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Interesting Legal Information

We're here to provide interesting legal information about new laws in all 50 states and other relevant legal stories in the news. Join us, feel free to comment and participate.

Many states are actively creating new laws covering everything from cell phones to red light cameras. Learn what your legislators are busy doing and protect your rights as a citizen.

Home Insurance For Your New House

home insuranceChoosing home insurance can be a daunting and intimidating task for many new homeowners that have no idea where to start or how to tell what exactly it is that the require for coverage. Within the United States alone, there are a wide variety of insurance carriers with an even wider variety of insurance packages to cover every type of residence imaginable. And therein lies the dilemma: How do you wade through all of the quotes to find the package that is right for you and your family?

The first thing to do is find an internet website that will allow you to compare several types of insurance from several different companies at once. This will help you get a feel for what packages are available and which one may fit your budget and your needs. Doing a little research before contacting an insurance broker will save you a great deal of headache in the long run. It may also be a good idea to poll your friends and family to find out which insurance company they like and why.

You will also want to check your local state and federal laws to find out what type of insurance you are required to have and comply with local regulations. For example, your geographic location may determine what type of dangerous weather your home may be subject to and may change the quote coverage or rate. You will want to seek out at least a couple of different companies for quotes before coming to a final decision.

Know When to Declare Bankruptcy

11/10/11

Though bankruptcy ruins your credit for years, avoiding paying bills can do the same. In some cases, filing for bankruptcy may be the best move for you.

Bankruptcy should always be thought of as a last resort, but there are times when it is the best option for you. It may not always be clear when it is necessary, but there are some signs to indicate that you would benefit from this legal move. One of the first signs is that you are facing foreclosure or car repossession, as your credit will be damaged from these issues anyway. You might as well get these and other debts discharged so you no longer owe. If, on the other hand, you wish to try to keep your home or car, filing for bankruptcy may still be a good move since it initiates an automatic stay, which means creditors cannot contact you or repossess items. This may provide you with enough time to collect or borrow the right amount of money to bring your mortgage or car payment current, allowing you to save them.

If a creditor has started garnishing your wages or levying your bank account, declaring bankruptcy might be a good move. The automatic stay will stop these actions, and most of your debts will then be discharged. Even if you do not face garnishment, levies, or foreclosure, you may still want to declare bankruptcy. If your inability to pay debts has been plaguing you for years, and you do not see an end to it, it may be best to cut your losses, file for bankruptcy, and move on. This will allow you to get a fresh start and to stop screening your calls for fear that your creditors are on the other end of the line.

A Fresno attorney can help with bankruptcy or any other legal issue you may facing. To learn more about any Fresno attorney visit http://www.myyp.com/Fresno,CA/Attorneys/Content

A DUI Attorney Can Help if You've Been Arrested for Drunk Driving!

09/28/11

Have you been arrested for drunk driving? If so, you need the help of an expert DUI attorney. A DUI attorney can help you resolve your legal issues.

Are you facing a DUI charge? DUI means that you are intoxicated while driving a vehicle and that your BAC is .08 percent or higher. Every year, the number of DUI cases escalates. A significant number of drunk driving related auto accidents happen every hour. Many people are arrested for DUI because they think they can get away with it. If you are facing such a charge, it's a smart idea to consult with a DUI attorney who knows the laws, your rights, and the courts. Consult with a trustworthy attorney before you admit to anything or sign any papers.

DUI arrests can be very painful. Being arrested for DUI can have serious consequences such as jail time, community service, losing your driver's license, points on your license, exorbitant fines, and more. However, in many states, a first time offender isn't allowed to receive the maximum penalty on a DUI charge. By hiring a DUI attorney, your chances of avoiding serious consequences and penalties will be greatly improved. An experienced and aggressive DUI attorney may be able to help you get the charges lowered or dismissed.

DUI cases can be a nuisance. DUI laws are very complicated and confusing. DUI attorneys have expert knowledge in the area of DUI infractions and they are experts at the craft. Trying to overcome a drunk driving case without the expertise and legal counsel of a skilled DUI attorney is nothing short of impossible. A talented DUI attorney will guide you through the process, answer any questions that you may have, and fight for your rights.

Law School Goes Digital

09/13/11

Students interested in legal education can now enjoy their lessons from the comfort of their couch.

The recent recession and financial crisis of the past few years left no industry in the global economy untouched. This includes the legal field, which in total, saw U.S. firm revenue drops of 10% since 2008. However, it would appear as though no industry has been quite as slow to adapt to the technological and internation challenges of the new era. The lack of adaptation is most noticeably apparent at law schools who have not changed their game in the past 30 or 40 years.

