule
parole
partial breach
partial disability
partial verdict
Partial-Birth Abortion Ban Act of 2003
partially secured debt
participate
partition
partition by sale
partition in kind
partner
partnership
party
party of the first part
party of the second part
party wall
pass-through taxation
passenger
passive
pat-down
patent
patent ambiguity
Patent and Trademark Office (PTO)
patent claim
patent claims
patent deed
patent defect
patent drawing
patent infringement
patent pending
patent search
patent troll
paternity suit
Patient Protection and Affordable Care Act of 2010
Patriot Act
pawn
pawnbroker
pay or quit
payable
payable on demand
payable-on-death designation
payback provision
payee
payment in due course
payment in full
payment into court
payor
payroll taxes
PBGC
peace bond
peaceable possession
peculation
pecuniary
pedophilia
peeping Tom
peer
peer review
pen register
penal
penalty
penalty clause
pendent jurisdiction
pendente lite
penitentiary
pension
Pension Benefit Guaranty Corporation (PBGC)
people
People's Initiative to Limit Property Taxation
per
per capita
per curiam
per diem
per se
per stirpes
percipient witness
peremptory
peremptory challenge
peremptory norm
peremptory writ of mandate (or mandamus)
perfect
perfected
perform
performance
perjurer
perjury
PERM
permanent disability
permanent injunction
permanent injury
permanent resident
permit
perpetuity
person
personal effects
personal financial responsibility counseling
personal guardian
personal injury
personal injury recovery
personal property
personal representative
personal service
personal services
personalty
pet trust
petit jury
petition
petitioner
petty larceny
phishing
physical custody
physical incapacity
physician-assisted suicide
physician-patient privilege
picketing
piercing the corporate veil
piercing the veil
pilferage
pimp
pink slip
piracy
PITI
PKPA
plagiarism
plain error
plain view doctrine
plaintiff
plaintiff's attorney
Plan for Achieving Self-Support (PASS)
Planned Parenthood of Southeastern Pennsylvania v. Casey (1992)
plant closing
plant patent
plea
plea bargain
plea in abatement
plead
pleading
pledge
plenary
Plessy v. Ferguson (1896)
Plyler v. Doe (1982)
PMI
POD
points and authorities
poison pill
police court
police powers
political question
poll
poll book
polygamy
polygraph
POMS
Ponzi scheme
pooled trust
pornography
positive law
posse comitatus
possess
possession
possession of stolen goods
possessory interest
possibility of a reverter
post
post hoc
post mortem
postdated check
posthumous child
posting
postjudgment interest
pot
pot trust
pour-over will
power of acceptance
power of appointment
power of attorney
PPA
practicable
practice
praecipe
pray
prayer for relief
pre-dup
precatory
precedent
predatory lending
predecease
predeceased spouse
preemption
preemptive right
preference
preference relative
preferred dividend
preferred stock
Pregnancy Discrimination Act
prejudgment interest
preliminary hearing
preliminary injunction
premarital agreement
premeditation
premises
premium
prenatal tort
prenuptial agreement
prepayment penalty
preponderance of the evidence
preregistration agreement
prerogative writ
prescription
prescriptive easement
presenteeism
presentment
Presidential signing statements
presiding judge
presumed abuse
presumed maximum value (PMV)
presumption
presumption of innocence
pretermitted heir
pretrial discovery
prevailing party
price fixing
prima facie
prima facie case
prime suspect
primogeniture
principal
principal place of business
Principal Register
prior art
prior restraint
prior(s)
priority
priority date
priority debt
privacy
private annuity
private carrier
private mortgage insurance
private nuisance
private property
private road
privilege
privilege against self-incrimination
privileged communication
Privileges and Immunities Clause
privity
pro bono
pro forma
pro hac vice
pro per
pro rata
pro se
pro tanto
pro tem
pro tempore
probable cause
probate
probate court
probate estate
probation
probative
probative facts
probative value
procedural law
procedure
proceeding
proceeds for damaged exempt property
process
process server
proctor
product liability
products liability
professional corporation
professional negligence
proffer
profit and loss statement
profit margin
prohibition
promise
promissory estoppel
promissory note
promoter
promotional stock
proof
proper party
property
property control trust
property damage
property guardian
property tax
property tort
Proposition 13
Proposition 8
propria persona
proprietary
proprietary interest
proprietary lease
proprietary rights
proprietor
proprietorship
prosecute
prosecuting attorney
prosecution
prosecutor
prospectus
prostitute
prostitution
protected characteristic
protected class
