Why Hire a Automobile Dealer Fraud Lawyer San Antonio with a similar background to yourself: Asian, Chinese, Philippine, Vietnamese, El Salvador, Guatemalan, Canadian, German, Latino, Mexican, Spanish, Italian, Japanese, Russian, Greek, Romanian, Cuban, Korean, Indian, Hispanic, American, Foreign, Protestant, Catholic, Jewish, Hindu, Muslim, Orthodox, Mormon, or Buddhist?
If you do you will need a lawyer. The trouble is there are several thousand Attorneys out there just on the internet and the choice in finding a Automobile Dealer Fraud Lawyer San Antonio appropriate for your case becomes more difficult. When you are trying to find a representative there are a few guidelines you will want to follow. Below you will find out how to choose the appropriate lawyer for your needs.
When trying to find a lawyer you first must understand the case you have. Some cases are very easy to determine, for instance those who have been in an accident often have personal injury needs. Those with problems at a hospital with a medical condition will have a malpractice suit and on and on. Once you have determined the type of representative you need, finding a lawyer becomes a little easier.
You may have a general practice representative or someone you have dealt with in Automobile Dealer Fraud Lawyer San Antonio law. Most of us know someone who has had a attorney in the past. In this case you can ask the person for a referral. If you have a business lawyer you can ask them to recommend someone in the field of expertise you need. They will often have at least one name for you and a few to keep away from. Those who have worked with lawyers such as family or friends will also be able to give recommendations. They may say you don’t want this person or that their associate can help you. In either case you are better off to ask for a referral in finding a lawyer rather than other options.
The key to finding a representative that will help you out is knowing as much about them professionally as possible. You want to understand how many years they have practiced and what their specialty really is. Other wise you may find someone who is more out for the gain they will get rather than the gain you will get. When you deal with finding a lawyer, ask them their policies. Kind of interview them during the course of the conversation as well. Some will not charge unless the case is won, while others will charge a small fee during the entire process. It will depend on the case and of course your representative.
Revocation of Patent
No criminal justice system is perfect. As hard as the United States legal system strives to prevent innocent men and women from being wrongly convicted of crimes, incorrect verdicts can, do, and will happen. The appeals system is one of the many precautionary measures against such mistaken judgments.
Though appellate courts have impressive judicial powers, they do have one important limitation: they can only step in when someone files an appeal; regardless of how unfair or bungled a trial may have been, if no appeal is filed, the appellate court cannot take action.
Authority of Appellate Courts
In the appeals process, appellate or "higher" courts, have the authority to affirm, reverse, modify, and/or remand the verdicts handed out by trial or "lower" courts.
Eligibility for Appeal
A convicted defendant has an almost unlimited right to appeal in the United States, except when the conviction occurs as the result of a guilty plea, in which case special permission is required for an appeal. The appeals system operates in a hierarchical system; each court has authority over the decisions of the courts below it. The highest court is the US Supreme Court, whose decision is final.
On the other hand, prosecutors are generally unable to appeal a verdict of not guilty. The double jeopardy clause of the US Constitution prohibits prosecutors from trying a person twice for the same offense, thus ruling out the possibility of an appeal.
What Does a Wills & Estate Attorney Do?
Contractors take great care to make certain that their subcontractors have the necessary skills to perform their craft. Unfortunately, many contractors are less informed about best practices for the business relationship with their subcontractors. Without taking as much care to ensure a solid business and legal relationship, contractors put their customers, their business, and themselves at great risk of failure. This article reviews the financial, insurance, entity, and contractual guidelines contractors need to consider.
When margins are tight and the opportunity to raise prices is limited, managing the cost of subcontracted labor is the only way to remain profitable. Managing subcontracted labor cost is handled the same as your other costs - know your ratios.
Begin with your 2010 financial reports, specifically the Profit and Loss Statement. Determine the total amount spent last year on all subcontractors. Divide that number by the total amount that customers were invoiced, last year's total revenue. The result is the subcontracted labor cost ratio. For example, if you spent $500,000 on subcontractors last year and billed customers a total of $1,000,000, then your subcontracted labor cost ratio is 50%.
By comparing the ratios for the past several years, you can determine whether your cost of subcontracted labor has been increasing, decreasing, or staying the same over that period of time. This sort of trend analysis is helpful when negotiating prices with your subs going into the new year and making the sort of decisions that will help improve your 2011 financial performance. If you know what the market will bear for a particular project, such as an insurance-paid roof replacement, you can determine the maximum you can afford to pay for labor.
The subcontractor agreement should also include an indemnification provision, a provision requiring that all safety laws are followed, and a tobacco, drug, and alcohol provision. Because subcontractors are entities, a personal guaranty signed by the owners of the subcontracting company should be a part of the agreement.
The relationship between general and sub is more complicated today than ever. Margins in construction are tight so keeping your subcontracting costs under control is vital. Shifting risk to your subcontractors is key to controlling costs and proper insurance coverage contributes to that goal. Verifying the entity status of subs can ensure that the contractor won't incur unexpected employment costs. And a well drafted subcontractor agreement helps both parties know what 'the rules of the game' are for the relationship.
Use care in managing the business and legal relationships with your subcontractors and make 2011 your best season ever.
* * * * 2011 Alden Pearson. P.A. All rights reserved.