With new ideas and industries abound, educational institutions within the legal field are finally getting the picture. Using state-of-the-art technology as a way to share various legal tools and concepts, programs across the country are now offering students the ability to gain real classroom experience online.

Within these programs, lecture halls are transformed into chat rooms and video conferences, affording students located in areas far removed from the physical classroom the opportunity to learn the ins and outs of the legal profession.

Alongside the convenience of home schooling comes an added emphasis on building an online presence. Students are now learning how to market themselves online in ways not taught prior, thus setting individuals up for future success once a degree is obtained. And though traditional legal education will never cease to be a relevant learning tool, as time moves forward, it will no longer appear essential to an increasing number of law students.

Do You Need a Divorce Lawyer?

08/30/11

Hiring a divorce lawyer can be a smart move. There are times, however, when you can get by without one.

When a marriage ends in divorce, sometimes it's crucial to have legal representation by a seasoned pro. This is an emotional time and neither spouse may be thinking in a balanced way. But it is wise to take a step back and make some rational choices. There are times when an attorney is definitely needed, a time when the dissolution could be done by the couple alone and a time for a mediator.

A couple definitely needs a lawyer if there are lots of assets, debts and custody issues at stake. If each spouse is battling the other to get their way, a third party legal expert probably needs to help them divvy everything up. A partner that just wants out and doesn't want to think about the financial repercussions of the split may be making a huge mistake that will cost him or her over the years. This is an important and difficult process. Getting a lawyer behind you can settle the division more fairly.

If the husband and wife don't have property, debts or children, they may be able to do this deed themselves. Do-it-yourself kits are available and if they can type up the paperwork and file everything with the courts, that'll be the end of that.

A mediator is always helpful in any case. This is an impartial third party that can help the two spouses come up with a fair plan based on facts. With a divorce lawyer or without one, the process of mediation can save time and money.

Juror Could Get Jail Time For Facebook Post

08/24/11

A juror in a Florida case could be sentenced to jail time for a series of Facebook posts that threw the trial off the rails and eventually led to the declaration of a mistrial. The trial, which was a civil case involving medical malpractice, now serves as one of the most high profile examples of how social media is affecting the way law is practiced in the 21st century.

A juror in a Florida case could be sentenced to jail time for a series of Facebook posts that threw the trial off the rails and eventually led to the declaration of a mistrial. The trial, which was a civil case involving medical malpractice, now serves as one of the most high profile examples of how social media is affecting the way law is practiced in the 21st century.

The juror, Alexander Duff, made posts to his Facebook page that indicated he had come to a decision about the verdict. This post was made while deliberations were still supposedly underway, in strict violation of legal rules which prohibit jurors from discussing the case with outside parties. The post indicated that Duff would soon be released from duty. He also used the platform to describe his time in the jury box as "unbearably boring."

When defense attorneys became aware of the posts, they filed for a mistrial, which presiding judge Lisa Munyon granted. This additionally led to Munyon setting a late August date for Duff to be criminally arraigned to face charges of contempt. The contempt of court charge can be levied by a judge when a participant in the trial does something to disrupt the proceedings or otherwise show disrespect for the process. There remain some doubts as to the punishment and penalties Duff will face, and whether his defense of not knowing that his posts were in violation of the rules will stand.

Discussion on Sexting

7/21/2011

There is a new bill that might be able to manage and control sexting for minors. This is yet to be passed and may be advantageous for minors.

Texas legislature is currently discussing ways and means of managing and controlling sexting in minor individuals. Sexting is the act of sending, receiving, spreading and reading text messages that contain explicit messages or those that contain sexual innuendoes.

The practice of texting is now made more complicated by minors who send and receive sexually inclined messages to each other or to hapless friends and classmates. The bill is supposed to help teens avoid pornographic charges if caught sexting. The suggestion is to; instead, send them along with a parent or both parents to complete an educational program which will educate them. If the bill passes in to a law, individual below the age of eighteen will not be charged with a misdemeanor when caught sexting, if he or she is a first time offender.

Repeat offenders may be charged accordingly. The current law against this offense in Texas indicates that the teen found guilty of sexting may be registered as a sex offender as well as someone who is in possession of materials which may be considered as child porn.

The point of the legislators is that not all minors are aware that what they are doing is a criminal offense and that they should be initially educated about responsible use of media instead of charging them for criminal behavior and sending them to juvenile. There are now websites that are dedicated to the education of both the parents and teens in order to show them the right and responsible way to use media.

