Childhood reveals many insights into the trends that will carry forward into adult life, and how children view their own reflections on what is happening in the world around them. During one summer period, the kids in my neighborhood decided we needed a system for resolving the many conflicts that appeared to be surfacing among the various factions of kid level control. In order to air our grievances, it was decided that we would form a court system to resolve our troubles and find collective solutions to the issues we were facing.

Responsibilities for our newly formed court fell into the hands of those who wanted the jobs of judge, lawyers, plaintiffs and defendants. As soon as the system was agreed upon, our first session of court dealt with a handful of immediate cases that seemed to be the most pressing. The natural leader of our group assumed the role of judge, and found himself immediately dealing with a full docket of cases that needed to be addressed. Since there was nothing much else in mind to do on this particular day, the lawsuits began with establishing the rules of behavior in various situations. The judge was quick to dismiss any charges that were levied against himself, because he was the judge, and moved on to more pressing matters. Our first cases were seeking arbitration from the judge in matters that dealt with issues like calling each other derogatory names. Several cases were heard from both sides, with decisions and penalties handed down from the bench to end the conflicts.

After the cases were decided, we closed our court session and went off to play at something else, with a minimum of jail time offered as punishment. Everyone involved with the court was pleased that we now had a way to address the things that needed to be heard, although not everyone had been satisfied with the outcome of each case. As we played with each other, there were some kids who enjoyed the idea that if something went wrong, they could threaten their peers with taking them to court.

For several days following our opening court session, our play time was periodically interrupted by the call for new lawsuits due to flagrant violations of issues that had been settled in previous court cases. No matter what we were doing, when a kid called out for justice, we dropped everything we were doing and held a new trial. Each new session of the court dragged on for longer periods of time, as witnesses gave their testimonies and lawyers argued that defendants had no malice aforethought in committing their infractions. We had seen movies about court, so everyone became adept in handling the arguments and accusations from both sides of the issues. Some of the kids distinguished themselves as the top lawyers to retain in questionable circumstances.

After about a week of trials for various types of troubles, there was one particular incident that brought our court system to a screeching and permanent halt. In a landmark case, Joe was on trial for committing yet another infraction related to his behavior with the other kids. As the issues were stated and the trial was under way, Joe was confronted by the judge to find out if his plea was guilty or not guilty.

Instead of following the established protocol, Joe answered the accusations with a simple statement, “Court, court, court…I’m sick of court and I ain’t going to do it any more.”

With this statement, Joe got up, left the garage courtroom, and went home for the day. Since Joe was the judge’s brother, it was decided by the judge that we would have to figure out some other way to resolve our differences, because everyone was getting sick of going to court. He closed the court system down for good, and we never had another trial.

By: John Dir

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Divorce can sometimes be the best last option in a bad marriage. However, getting a divorce is not an easy task. The procedure usually involves a lot of legal complexities relating to the custody of children, property, alimony, child support and other such issues. Letting a divorce lawyer deal with all such messy issues would be the best choice for either party.

Divorce lawyers are usually those lawyers that deal with the family law. They are specialized in all areas of family matters and can provide sound legal counsel when approached for the same. It is usual as well as safer for both the parties to use different divorce lawyers to deal with the proceedings and individual matters of both the parties separately. The divorce lawyers will provide excellent advice relating to the divorce proceedings and also other matters that might crop up later on after the divorce.

Checking through the yellow pages would also produce quite a list of all the lawyers practicing family law. However, getting a lawyer for free is another matter. Even the ones on the Internet tend to charge a nominal fee for the advice provided. Even with the Pro Se or the do it yourself divorces that usually do not require a lawyer, some charges would be applicable if a lawyer gets involved in the proceedings.

One sure way of getting free lawyers advice is through the talk shows on TV and radios. However, it’s only for those who are able to get connected to the speaker or the guest in the talk show. Also, very less time would be allotted for asking the questions and getting them clarified to ones satisfaction.

Although it might be a difficult task to find free lawyers practicing family law, the other option is to file the papers without the assistance of a lawyer. This way both the parties can represent themselves in the court all by themselves without an attorney assisting them. This would ensure no money goes to the lawyer and is practically a free divorce except for the forms that are available online on the Internet at nominal prices presently. It is, however, suggested to get the initial paperwork reviewed by an experienced lawyer would be a good choice before filing the papers. This would ensure that all the requisite documents are being provided and getting a separation is only a matter of time even with individual representation in the court without the assistance of a lawyer. The list of documents to be submitted is available on the Internet on websites that help with Pro Se divorces and are relatively easy to locate.

