Why Hire a Tenant Disputes Lawyer Dallas 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 Tenant Disputes Lawyer Dallas 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 Tenant Disputes Lawyer Dallas 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.
Wills and Estate PlanningDefinition of "Contract"A contract is defined as an agreement between two parties that creates a legal obligation for both parties to perform a specified act. In a contract, each party is bound by law to perform the requested duties or to render a monetary payment. Something of value must be exchanged between the two parties in order to make their promises enforceable.A "breach of contract" occurs if either party fails to perform their specified duties. The other non-breaching party may be entitled to legal or equitable relief, especially if they have already performed on their end of the bargain.Written and Oral ContractsCourts almost always prefer that contracts be written down rather than made through an oral (spoken) agreement. Both of oral and written contracts are enforceable and states have specific laws dealing with the situation where both are used for the same contract.Having a written instrument helps to avoid or clarify disputes should a breach of contract occur. Written contracts are also preferred if there is no previous history of dealings between the parties, so they can keep written records as their business relationship builds.Ways in which a Contract may be BreachedAny failure to fulfill the duties according to the terms provided in the contract results in a breach of contract. Sometimes the breach is a result of directly failing to perform a specified duty, while at other times the breach can result from surrounding factors. Some of the different ways in which a breach of contract may occur are: "Non-Performance": This means a general failure to perform a duty. Not all failures to perform result in a breach of contract. In some instances performance is not required until the time specified in the contract. Until the time for performance arrives, performance is not due (for example, payment upon delivery means that you do not have to perform your payment duties until the shipment is delivered) Impossibility: A breach may be found if one of the parties takes an action which makes it impossible for the other party to render their performance. Usually measured by an objective standard (i.e., no one could perform the duty) Breach of an Implied Duty: Here the breach is not linked to a duty that is mentioned specifically in the contract. Sometimes courts will look at a contract and conclude that the performance implied other duties which are not written or stated. Examples of implied duties that may be breached are such a general duty of care or a duty to act in good faith. Anticipatory Breach: A court can conclude a breach of contract if one of the parties expressly states that they will not perform, or if they act in such a way that is inconsistent with forthcoming performance. This entitles the other party to relief even though a breach technically did not yet occur Total vs. Partial Breach: Breaches of a contract may either be total or partial. A total breach means that the breach has been so "material" (substantial) as to allow the other party to receive the entire benefit of the contract. Whether the breach is material is subject to the analysis of the court. A total breach will have different results in recovery options as opposed to a partial breach. Remedies available for Breach of ContractThere are several remedies available in the event that a contract is breached. These may be reduced or subject to modification if the injured party has also committed a breach. Compensatory Damages: These are monetary damages that are intended to compensate the injured party for the amount that they expected to received from the contract Consequential Damages: Intended to reimburse the injured party for damages that are indirectly caused by the breach Liquidation Damages: These are damages for amounts that are specifically agreed to and written into the contract Punitive Damages: Damages that are intended to punish the breaching party and deter them from future breaches. Rarely awarded in contract cases unless they involve a tort situation Nominal Damages: Damages that are awarded when the injured party did not actually incur a loss. Also rare because most breaches of contract typically cause some sort of loss to the other party Specific Performance: Not an award of money damages, but rather is an equitable remedy designed to compel the breaching party to perform their contract duties. Other equitable remedies (i.e., not involving money damages) are: Contract rescission: The old contract is canceled out and a new one may be formed Contract reformation: The court allows the parties to rewrite the contract Finally, please be aware that filing a breach of contract case in court requires that you follow the rules regarding the statute of limitations. The statute of limitations refers to the time period during which a case may be filed, which may be a number of years depending on the state. If the statute of limitations expires, you will no longer be able to file a case.Points to ConsiderIf you are involved in a breach of contract claim, whether you are the breaching or the non-breaching party, you should consider the following points: Written contracts are much more preferred than oral contracts because they provide a point of reference between the parties Each party should fulfill their duty according to the terms of the contract. The court can also imply duties in a contract A contract can be breached in several ways. Sometimes relief can be available even if breach technically did not occur Be familiar with the types of remedies available for breach of contract- some involve monetary payment while others involve equitable relief Be conscious of the statute of limitations and any other deadlines when filing Contact a lawyer who will help you in preparing and analyzing contract terms
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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.
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One of the first things you should think about when you start a business is buying insurance. The costs of comprehensive business insurance are small compared with the risks that you are taking if you don't have insurance.
There are some very easy ways to find the cheapest insurance and the cover that is right for your business. Using the internet is a great way to compare different quotes. If you can see quotes from leading insurance providers side by side it makes it easier to choose the cheapest cover and the one that suits your business the most.
Employers Liability Insurance is a cover that is a legal requirement for companies in the UK. It protects businesses for claims made by employees if they are injured or fall ill whilst at work due to their employers negligence.
Other additional covers included with business insurance could be Tool and Equipment Insurance, Business Buildings Insurance, Commercial Vehicle Insurance, as well as any other cover you think you may need depending on the type of business you run.