Hip Replacement Recall Continues

06/23/11

Back in 2003 Johnson & Johnson issued a recall on the DePuy ASR Hip Replacement System. Earlier this month over 80 lawsuits were filed in Wisconsin citing continuing product problems. Many patients continue to be unaware of the recall or the continuing problem with the appliance. Dissatisfied patients are reporting increased pain, infections that can spread, fractures of bones, dislocation of the hip, sensitivity to the metal and general loosening of parts.

Unfortunately most of the patients affected by this recall are elderly and the recall has had significant impact on their lives. Undergoing hip replacement surgery is agonizing and to have to endure that pain again because of a manufacturing defect is cruel. The manufacturer should be held accountable for the additional surgery, painkillers, anesthetic and accompanying pain and suffering. Many of these patients will see their health further erode.

According to Lawrence Hornsby, Orlando Personal Injury attorney, "The recall on hip replacements will have national repercussions and help the industry improve the materials and products they use for hip replacements.

Even if you're not having any difficulty with your recalled hip replacement system, you need to speak with your surgeon, because difficulties could be looming just down the road. You should also contact a personal injury attorney to learn what your rights are and see if you are entitled to compensation. Hip replacement systems dating back to as late as July 2003 may affect you or a loved one. There's still time to file a claim if you've just become aware of the recall.

To discuss the details of your hip replacement recall with a personal injury attorney, Orlando lawyer, Lawrence Hornsby will take the time to explain the legal process. Hornsby Law Group has over 30 years' experience in personal injury and workmen's compensation law. Call us at 407-599-3800 or visit our website at http://www.hornsbylawgroup.com to ensure that you receive fair compensation for your pain and suffering.

Probate Attorneys Can Execute a Will

05/25/11

Many people are under the asumption that good estate planning is as simple as drafting a will and assigning an executor in the event of their demise. However, there are a few key aspects of estate planning that are necessary in order to avoid any confusion, and an estate attorney can help you be better prepared when the time comes. While writing a will is the first kep to estate planning, having an estate attorney can help settle disputes with tax laws, trusts, and appointing an executor of the will. Many times, there can be disputes among family members even if there is a written will, and an estate or probate attorney can help sort out some of this confusion.

There are many complex laws governing estates and trusts that can be difficult to navigate without legal expertise. Probate awyers specialize in managing estates. Most people who choose to employ this type of legal counsel have a lot of assests that must be divided after their death. Addtionally, the deceased can name their attorney the executor of the will, which simply means they have the legal power to divide theses assets based on what is written in the will. They can be helpful when the heirs of the will contest its contents.

If the heirs contest their relative's will, they are responsible for legal costs. If the judge rules in favor of the heirs, the estate must reimburse their legal counsel. As a result, contesting the will can tie up the estate's assests until the case is settled, even if the judge rules to honor the descendent's wishes as written in the will. Therefore, it is important to understand the attorney's legal fees prior to hiring legal counsel.

Getting Law Advice Online

05/18/11

More and more websites are offering free legal advice. Internet users are encouraged to try in questions about their legal concerns and then wait to see the response from someone claiming to have a background in the law. While some of these sites are legitimate, it is important to exercise caution when providing any type of personal information.

Try to stick to generalities. It is not a good idea to provide names of individuals, companies or anyone else involved. Also, if anyone asks for specific numbers like a home/cell phone, social security number or anything else like that, don't give it out. This is something that should only be given if absolutely necessary to a lawyer once representation is retained. Unfortunately, the Internet, while useful in so many different ways, has also become a place that isn't always secure or safe when it comes to giving out information to an unknown source.

When checking to see whether or not a person has a case, it is okay to give a general description of the incident or scenario that happened. However, the best way to find out the answers to specific legal questions is to set up a consultation with a local attorney to find out what, if any, options are available. Many times the first consultation is free so that potential clients can get an idea of what an attorney can do to help them and whether or not they have a case to pursue. Nothing can substitute for a face to face meeting when it comes to legal advice and guidance.

Louisiana Eradicates Women%u2019s Rights

05/18/11

Note: this law has been challenged in Federal Court and overturned, an appeal is under consideration

With the passing of Bill 528, Louisiana is forcing women who seek abortions to have an ultrasound with the intent to force a government sanctioned change of mind to not abort the fetus.

In May of 2010 the Louisiana State Senate passed Bill 528 which forces women who are seeking abortions to have an ultrasound done before they can proceed with an abortion. And although women are not forced to look at or even take the sonogram photo, the bill has had the results it sought. Bill 528 has caused an estimated turn around at the abortion clinic door for 80% of the pregnant women who were seeking abortions to opt to parent or place their baby up for adoption instead of having an abortion. The bill is currently being blocked by the courts and abortion advocate groups are gearing up to blow the new law apart in court. This is exactly the type of law is intended to degrade the rights of women and bully women into making a decision that is government sanctioned. Women who elect to have an abortion do not need to be bullied into changing their minds because of a government agenda. Women who elect to have an abortion are making a deeply personal and hard choice.