By: Kent Pinkerton

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Fat Burning

As you know lawyers of Pakistan struggle very hard from 9th of march 2007 and till now their struggle is in full form and seems like they don’t stop here but they believe in the nation’s strength. They have this dream in their minds that it’s time to change Pakistan and it’s time to start progress in the betterment of their country.

Lawyers Long March starts from 10th of June 2008 and it’s seems like it is not the same kind of march that lawyers do before the 18th February elections, but it is that kind in the result of which the government, would restore judiciary in the same position of 2nd of October 2007.

Although lawyers of Pakistan also had very good support of almost all the main stream political parties when they do their protest before 18th of February 2008. and they did quite well. but now the situation is more crucial and it seems like now not only lawyers are on the roads and political parties except PPP (Pakistan peoples Party), but also people of Pakistan also participate in this long march, whether they are affiliate with any party or not. they are all come on street and say ” Enough is enough, We are gather here to restore judges and change our country Pakistan and also to good bye President Pervaiz Musharraf and any other military dictator who have thoughts in mind to hijack Pakistan “.

I think this long march will decide the future of Pakistan, whether we live the same life as we live in our 60 years or we want change and start building Pakistan from beginning. and believe me we can do it. we definitely can do it.

By: Umer Hayat

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Potty Training

What is negligence?

Negligence is the legal term for any careless behavior that causes, or contributes to, an accident. For example, a person is negligent if he neglected to stop at a stop sign and, as a result, hit your car as you were coming through the intersection.

A person can be considered negligent whenever he or she had a duty to act carefully and failed to do so. (Generally, we all have an obligation to act with ordinary and reasonable care in any given situation — that is, in a manner that will not foreseeably injure those around us.) For example, a person who drove at night wearing sunglasses would be negligent, because any reasonable driver would know that doing so would increase the chances of causing a traffic accident. For most types of accidents, a person must be found negligent in order to be held legally responsible for another person injuries. If a person behaves negligently and that behavior causes you harm, you can most likely recover compensation for your injuries.

How do I legally prove who was at fault for an accident?

You will probably be making your case to an insurance company, not a court of law, so you do not need legally perfect proof of anything. You will be negotiating informally with the insurance company through letters and phone calls with an insurance adjuster. You just need to make a reasonable argument — in plain language — that another person or company was careless (negligent), even if there are also plausible arguments on the other side.

For example, in a car accident case, you do not need to present measurements of tire marks or precise angles of collision. Just point out that the other driver hit you from the rear or turned in front of you. Common knowledge of driving rules tells both you and the insurance company who was at fault. If you make a good argument why the other person was at fault, the adjuster will realize that if the matter wound up in court, there is a good possibility that its insured person would be found legally responsible. Companies usually prefer to pay a reasonable claim settlement sooner, rather than risk having to later pay not only for your injuries, but also court costs and lawyer fees.

Can I get compensation for my injuries if the accident might have been partly my fault?

Even if you might have partly caused an accident yourself, you can still receive compensation from anyone else who partly caused the accident through carelessness (or recklessness). The amount of another person responsibility is determined by comparing his or her carelessness with your own. For example, if you were 25% at fault and the other person was 75% at fault, the other person (or that person insurance company) must pay 75% of the fair compensation for your injuries. This rule is called comparative negligence.

A few states bar you from compensation if your own carelessness substantially contributed to the accident. (This is called contributory negligence.) But in practice, the question of whether and how much your carelessness actually contributed to the accident is a point to negotiate with the insurance adjuster. There is no formula for assigning a percentage to your carelessness, or that of the other person. During claim negotiations, you will come up with one percentage; the adjuster may come up with another percentage and explain why you bear greater responsibility for the accident. The different percentages at which you each arrive then go into the negotiating hopper with all the other factors that determine how much your claim is worth.

Can I get compensation for my injuries if my physical limitations made the accident more likely or made my injuries worse?