protective custody
protest
prove
proving a will
provisional ballot
provisional patent application (PPA)
provisional remedy
proviso
provocation
proximate cause
proxy
prudent person rule
PTO
public
public administrator
public benefit corporation
public charge
public corporation
public defender
public domain
public domain lands
public easement
public figure
public nuisance
public property
public record
public trust doctrine
public use
public utility
publication
publish
published work
puffery
puffing
punitive damages
pur autre vie
put option
putative
pyramid scheme
|
QDOT
QDRO
QMSCO
QTIP trust
Qualified Domestic Relations Order (QDRO)
qualified domestic trust
qualified endorsement
qualified individual with a disability
qualified intermediary
Qualified Medical Child Support Order (QMSCO)
qualified ownership
qualified personal residence trust (QPRT)
qualified plan
qualified retirement plan
qualified small business stock
qualified witness
quantum meruit
quash
quasi
quasi contract
quasi in rem
quasi-community property
quasi-corporation
quasi-criminal
quasi-judicial
quasi-personalty
Queen's Bench
question of fact
question of law
qui tam action
QUID
quid pro quo
quiet enjoyment
quiet title action
quit
quitclaim deed
quo warranto
quorum
quotient verdict
|
Racketeer Influenced and Corrupt Organizations Act (RICO)
racketeering
rainmaker
ransom
rape
ratable
ratification
ratify
rational basis
rational basis test
read on
ready, willing, and able
reaffirmation
real covenant
real estate
real estate agent
real estate broker
real estate investment trust (REIT)
real party in interest
real property
Realtor
realty
reasonable
reasonable accommodation
reasonable care
reasonable doubt
reasonable person
reasonable reliance
reasonable speed
reasonable time
reasonable victim
reasonable wear and tear
rebate
rebuttable presumption
rebuttal
rebuttal witness
recapture
receipt
receiver
receivership
recess
recidivist
reciprocal beneficiaries
reciprocal discovery
reciprocity
reckless
reckless disregard
reckless driving
reconveyance
record
record keeping
recording
recording acts
records
recoupment
recourse
recourse loan
recover
recoverable
recovery
recurring closing costs
recusal
recuse
red herring
redaction
redeem
redemption
reentry
referee
referendum
reformation
refresh one's recollection
refugee
Regents of the University of California v. Bakke (1978)
register
Register of Deeds
registered agent
registered sex offender
registration statement
registry of deeds
regulation
Rehabilitation Act of 1973
rehearing
REIT
release
release on one's own recognizance
relevant
reliance
reliction
relief
relinquished property
remainder
remainder subject to a condition precedent
remainder subject to divestment
remainder subject to open
remainderman
remand
remedy
remise
remittitur
removal
renewal
rent
rent control
rent to buy
rent to own
rent withholding
rental agreement
rental value
renunciation
reorganization
repair and deduct
repeal
replacement property
replacement value
replevin
reply brief
reports
repossess
repossession
represent
representation
representative
representative payee
reprieve
repudiation
reputation
reputed
request
request for admission
request to admit
required minimum distribution
requirements contract
res
res adjudicata
res gestae
res gestae witness
res ipsa loquitur
res judicata
res nova
resale
rescind
rescission
rescue doctrine
reservation
reserve fund
residence
resident
residuary beneficiary
residuary bequest
residuary estate
residue
resisting arrest
resolution
resolution of Congress
respondeat superior
respondent
response
responsible
responsive pleading
Restatement of the Law
restitution
restraining order
restraint of trade
restraint on alienation
restriction
restrictive covenant
restrictive endorsement
resulting trust
resume inflation
retained earnings
retainer
retaliation
retaliatory eviction
retirement benefits
retraction
retrial
retroactive
return of service
revenue agent
revenue ruling
reversal
reverse engineering
reverse mortgage
reversible error
reversion
reverter
review
revival
revocable living trust
revocation
revoke
revolving credit
Reynolds v. Sims (1964)
rhadamanthine
RICO
rider
right
right of representation
right of survivorship
right of way
right to cancel (a contract)
right to counsel
right to privacy
right to work state
rights
riot
riparian
riparian rights
ripe
risk
risk of loss
roadside test
robbery
Roe v. Wade (1973)
rogatory letters
roll over
Roth v. United States (1957)
royalty
rule
rule against perpetuities
rule of doubt
rules of court
ruling
running at large
running with the land
Ruth Bader Ginsburg
|
S
corporation
Salazar v. Buono (2010)
sale
sales tax
salvage
same-sex marriage
sample ballot
Samuel Anthony Alito, Jr.