The government should not be injecting their own moral clauses into the personal and private lives of women. It will be interesting to look at Louisiana in five years or so after this Bill passes all the court hurdles and see if the rate of child abuse also rises as more women are forced to be single parents before they are ready or able to do so.

Over 700 New Laws in California for 2011

2/9/11

Californians have over 700 new laws to follow in 2011.

On January 1, 2011, Californians woke with over 700 new laws on the books. Some may seem trivial, while others make far-reaching changes.

In the trivial category, the possession of up to an ounce of marijuana is now considered an infraction with a small $100 penalty. Similarly, another new law will allow vehicle owners to lease their cars when they are not using them, without the need to buy another insurance policy. It is also now a misdemeanor to impersonate someone via a social media outlet, like facebook, or through email in a malicious manner.

Some of the laws focused on insurance problems in the state. For instance, under AB 119, insurance companies are prevented from charging a different rate for men and women who seek the same coverage.

Other laws focused on the needy in the state. Now those who receive food stamps can use them as payment at farmer's markets through a new EBT process. Those in youth foster services are going to be receiving state benefits until age 21, allowing them some time to adjust to adult life before being sent out on their own.

The state also wants to protect its youngest residents. Now, parents who allow their children to miss more than 10 percent of the school year baring a valid excuse will be punished with a $2,000 fine and up to a year in prison. This is considered a misdemeanor.

The environment was not ignored in the new laws either. Now the California Green Building Standards code requires all new California buildings to be built with energy efficient standards in mind.

Most of the changes are deemed positive, but some are balking at increased government control. Only time will tell whether or not the laws help the people of California.

Jerod Gunsberg. Los Angeles Criminal Defense Lawyer, can answer all your questions regarding the new California laws. For more information visit www.gunsberglaw.com

Greater Protection From Graffiti

1/19/11

Louisiana House Bill 1264 is now a law working to protect historic buildings and landmarks. It makes the act of damaging a historic building with graffiti a criminal act and brings a greater charge than the already existing misdemeanor.

House Bill 1264 as proposed by Rep. Juan LaFonta, Democrat for New Orleans, is now a law that will enact criminal fines and up to two years of jail time on perpetrators of graffiti. It is possible for the perpetrator to receive both the fine and jail time as a punishment.

However, there is something of interest in this new law. There is a clause contained in the law that although the fine cannot be changed at all, the jail time can be waived. The jail time can be transferred into community service hours. Anywhere from 32-64 hours can be maintained in replacement of the jail time. This is important waiver in the law and is bound to create a positive buzz in the community. Strict community service hours may discourage those taggers from perpetrating the crime a second time.

Since Hurricane Katrina, the historic buildings along Bourbon Street have been under constant scrutiny of graffiti artists. The law is targeting those people who are caught defacing both public and private property. Defacement by graffiti is already considered a misdemeanor through state law. This new bill makes it possible to protect the historic buildings with a little stronger charge.

Controversial State Laws In Effect In Louisiana

1/6/10

A brief description of the roughly 660 Louisiana state laws brought into effect in August of 2010

There are countless reasons why people dread the holidays. From the excessive mall traffic to credit card bills and extended work hours, many individuals find the holiday season a bit much to handle. But with so much negativity to focus on, it's good to know that there is a bit of hope worth latching onto%u2026. and for Louisiana's NRI enthusiasts that hope comes in the form of a firearm.

That's right; this Christmas, gun-toting residents of Louisiana have been afforded the right to bare arms at their local church, provided they have their pastor's approval. This law, along with a few of the roughly 660 others adopted by state legislature this past August are providing Louisiana with some much needed dinner table discussion.

Among the other laws in effect are tickets for drivers engaged in texting while operating their vehicle, and fines for attending a cockfight.

Pro-choice supporters have taken a blow from two laws, the first of which requires women seeking abortions to undergo an ultrasound and be provided a copy of the image. The second supports the exclusion of physicians who perform elective abortions from participation in Louisiana state medical malpractice coverage.

With the economy in a rut, the gulf crisis abound, and the holidays in full force, it's no surprise that some Louisiana residents have placed their attention towards issues outside of the political spectrum. However, regardless of your political affiliation, now is the time to take aim, take action and allow your voice to be heard.

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  • tojarriah Nov 21, 2011 @ 2:00 am | delete
    Nice lens covering maximum topics nicely, Thanks for sharing.
  • tojarriah Nov 21, 2011 @ 2:00 am | delete
    Nice lens covering maximum topics nicely, Thanks for sharing.

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