Say you have a bad knee, which makes one leg a bit unsteady. Or your eyesight, even with glasses, is not very strong. If you fall on a broken stair, are you still entitled to compensation even though someone with stronger legs or better eyesight might not have fallen? Absolutely. All people, regardless of physical ability, have a legal right to make their way through the world without unnecessary danger. Owners and occupants of property must not put in unnecessary danger any person who might reasonably be expected to be on the property. The same goes for drivers and everyone else — no one may create unnecessary danger for anyone whose path they might cross.

By: Shaun Kevin Smith

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Law and Medicine

In this article I’d like to take a look at the topic of credit repair lawyers, and see whether or not this is a good choice for your particular situation. I’m a big believer in self help credit repair, and truly believe this is the best course for 90% plus of those of us who have suffered from the ignominious fate of a negative credit rating. That said, let’s look below at 4 things you ought to know about credit repair lawyers, if indeed you are considering pursuing this path. Read on..:-)

Credit Repair is a Straightforward Process for All

If you need your credit fixed, the lawyer you hire is going to pretty much pursue the very same path that you would do for yourself if attempted self help restoration methods. There are no “special” laws that your lawyer has access to over and above the ones mentioned below.

The FCRA is STILL the 800 pound Gorilla in the Middle of the Room

The Fair Credit Reporting Act is the law that has adjudicated credit repair issues between consumers like you and I, and the three major credit bureaus for well over 2 decades. (it has since been amended many times since, signed AGAIN by each President over the last 16 years, and it’s recent rewrite has given it a new name – but we’ll stick with it’s commonly understood one for simplicity). The FCRA is YOUR ticket to credit improvement, whether you hire a lawyer to do it, or whether you simply learn the basic protocols and pursue them yourself. (very simple stuff…nothing scary here, I promise!)

A Lawyer Will Get a *little* bit of special dispensation from the bureaus

A lawyer will simply bring a little bit of extra gravitas to the table when filing a dispute in your behalf. But remember, the credit bureaus are inundated by disputes from “law firms”, and they were NOT born yesterday..:-) They realize that paralegals and administrative assistants are filing disputes, and that most “credit repair lawyers” are simply restoration clinics that operate under the auspices of a prominent attorney’s office or practice.

It’s going to be the most expensive option on the table..:-)

Very simply, a credit repair attorney is going to be expensive! There are probably a ton of very skilled attorneys out there that handle lots of credit repair cases…but I’m going to be honest with you. It’s really not necessary if you have a run of the mill credit repair situation. Hundreds of thousands of people have fixed their credit by themselves with EQUAL aplomb as if they hired a world class firm….the same rules apply for all! (and why the FCRA was written for consumers, and NOT the professional litigators and lobbyists..:-)

By: Ian Hollander

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Parenting Toddlers

A lawyer’s profession is to conduct lawsuits for clients, dispense advice regarding prosecution or defense of lawsuits, legal rights, and obligations in other matters. They are also referred to as comprehending attorneys, counselors, solicitors, barristers, sergeants, and advocates. The rates charged by the lawyers depend on the type of case they take up such as personal injury, accidents, medical malpractices etc.

Since each state determines and establishes laws specific to their jurisdiction, people should look for lawyers belonging to specific jurisdiction. Hiring a legal service or a lawyer to represent you can be an expensive deal, hence it is advisable to ask relevant questions to potential attorneys regarding their fees and billing practices. A lawyer’s willingness to discuss fee structure can establish the grounds for a positive professional association, which can be beneficial in the long term, as some court cases tend to get extended for infinite time period. Standard payment arrangements that an attorney may suggest include hourly rates, flat fees, allowance, and conditional fees. Hourly rates are the most common arrangement and may vary depending on the attorney’s experience and operating expenses. For simple and well-defined legal matters such as wills, uncontested divorces or bankruptcy filings, lawyers typically charge a flat fee.

Reputed lawyers who give a surety of winning the cases charge high rates. Some lawyers like the contingency lawyers fight cases for free but get a percentage of the settlement money. These are common in automobile and accident litigation, medical malpractice, and other personal injury cases.

There are lawyers who do not charge any fees till the consumer recovers the full money. Lawyers, who are talented, dedicated, and resourceful and have a track record of winning every case, are very popular, as they recover the compensation money to be paid by the defendant.