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A probate attorney is a qualified individual in the field of law and particularly deals with cases that involve succession. This is mostly a will that has been written by the deceased party. They are either known as transactional lawyers or probate litigators. The lawyer in this case ought to have specialized with cases that deal with inheritance, estate succession, legal rights, and declaration of the will. There are many cases in court that deal with this matter since various parties may not reach an agreement on how to divide the deceased estate. When someone lands in a dispute, they may consult a probate lawyer who may have to resolve the conflict between the two disputing parties. A good lawyer should have been successful in previous court cases.
One of the duties of the probate lawyer is to ensure that the will is produced in court and followed to the later as per the requirements of the deceased. If there is no will, they appear before a court to defend the deceased estate and ensure that the right party settles with the deceased estate. Most of the time, many people die without writing wills and this means that there has to be a lawyer present to assists in the division of the inheritance. Even though most of the cases do end up in court battles, most of the probate lawyers have the ability to settle the matter out of court when both parties reach an agreement.
Another duty of the probate lawyer is assisting their client to write a will. When someone has a huge estate or wants to divide their property, the lawyer assists them to draft it as per their wishes. They only give legal advice and write down what the owner of the will wants. There must be witnesses present to ensure all that is said has been drafted in the will. In case there is a court dispute with the will, the lawyer has the chance to represent the deceased in court.
When someone wants to write a will, it is advised they choose a probate lawyer that they trust and their cases are heard in the local courts. The client is advised to choose a lawyer who knows them well and this makes it easier for them to present the case before the court. The probate lawyer has the full rights to store a copy of the will and that means whenever the owner needs to change it, the lawyer has to be consulted and make the necessary changes. When the owner of the will dies, it is the duty of the probate lawyer to read the will before the family and named individuals. They are entrusted the full responsibility to ensure that all that has been written is fulfilled and if there are disputes regarding the matter, they take the chance to make the proper arrangements before the court of law for the court hearings to commence.
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I've always been a fairly active person, working, taking care of my home and grandsons. Then, in November of 2008, my life was turned upside down when a motorcycling accident landed me in Shock Trauma for 28 days. From there I spent another 2 weeks a rehab hospital.
While in Shock Trauma, my lower left leg was amputated. I was kept in a medically induced coma for the first 3 weeks. When I was finally brought out of the coma, I discovered the amputation. I had suffered a severe injury to my ankle, and infection set in. Amputating my leg was the only way to save my life.
I found out that the stump, even after it was well healed, was a very tender spot. Getting used to the "pins and needles" sensations took a while. That was the EASY part; finding out my leg was gone.
Luckily, my husband was home sick the night of the accident. I say luckily, because he wasn't hurt or injured, and was able to help me when I was released from the hospitals. I had rode with a friend as a passenger. I rode my own bike, but mine wasn't running that night. I didn't think I'd ever ride again. I didn't know IF I even wanted to get back on a motorcycle!
While on crutches, I learned how to watch a 11 month old, who was still crawling, and a 3 yr old. I was the only babysitter my daughter had. Thanks to the very mature 3 yr old, and the baby gates, I was able to keep up with them. Cooking and cleaning were other things I had to learn how to do on crutches. Even with learning all this, I was determined that I would not be "handicapped' by this.
All I can say; is what a difference a year makes! Wow, when I look back to where I was a year ago, to where I'm at now, it's mind boggling. I'm now doing all the things I've done before, except actually working outside of the home, and that's only because I'm taking care of my grandsons while my daughter works. I'm fortunate that I can do this.
Life is NOT over because you lose a part of your body. You just have to persevere and maybe find new ways to do the things you once did, but YOU CAN DO IT. Having and maintaining a positive attitude is just as important as not thinking of yourself as 'handicapped', and Believing in yourself to be able to do most, if not all of what you want to accomplish. Life goes on and so must we.
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In the recent case of Khan v Premier Private Hire Taxi , the applicant worked as a private hire taxi driver for the employer. He issued a claim form to the employment tribunal which stated the following:
"The company was not paying me, I was taking fare from customer and paying commission to the company. Like an agent transacting business for another".
The chairman of the employment tribunal considered the claim form and decided that he had no jurisdiction to hear the case because the relevant employment relationship had not been established. He therefore rejected the claim. Upon this rejection, the applicant appealed.
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© RT COOPERS, 2007. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.
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Occupational noise, which is also known as industrial noise, is more than just a nuisance. It is considered to be a threat to the health and safety of employees and is considered to be so serious that there is legislation in place to protect workers from it.
Occupational noise is normally associated with industries which use heavy machinery such as construction, manufacturing and engineering, although it may also be a threat in the entertainment industry where employees are exposed to loud music as sustained exposure to any loud noise can lead to permanent damage to the hearing.
The consequences of excessive exposure to industrial noise can be both temporary and permanent deafness, tinnitus and acoustic shock syndrome. However, it is understood that both stress and high blood pressure can be caused, or worsened, by exposure to loud noises.
Professional companies loan sound measurement survey equipment and may provide training on the issues associated with occupational noise. Businesses can be forced to pay compensation to employees who suffer harm to their hearing because of their employer's negligence, so it is in everyone's interest to comply with legislation.