Why Hire a Landlord Disputes Lawyer Austin 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 Landlord Disputes Lawyer Austin 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 Landlord Disputes Lawyer Austin 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.
Defining Negligence: Four Components
Potential clients seeking relief in the Texas appeal process must act quickly to preserve as many of their rights as possible. The appeal timetable is unforgiving. It must be complied with strictly to preserve a person's right to review in Texas appellate courts. Texas criminal defense lawyers, and prospective appeal clients alike, must be familiar with the applicable time limits regarding criminal appeals.
The day of sentencing is the critical date in the Texas appeal process. Most time limits imposed in a criminal appeal begin to run on the day a defendant is sentenced. Generally, the defendant has 30 calendar days within which to file a motion for new trial. Perfecting appeal also requires the defendant to file a notice of appeal, which vests jurisdiction in the appellate court, within this same 30 day period.
In a plea bargain situation, where the trial judge accepts, or does not exceed, the punishment recommendation by the prosecutor, a defendant typically waives his right to appeal except for matters raised by written motion and ruled upon prior to the plea. For example, motions to suppress evidence, ruled upon prior to the plea, are types of such appealable matters. Most appeals, however, result when a person's guilt or innocence is contested and fought-out before the trial judge or jury. A convicted defendant then appeals the finding of guilt. Also, errors committed during the punishment phase of the trial can be raised during such an appeal.
After notice of appeal is filed the defendant may request an appeal bond, provided the sentence did not exceed ten (10) years confinement. Granting an appeal bond is within the trial judge's discretion. The judge may also order the defendant comply with bond conditions. Such conditions include regular reporting, a curfew, or other reasonable conditions while on release pending appeal.
If you have any questions about the appeal of a criminal case in Brazos County, or other jurisdictions in Texas, please contact a Texas appeal attorney immediately to discuss your case.
Injuries To Ankle and Recurrent Prevention
One of the common injuries that can be acquired in sports or strenuous exercise is the high ankle sprain or syndesmotic ankle sprain. This oftentimes occurs if the ligaments that connect the fibula and the tibia are stretched to the extent that they are torn. Compared to normal sprain, where the tendons and ligaments were simply stretched, in high ankle sprain, these tendons and ligaments are torn, causing severe ankle pain. The main reason for high ankle sprain is the outward twisting of the ankle and foot.
Syndesmotic ligaments are in charge of the proper position of the ankle joint. These ligaments are important to keep the proper position of ankle joints. High ankle joints accidents, however, occur less than ankle sprains. But their symptoms are almost the same.
High ankle sprain recovery varies from one person to another depending on the severity of the sprain and the reaction of the patient to the treatment. To avoid sprain or any ankle injury, do not over stress your feet and do not over exert on exercise and tasks.
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Coal Workers Pneumoconioses (CWP) - Anthracosis, Silicosis and Byssinosis
If you have been convicted of any misdemeanor or felony crime in South Carolina you have a right to appeal your conviction. In an appeal the Defendant is asking a higher level of Court to review their case for errors of law. If the Appellate Court finds legal errors it can send the case back with instructions to apply a certain law or ruling, or to grant a new trial.
Convictions from Magistrate or Municipal Court are appealed to the Court of Common Pleas. A hearing will be held in typically 2-3 months depending on the county of the conviction. The hearing will be held at the county courthouse and presided over by a Circuit Court Judge. Appeals from the Court of Common Pleas are taken directly to the South Carolina Court of Appeals. Examples of Magistrate of Municipal Court cases would be 1st Offense CDV or DUI, Simple Possession of Marijuana, traffic offenses or disorderly conduct.
If a defendant's conviction is upheld after the appeal they defendant has a right to file a Petition for Post Conviction Relief (PCR) where they will allege that their sentence is unconstitutional. Defendant's have one year at the conclusion of their case to file for PCR. PCR cases are heard in a civil term of Court. PCR cases can then be appealed to the Court of Appeals and then the Supreme Court.
Child Custody - Things the Judge Will Consider
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.
The Power of Incorporation
If you have suffered an injury due to someone else's negligence you can bring a claim against them. But before you embark on this potential course of action you should consider the likelihood of your claim being successful.
It is not enough that you have suffered an injury; there are 3 components that need to be proven in order for your claim to be successful.
You will have to prove:-
1. There was a duty of care owed to you by the person who caused your injury.
2. That the person who caused your injury breached that duty of care.
3. That the breach of duty has caused your injury and/or loss.
Establishing a Duty of Care
A duty of care is the care one person should take towards another. However, this goes beyond common courtesy, as it only applies to specific circumstances or relationships under the law, examples include:-
1. A driver has a duty of care to other road users, such as other drivers, cyclists or pedestrians.
2. Business owners have a duty of care to their staff and customers, to give a safe environment.
Lastly, you must prove that the injury you have suffered was caused by the breach of duty owed to you. That the negligent actions or inaction caused you to suffer harm, injury or loss, examples can include:-
1. The driver failing to keep a proper look out on the road caused a car accident that injured you.
2. A business owner not having appropriate health and safety policies in place caused you to suffer an injury.
3. The local Council failing to regularly inspect the path and roadways caused you to trip and suffer an injury.
4. Manufacturers not having adequate testing in place to make sure their products are fit for purpose caused the product to malfunction and caused you an injury.