Various online websites offer information about lawyers who specialize in domains such as divorce, criminal law, personal injury etc. These sites provide online directories that give details pertaining to area of specialization, fee structure, office staff, and lawyer-client relationship.

By: Ken Marlborough

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Fetal Development

Divorce is an extremely traumatic process involving a lot of mental strain and extended financial burden. It is a major decision that individuals should take in their life after weighing all the pros and cons. It also involves other critical issues pertaining to the splitting of the marital relationship such as child custody, child visitation rights, child support payments and the distribution of property between the couple.

Law is an academic and theoretical discipline and the success of a lawyer depends on the practical application of legal theory and knowledge to solve real problems. Good lawyers are those who can do this effectively and protect the interests of their client. The best divorce lawyers are invariably those who have earned a reputation by consistently securing their client’s legal rights in various divorce cases.

In the United States, there are many reputed divorce lawyers in various towns and cities who are specialists in handling divorce cases in the jurisdiction of their respective states. The best way to decide which divorce lawyer to use is by finding out from former clients. Some divorce lawyers have more success at satisfying their clients than others. The best lawyers strive to help their clients through difficult emotional and legal challenges that often accompany family law issues.

For best long-term results, the best attorneys advise patience, negotiation, and working within the system. A few well-known law firms that have earned a reputation in handling divorce cases are mentioned below. Rager and Noiroux, LLP, located in Irvine, California, are a firm of lawyers who are known to provide assertive, experienced legal representation to clients throughout Orange County and all of Southern California in a range of practice areas. They have special expertise in family law. The Law Offices of Patricia A. Hendrickson, located in Huntington Beach, California, focuses exclusively on Family Law in Orange County. The law firm of Magnuson Lowell, P.S. has been serving its clients throughout Washington, including Seattle, Puget Sound, Bellevue, and Redmond. The above names are a few, of the many renowned legal practitioners in the United States.

By: Kent Pinkerton

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The DUI Attorney

The world has seen many historical events during the 1980s. Likewise, this decade has seen notable occurrences in line with the cultural, economic and political aspects in the United States.

One of the significant issues to arise during this era, which is still continuously disserted, is the explosion of mass personal injury litigation. The United States in the 1980s has seen people by the thousands suing many companies or corporations for damages and losses that resulted from injuries and diseases they have sustained. Based from their cases, toxic substances, medical devices, pharmaceutical products and catastrophic events were mostly the causes of their injuries.

The indemnification paid by the companies and their respective insurers amounted to billions of dollars. Billions of dollars and more were also spent on defense, insurance and payment to plaintiff’s personal injury litigation lawyers.

During this period, the ghost of mass liability became such a scare for insurers who were from some manufacturer and markets that are researching and developing product lines.

These mass litigations involving personal injuries have two distinguishing features that make it apart from the other cases of product liability.

1. The claims contained in litigation have great level of cohesion of issues and parties.

2. The case standards and principles have remarkable interdependence

Personal injury litigations in massive numbers are usually the result of having many claims arising from several jurisdictions in the space of fairly short intervals. Only a few law firms usually bring up these personal injury claims and only the defendants being sued for it are only one or a few in number.

In terms of judges, one or a few are handling them although the claims may increase in number. A small group of experts and special masters assist the judges throughout the litigation process.

Because there are common features in actors and issues, the collective assessment of all the claims that are involved on same mass personal injuries increases and decreases depending upon significant developments and outcomes of single cases.

Emergence of Mass Personal Injury Litigation during the 1980s

• The interactions of varied societal and legal trends paved the emergence of this litigation phenomenon during such period.

• This was also the period in the nation when products were mass marketed. Thus, the country’s population was increasingly exposed to potentially dangerous or injurious consumer products and substances.

• Several social influencing factors:

o Evolution of law firms dedicated to the issues of the plaintiffs that facilitated the filing of personal injury claims in massive and overwhelming numbers.

o Growing number of information being exposed through mass media that suggested or established the “causal links” binding the injuries sustained to the products and substances used or exposed with.

• Changes made with the legal doctrines and the product liability law, which gave an opportunity for victims of the mass injury occurrences to file charges against defendants as common as the consumer products’ manufacturers.