sanction
Sandra Day O'Connor
Sarbanes-Oxley Act
satisfaction
satisfaction of judgment
satisfaction of mortgage
save harmless
savings and loan
Schecter Poultry Corp. v. United States (1931)
schedule
Schenk v. United States (1919)
School District of Abington Township, Pennsylvania v. Schempp (1963)
scienter
scintilla
scope of employment
scrivener
seal
sealed verdict
sealing of records
search
search and seizure
search warrant
SEC
Second Amendment
second degree murder
secondary boycott
secondary meaning
secret rebate
secret warranty program
Section 1981
Section 504
Section 8
Section1244 Stock
secured debt
secured transaction
securities
Securities and Exchange Commission (SEC)
security deposit
security interest
sedition
seduction
seised
seisin
seized
seizin
seizure
self-dealing
self-defense
self-employed
self-employment tax
self-executing
self-help
self-incrimination
self-proving will
self-serving
self-settled trust
sell
seller
senior lien
sentence
SEP
SEP-IRA
separate property
separation
separation agreement
separation of church and state
separation of powers
sequester
sequestration
seriatim
serious health condition
servant
service
service business
service by fax
service by mail
service by publication
service mark
service of process
servient estate
servient tenement
session
set
set aside
setback
setoff
setting
settle
settlement
settlor
severability clause
severable contract
several liability
severance
severance pay
sex offender
Harassment
shall
share
shared custody
shared equity mortgage
shareholder
shareholder's derivative action
shareholders' agreement
shareholders' meeting
sharp practice
Shelley v. Kraemer (1948)
sheltered workshop
Shepardize
sheriff
sheriff's sale
Sherman Antitrust Act
shield laws
shifting the burden of proof
shoplifting
short cause
short sale
shortening time
shotgun charge
show cause order
sick leave
sickness benefits
sidebar
sideline business
signature guarantee
signing statement
silent partner
similarly situated
simple trust
simplified employee pension plan
simultaneous death act
sine qua non
single-entry accounting
situs
skip person
slander
SLAPP suit
slayer statute
small claims court
small entity
small estate
smoking gun
Social Security
Social Security Administration
Social Security statement
Social Security tax
sodomy
sole custody
sole proprietorship
solicitation
solicitor
Solicitor General
solitary confinement
solvency
Sonia Sotomayor
sound mind and memory
sound recording
sounds in
sovereign immunity
spam
speaking demurrer
spear phishing
special administrator
special appearance
special circumstances
special damages
special education
Special Immigrant
special master
special needs
special needs trust
special power of attorney
special prosecutor
special verdict
specials
specific bequest
specific devise
specific finding
specific intent
specific legacy
specific performance
specification
speculative damages
speedy trial
spend down
spendthrift clause
spendthrift trust
spite fence
split custody
sponsor
spontaneous exclamation
spot zoning
spousal privilege
spousal share
spousal support
springing durable power of attorney
springing interest
sprinkling trust
SSA
SSDI
SSI
stakeholder
stalking
standard mileage rate
standard of care
Standard Oil Co. of New Jersey v. United States (1911)
standing
star chamber proceedings
stare decisis
Starker exchange
state
state action
state court
state's attorney
stated-income loan
status
status conference
statute
statute of frauds
statute of limitations
statutory damages
statutory offer of settlement
statutory rape
statutory share
statutory subject matter
stay
stay of execution
stayaway order
stepchild
Stephen Breyer
stepparent
stepparent adoption
stepped-up basis
stipulation
stirpes
stock
stock certificate
stock dividend
stock in trade
stock option
stockholder
stockholder's derivative action
stop and frisk