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Whether you are getting a divorce, or were never married, the court has guidelines it must follow in awarding custody of a child. In general, it is the court's duty to place the child where it would be in his/her "best interest" to live. The following are some of the things a judge would normally consider.
The age and sex of the child can be important. If a boy is old enough to decide that he wants to spend more time with his dad, the judge may let him move in. If a girl feels that her step-mother is ... well, not the good witch, a court may listen to what she has to say in favor of her mother's home. The child must be old enough, and sufficiently mature to understand what he/she is requesting. If the judge thinks he/she is, serious attention can be paid to the child's wishes.
Copyright (c) 2009 Lucille Uttermohlen
Defining Negligence: Four Components
Child custody is a very emotional subject and even more so for single parents who are not married. Custody battles can become very nasty when the father does not accept paternity, when unmarried parents do not live together or when a relationship comes to an end.
Child Custody Laws
We will focus on custody laws relating to mothers and fathers who have never been married to each other, with children born out of wedlock. Divorced couples may also be known as single parents, but the same laws do not always apply. As laws differ from country to country we cover general principles only. In the United States each state has its own. If you live elsewhere in the world, do an internet search for child custody laws applying to single parents.
The Rights of the Child
The basic principle remains the same for all child custody laws. The rights of the child come first. The United Nations Convention on the Rights of the Child specifies that in all legal matters, countries should act in the best interests of the child. Children of single parents have the same rights as children born in wedlock.
Evaluation tools for awarding custody
Courts do not use a fixed list of rules when awarding custody to single parents. A judge may consider the following factors or situations:
- age of the child
- best interests of the child
- child's preference
- relationship between child and each parent
- primary caregiver to date and impact on the child of any change
- ability of the parent to provide a comfortable, stable and caring home
- relationship between parents
- parents' preference
- evidence of alcohol or drug abuse by either parent
Find out the custody laws for your state or country. Even if you are in a good relationship with the father or mother of your child, unmarried single parents living together should formalize all child custody issues.
What Is Medical Negligence?
It has to be one of the deadliest substances man has used in building materials and people subjected to asbestos fibers die a horrible, prolonged, and miserable death. Because of a campaign by one who had a terminal disease called Mesothelioma and was dying from it the Australian government banned its use. The company mainly responsible for mining and distributing it were sued and have paid out millions of dollars in compensation.
That company did not shut down, however, but has moved offshore where it continues to produce asbestos products. It appears that not many nations have followed Australia's lead in this matter. Surprisingly Canada and other first world countries mine and sell the mineral although it is now banned in building products in most of them.
The problem is there are millions of shipping containers and not the degree of control to examine them all. It will take legal action against builders and importers to stop the trade and the government has to act to impose heavy fines and a call has gone out for them to serve jail times.
Child Custody: How Do Judges Decide Who Gets Custody of the Kids?
White-collar crimes once referred to illegal acts committed by business people in the course of their employment. However, now any non-violent and sophisticated economic crime would qualify as a white-collar crime. As a rule, white-collar crimes verlap with corporate crime because the opportunity for fraud, bribery, insider trading, embezzlement, computer crime, and forgery is more available to white-collar employees.
Visit New York Attorneys at http://www.nylawprofessionals.com for any law assistance.
How to Win Your Personal Injury Claim
A patent is a territorial right which excludes others from making, using, selling or manufacturing. A patent get published after eighteen months from the filing or priority date.
Any person can file an opposition within six months from the patent publication based on the prescribed grounds which is called pre-grant opposition. After patent is granted, within a year a person interested can file opposition based on prescribed grounds called post grant opposition. If a person has missed these two chances, he has other option to challenge a patent at any time of patent by revocation of patents under section 64 Indian patent Act.
Patent can be revoked anytime during the life of patent by any person interested. Revocation of patents may be brought up in two ways.
1. One is the Intellectual Property Appellate Board where a revocation petition can be filed by any person interested or by the Central government.
2. Another forum is High Court where revocation of patent is argued as a counter-claim in a suit for infringement of a patent.
A notice of any petition for the revocation of a patent under Section 64 must be served to all persons appearing on the register as proprietors of the patent or to have shares or interests therein and it is not necessary to serve notice on any other person.
Revocation of patents can be brought on following grounds:
1. The invention as claimed through the claims in complete specification was claimed earlier through a valid claim contained in complete specification of another patent granted and having earlier priority date.
19. The complete specification does not clearly mention or wrongly mentions the origin or geographical source of biological material.
Other than this patent revocation can be made by Central Government directions if Invention related to Atomic Energy according to Sec 65 of Indian Patent Act and it can be revoke by public Interest according to sec 66 of Indian Patent Act.
Revocation of a Patent or Amendment of a Complete Specification on Direction from the Government in Cases related to Atomic Energy:
Under Section 65, where at any time after the grant of a patent, the Central Government is satisfied that a patent is for an invention relating to atomic energy for which a patent cannot be granted under the Atomic Energy Act, 1962, it may direct the Controller to revoke the patent. The Controller may then give notice to the patentee and all the persons who appear on the register as having an interest in the patent, and after giving them an opportunity to be heard, he may revoke the patent.
Revocation of a Patent in Public Interest:
Under Section 66, where the Central Government is of the opinion that a patent or the mode in which it is exercised is mischievous to the State or generally prejudicial to the public, it may, after giving the patentee an opportunity to be heard, make a declaration to that effect in the Official Gazette and thereupon the patent shall be deemed to be revoked.