By: Carla C. Ballatan

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Satellite Pictures

Divorce proceedings are often long drawn out and expensive. To reduce costs, it is beneficial for couples seeking a divorce to know about firms and organizations that offer legal aid for free. People who are not financially sound also look for free legal aid. There are various non-profit organizations in the US that provide free legal advice. They have experienced lawyers and attorneys on their panel who take care of such legal cases for free. Apart from these, some reputed legal firms and attorneys also do some pro bono work as a social service. They take a few legal cases every year without charging the clients anything.

There are plenty of chat shows and live shows on television and radio that focus on legal issues and legal advice. Writing into these with specific problems and queries is a perfect way of obtaining sound and free legal advice. The legal experts called as guests on such shows provide advice and information and help answer the questions posed.

Online divorce is a new concept, yet another innovation to come out of the increasing popularity and use of the Internet. It is a remarkable way that many people utilize to settle their divorce cases in a simple and timely manner.

The pro se waiver divorce is another excellent legal option for couples seeking divorce. It is an almost free legal procedure, wherein for a nominal fee, couples can ensure the services of a legal expert through out the trials. It’s a package deal and clients need not pay for each sitting or consultation. This recourse eliminates heavy expenses and time that would have been wasted on attorney fees and court time. Under pro se waiver divorce, a few simple forms and nominal filing and processing fees are all that it takes to dissolve a marriage and start life anew.

Unfortunately, there is a marked difference in the quality of legal support and advice between the attorneys who offer free services and the ones that offer it on an hourly fees basis. In the unfortunate event of a divorce, if the couple can afford it, it is always advisable to consult divorce attorneys who charge a fee and are thereby, more committed to securing their interests.

By: Kent Pinkerton

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Babies

Getting involved in a lawsuit can be a very stressful situation, regardless of which side you are on. To limit the stress, it often helps to understand the process and stages of litigation.

What is civil litigation? Civil litigation is a lawsuit whereby a party seeks damages against another party. The damages can come in the form of money or the modification of some type of conduct. For instance, one can sue for breach of contract if another party fails to live up to the terms of a written agreement. One can also sue for a restraining order to bar a competitor from using various business property such as intellectual property rights. Importantly, civil litigation is not a criminal matter, to wit, the party that loses the case does not go to jail.

The first stage of civil litigation is the pleading stage. The pleading stage simply refers to the filing of the complaint against the party that is the defendant. The defendant then has the right to contest certain elements of that complaint. The defendant can object on the grounds that the complaint does not state a cause of action against them or frivolous matters are included in the language of the complaint, to name a few arguments. At this point, the court will either find a complaint to be with or without merit. If the Court throws out the plaintiff’s complaint, the plaintiff is usually allowed to amend the language and refile it.

The next stage of civil litigation is discovery. Discovery is simply the process of learning what evidence each side has regarding the dispute. Typically a party can ask to see any supporting documents the other side has and ask them questions. Questions can be asked in written form through a legal document known as interrogatories. Questions can also be asked orally by the party’s legal counsel in a process known as a deposition. Other methods of discovery also include request for admissions, special interrogatories and various other methods specific to your state. Yep, all the rules are set forth by state in most cases.

Once discovery comes to a close, the defendant will often file something known as a motion for summary judgment. A summary judgment motion is simply an argument by the defendant that the evidence provided by the plaintiff in the case does not support a claim against the defendant. In moving for summary judgment, the court considers the law on the books and the evidence provided by the plaintiff. It views the evidence in a light most favorable to the plaintiff before making the decision. If the court finds in favor of the defendant, the lawsuit is over. At this point, the plaintiff can either abandon the lawsuit or file an appeal to have a higher court review the matter.

Assuming the plaintiff survives a motion for summary judgment, the next technical step of a lawsuit is to actually go to trial. Before that happens, however, the parties are usually sent to an arbitration hearing in which a mediator tries to cut a deal between the parties. This process is also known as a settlement conference. If they settlement cannot be reached, the court will then set the matter for trial and off you go.

At the end of the day, the average civil lawsuit will take a while to get from filing of the complaint to trial. The exact time is dependent upon the state you live in and how busy the courts are. Criminal matters tend to take precedent over civil matters, so you can often be waiting awhile. In fact, it can often take a year or more before a civil matter goes to trial.

By: Gerard Simington

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