straight-line depreciation
strategic default
straw man
street
strict construction
strict liability
strict scrutiny
strike
structure
sua sponte
subchapter S corporation
subcontractor
sublease
submit
subordination
subordination agreement
subornation of perjury
subpena (subpoena)
subpena duces tecum
subpoena
subprime loan
subprime mortgage
subrogation
subrogee
subrogor
subscribe
subscribing witness
subsidiary
substantial performance
substantive law
substituted service
substitution
substitution of attorney
substitution of parties
subtenant
success billing
succession
succession representative
successive sentences
successor trustee
suffering
sufficient cause
sui generis
suicide
suicide clause
suit
sum certain
summary adjudication
summary judgment
summary probate
summation
summons
sunset law
sunshine laws
superior court
supernumerary witness
supersedeas
superseding cause
supervening cause
supplemental
supplemental needs trust
Supplemental Register
Support Our Law Enforcement and Safe Neighborhoods Act of 2010
suppression of evidence
supra
supremacy clause
Supreme Court
surcharge
surety
surplusage
surrebuttal
surrender value
surrogate
surrogate court
surveillance
surviving spouse
surviving spouse's trust
survivor
survivors benefits
survivorship
suspect classification
suspended sentence
suspension of deportation
sustain
swear
swearing match
sweat equity
swift witness
swindle
syndicate
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Tainted evidence
take
taking
taking against the will
taking the Fifth
tangible employment action
tangible personal property
target witness
tax
tax attorney
tax auditor
tax basis
tax bracket
tax costs
tax court
tax credit
tax deduction
tax evasion
tax examiner
tax fraud
tax lien notice
tax registration certificate
tax return
tax sale
tax withholding
tax-deferred exchange
tax-exempt income
taxable income
taxpayer bill of rights
taxpayer identification number (TIN)
temporary injunction
temporary insanity
Temporary Protected Status (TPS)
temporary restraining order (TRO)
tenancy
tenancy at sufferance
tenancy at will
tenancy by the entireties
tenancy by the entirety
tenancy in common
tenant
tenants in common
tender
tender back rule
tender offer
tenement
tentative trust
tenure
term
term life insurance
terrorem clause
testacy
testamentary
testamentary capacity
testamentary disposition
testamentary trust
testate
testate succession
testator
testatrix
testify
testimony
Texas v. Johnson (1989)
TFRP
theft
third degree instruction
third party
third-party beneficiary
third-party trust
threatened species
three strikes
three-day notice
three-of-five test
tidelands
TILA
time is of the essence
time served
timely
title
title abstract
title company
title insurance
Title IX
title report
title search
Title VII
Title X
to wit
TOD
TOD deed
toll
tontine
too big to fail
tools of the trade
tort
tort claims act
tortfeasor
tortious
tortious interference
Totten trust
toxic mold
toxic tort
trade dress
trade fixture
trade name
trade secret
trademark
trademark owner
trademark registration
trademark search
traffic
transaction
transcript
transfer
transfer agent
transfer in contemplation of death
transfer-on-death (TOD)
transfer-on-death deed
transferred intent
transgender
transsexual
treason
treasury bill
treasury bond
treasury note
treasury stock
treatise
treaty
treble damages
trespass
trial
trial court
trial de novo
tribunal
trier of fact
triple net lease
TRO
true bill
trust
trust administration
trust corpus
trust declaration
trust deed
trust fund
trust fund recovery penalty (TFRP)
trust fund taxes
trust instrument
trust merger
trust protector
trust res
trustee
trustee in bankruptcy
trustee powers
trustor
Truth in Lending Act (TILA)
turn state's evidence
turncoat witness
Twinkie defense
typosquatting
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U.N.