In conclusion, you should now have an understanding of the three elements that make up a personal injury claim. In a nutshell, the person who has caused you injury must have a legal duty to take care for your safety, that duty must have been breached and you must have been hurt because of this breach.
What Will I Be Able to Keep If I File For Bankruptcy?QUICK LESSON IN BREACH OF CONTRACTThis quick summary is being sent as a memorandum to help other attorneys in understanding what a breach of contract is. Please continue to contact us with your questions or issues. This analysis is what we use in our offices when we approach any breach of contract case. The elements for breach of contract are strictly construed. It is imperative that you do not skirt around the elements when analyzing your client's case.ELEMENTS OF A BREACH OF CONTRACT1) INITIAL INFORMATIONIn a breach of contract action, the plaintiff must plead the existence of a contract and its terms that establish the obligation at issue. The complaint must indicate on its face whether the contract is written, oral, or implied by conduct. If the action is based on an alleged breach of a written contract, the terms must be set out verbatim in the body of the complaint, or a copy of the written contract must be attached to the complaint and incorporated by reference. 2) PLAINTIFF'S PERFORMANCE OR EXCUSE FOR NON-PERFORMANCEThe plaintiff must prove that he has fulfilled his obligations and complied with any and all conditions and agreements of the contract that he is required to perform. If plaintiff was unable to perform because defendant prevented him from doing so, plaintiff must allege such excuse for non-performance in the complaint.3) DEFENDANT'S BREACHA breach is defined as defendant's unjustified or unexcused failure to perform. BAJI 10.85(3). The plaintiff must plead the facts constituting the breach in unequivocal language.4) RESULTING DAMAGEAny breach, total or partial, which causes a measurable injury, gives the injured party a right to compensatory damages.SO WHAT HAPPENS WHEN YOU CAN PROVE THE ABOVE ELEMENT AND IT CAN BE CONCLUDED THAT THERE IS A BREACH OF CONTRACT?Answer:Generally, Compensatory Damages - the measure of damages for breach of contract is the amount which will compensate plaintiff for all detriment proximately caused by the breach or which, in the ordinary course of things, would be likely to result from the breach.Other factors that need to be considered are:o Certainty - damages must be clearly ascertainable in both nature and origin; but the fact that amount of damage is not susceptible of exact proof or is uncertain, contingent, or difficult to ascertain does not in and of itself bar recovery.o Restoration - damages for breach of contract ordinarily include all amounts necessary to place plaintiff in same position as if breach had not occurred.o Lost Profits - Note future profits can be recovered to extent they can be estimated with reasonable certainty; lost profits are recoverable to extent they are natural and the direct consequence of the breach. o Rescission and Restitution - rescission and restitution are alternative remedies in action for damages where there has been repudiation or material breach of a contract, transfer of unique goods is involved, other remedies are inadequate, subject of contract still exists and interests of innocent purchasers for value and defendant's creditors will not be unjustly affected.o Specific Performance - Note: specific performance is granted only when money damages are inadequate.o Real Property - specific performance is given in land sale contracts on the assumption that every piece of property is unique and money damages are therefore inadequate.o Injunction (Very Limited Availability) - injunctive relief is largely within discretion of the trial court, considering inadequacy of damages to plaintiff, as well as harm to defendant.**************************Paul P. Cheng, Esq.
White Collar Crimes - Fraud
The bronchi make the connections between the lungs and the windpipe. They are lining of your bronchial tubes and allow air to flow into your body. These bronchi can get infected, or inflamed making it harder fro air to travel to the lungs. This condition is called bronchitis.
Apart form making it very difficult to breath, the inflammation of the bronchi can also cause mucus in the airways, or phlegm. There are two types of bronchitis: acute and chronic bronchitis. There can also be another type of bronchitis, but only in people who suffer from asthma.
The first type of bronchitis, the acute one, can develop from a cold that you might suffer and usually lasts a week at the most. It can also be caused by viral infections. It is accompanied by cough, pain in the middle of the chest and sometimes even fever. When suffering from acute bronchitis, one might experience some shortness of breath, but very little and fro short periods of time.
As bad as it all sound, things are not that bad. A case of acute bronchitis usually lasts only a few days. The cases that are more severe can also produce chest pain. Chronic bronchitis has very minor symptoms and it can be easily treated. There are cause when the symptoms may get worse over the years and even start to threaten once' s life at some point, but these are rare cases.