U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act of 2007 UBO
UCC
UCC Financing Statement
UCC-1 Form
UCCJEA
ultimate fact
ultra vires
ultrahazardous activity
unbundled legal services
unclean hands
unconscionability
unconscionable
unconstitutional
uncontested divorce
under the influence
undercapitalization
undersecured debt
underwater mortgage
underwrite
underwriter
undisclosed principal
undivided interest
undocumented immigrant
undue burden
undue hardship
undue influence
unearned income
unemployment insurance (UI)
unenforceable contract
unfair competition
unified estate and gift tax
Uniform Anatomical Gift Act
Uniform Child Custody Jurisdiction and Enforcement Act
Uniform Commercial Code
Uniform Gifts to Minors Act (UGMA)
uniform law
Uniform Premarital Agreement Act
Uniform Principal and Interest Act
Uniform Probate Code
Uniform Prudent Investor Act
Uniform Resource Locator (URL)
Uniform Simultaneous Death Act
Uniform Transfer-on-Death Securities Registration Act
Uniform Transfers to Minors Act
Uniformed Services Employment and Reemployment Rights Act (USERRA)
unilateral contract
unincorporated business organization (UBO)
uninsured motorist clause
union security agreement
union shop
unissued stock
United Nations
United States Attorney
United States Citizenship and Immigration Services (USCIS)
United States Copyright Office
United States Court of Appeals for the Federal Circuit
United States Patent and Trademark Office (USPTO)
United Steelworkers of America v. Weber (1979)
universal life insurance
unjust enrichment
unlawful
unlawful assembly
unlawful detainer
unlawful enemy combatant
unqualified ownership
unreasonable search and seizure
unsecured debt
upside-down mortgage
URL
use
use tax
useful life
usefulness
usufruct
usufructuary
usurious
usury
utility patent
UTMA
utter
uxor
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Vacant succession
vacate
vagrancy
valuable consideration
Van Orden v. Perry (2005)
variable annuity
variable life insurance
variable universal life insurance
variance
vehicular manslaughter
vendee
vendor
venire
veniremen
venue
verdict
verification
vertical privity
vest
vested
vested ownership
vested remainder
vexatious litigation
vicarious liability
view ordinance
vigilante
Village of Euclid v. Amber Realty (1926)
visa
visa waiver program
visitation rights
viz
void
void for vagueness
voidable contract
voir dire
volenti non fit injuria
voluntary bankruptcy
voter bill of rights
voting trust
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W-2 form
wage attachment
wages
waive
waiver
wanton
ward
warrant
warranty
warranty adjustment program
warranty deed
warranty of fitness
warranty of merchantability
wash sale
Washington DC Voting Rights Amendment
waste
watered stock
Watkins v. United States (1957)
Waxman-Markey Bill
weight of evidence
wet reckless
whiplash whistleblogger
whistleblower
white-collar crime
whole life insurance
widow
widow's election
widower
wildcard exemption
will
will contest
willful
willful tort
winding up
winding up a corporation
wiretap
wiretapping
with prejudice
withdrawal
withdrawal of a corporation
withholding
witness
witness stand
witnesseth
wobbler
Woodson v. North Carolina (1976)
words of art
words of procreation
work credits
work for hire
work made for hire
work permit
work product
Worker Adjustment and Retraining Notification Act (WARN)
workers' compensation
Workers' Compensation Acts
workmen's compensation
workout
World Court
writ
writ of attachment
writ of coram nobis
writ of execution
writ of mandate (mandamus)
writ of prohibition
write-off
wrongful death
wrongful termination
wrongful termination in violation of public policy
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Yellow-dog contract
Youngstown Steel v. Sawyer (1952)
youthful offender
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Zambrano
zealous witness
zero tape
zoning
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LEX
OMNI________________ LAW GROUP
________________LEX OMNI |
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Lex Omni Law Group
Lex Omni Law Group is a group of
lawyers with extensive experience and wide practice spectrum with
the mission to offer
affordable legal services to INDIVIDUALS and SMALL BUSINESSES. Lex Omni translates from
Latin to Law for All but also could be loosely translated to All Law,
Businesses are assisted
from the formation stage to the exit stage, through legal support
not only in the areas of contracts, labor and employment, insurance
and taxation, real property, pensions and benefits, but also the
more complex matters of intellectual property, environmental law and
business torts.
In addition to small business legal services, Lex Omni Law Group
attorneys offers related non-business legal advice and
representation. Individual clients can
select from Estate Planning and Assets Protection services, as well
as financial consumer protection.
Centered around the needs of small businesses and their owners, Lex
Omni Law Group attorneys lend support at affordable prices through a
variety of services ranging from access to “off-the-shelf” document
drafting to opinion letters. Clients can choose between low hourly
rates or customized flat fee packages. Lex Omni Law Group affordable
legal services rates start from $150.00/hr which are well below the
national average legal fees as published by United States Attorney's
Office, District of Columbia, also known as Laffey Matrix. Lex Omni
Law Group offers significant discounts for small businesses,
disabled, veterans and senior citizens. Lex Omni Law Group practice
represents clients in commercial real estate deals and in commercial
litigation matters throughout the state of California, including San
Jose, Silicon Valley, San Francisco, Bay Area, Campbell, Cupertino,
Los Gatos, Sunnyvale, Saratoga, Los Altos, Mountain View, Palo Alto,
Redwood City, Oakland, Fremont, Milpitas, Menlo Park, Santa Clara
and Santa Clara county. Lex Omni Business Law is also best choice
for out-of-state and international clients with business interests
in California.
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LEX OMNI LAW
GROUP |
900 Lafayette St, Ste 201, |
Santa Clara, CA 95050 |
LEX OMNI LAW
GROUP |
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