How Habeus Corpus Can Be Used For Child Custody

Posted on December 31, 2012 by Lisa Cooper

how to obtain Habeus Corpus

The history of the Habeus Corpus writ petition goes all the way back to the English common law system. If the writ is properly applied, it empowers the court to command a person or persons who are holding someone against their will, to produce them before it and to also produce proof of the necessity to restrain the person who is detaining another person. If the accused is unable to give proper cause for what can otherwise be construed as abduction, the person he had formerly detained has his restraints removed and is released. The writ of Habeus Corpus definition is applicable in the case of children as well as adults. In case of children, for the writ to apply, they must be restrained in some way, but not by the police.

how to petition for Habeus Corpus

The Habeus corpus is pronounced in cases where the child is being held by another person other than the parent, or against their will. A good instance of this is when the child pays a visit to his paternal grandparents for a week, after which they decide the child should stay with them and so refuse to return him. The court usually checks all the factors before deciding on what is best for the child. The writ itself cannot be used to change the existing custody order, except if the circumstances are dire.

Who can petition for a Habeus Corpus writ?

To petition the court for a writ of Habeus Corpus, the person doing so must be either a parent, or a person who has custodial claim over the child. In cases where the parent or the custodian is evident to be unfit, a third party can likewise petition the court.

Which courts have jurisdiction

When a petition for Habeus Corpus has been filed in a custodial case, superior courts in the county of residence have jurisdiction, unless there already exists an effective juvenile court order, in which case jurisdiction remains with the juvenile court.

How to remedy the situation

Once the accused fails to comply with the orders in the writ, and shows enough reason for action to be taken, a warrant of attachment can be issued against that person. This warrant directs a county sheriff to make the person detain and produce the missing person before the court.

These are some of the facts regarding the writ of Habeus Corpus definition. Hope you found them helpful.

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On Finding The Right Auto Accident Attorney

Posted on December 28, 2012 by Lisa Cooper

On Finding The Best Auto Accident Attorney Los Angeles

If you are in Los Angeles and you get involved in an accident, then you ought to drive yourself to an auto accident attorney Los Angeles who would represent your case before the court and aid you in recovering suitable compensation for the loss of property and injuries sustained.

What can your Auto Accident Attorney Los Angeles Do

The Attorney should suitably represent you in the court and get the maximum compensation possible from the insurance company for all pecuniary, emotional and physical losses. He should be a person of high competence and repute in the locality. If you still wonder how to go about finding the right one for you, read on!

If you are docile person, ask friends and contacts for good referrals. If you know of a particular case that was hot talk of the town that appeared in columns, do not hesitate to reach out to the lawyer who handled it. With some research however, you can find some of the competent law firms in your area that specialize in motor accident cases.
Once you find the lawyer by way of referral or your own research, study his background for good track records and experience and initiate a negotiation.
Let your lawyer know what exactly you need and listen to what he has to say just to ensure that both of you are on the same page and you both make a perfect team to take the case forward.
Ask your lawyer if he can arrange for a settlement out of court and find out what he feels about same. If he promises to get you a better compensation by way of litigation reducing cost, then pay heed.
Find out if your lawyer can empathize with your losses and injuries and that he does not treat
Auto Accident Attorneys Los Angeles Are The Best

you like a source of income for him. Pay attention to his body language and eye contacts to ascertain if he is genuine to you and sincere to his profession.
Ask him if he would take payment after disposal of the matter and if he agrees, then he is ideal for you.
Before signing any paperwork, read the terms and conditions carefully in order to avoid complications in the end.

If you follow these guidelines, you will end up finding the right auto accident attorney to handle your case. Good Day!

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What Is Contributory Negligence?

Posted on December 28, 2012 by Lisa Cooper

keeping clear of contributory negligence

When an accident occurs, there is an abundance of legal philosophies that can be used to determine the person or persons at fault. Because the blame for the accident can distinguish those eligible to sue for damages from those are not, “negligence” often proves a delicate issue in such cases. Moreover, as contributory negligence is one of the first things to consider while gauging the blame to be attributed to a party, it may be the strictest standard in the country.

how contributory negligence can neutralize your claim

Contributory negligence in common law is the protection against a claim based on negligence, and applies in cases where the plaintiff has through their own action, contributed to the event that has caused them harm. For instance, a pedestrian crossing the road without taking adequate precaution is partly responsible for any accident. His negligence is taken as contributory to the accident, and renders him unable to sue the driver, because without it the accident would not have taken place. Contributory negligence is also exemplified by a plaintiff’s voluntarily disregard of warnings and assumption of a certain level of risk. It is not, however, considered contributory negligence if a person accepts reasonable risk while attempting to rescue another person.

The statute of contributory negligence states that, if a person is at all found negligent in an accident, they cannot file a claim to cover damages or injuries. In other systems like the comparative negligence system, percentages are used to determine who may file for money, and how much. These percentages would be mostly useless as contributory negligence. The law behind contributory negligence states that any responsibility proven for the accident means that the plaintiff’s claim is invalid.

The drawback of this form of negligence handling cuts down the number of claims, that after reaching court, are recognized as valid. The plaintiff’s claim can be dismissed as long as he is unable to prove beyond doubt that he either was blindsided by injury, whether from medical malpractice or on the highway, or acted in only as reasonable a way as was humanly possible at the time.

Though the chances for a claim to be compensated are bleak, it does happen occasionally. Sometimes the situation may have been such that even a mindful human could not have kept himself from injury, and so is spared contributory negligence charges.

This is some information on the system of contributory negligence. Hope it was helpful.

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Steps To Calculate Comparative Negligence In Auto Accidents

Posted on December 27, 2012 by Lisa Cooper

how contributory negligence can affect you

It is possible to recover damages caused to your vehicle in an accident, as a result of your negligence or fault. The old system of pure contributory negligence is no longer followed by any state in which the injured party was not allowed to apply for recovering the damages due to an accident that they were partially responsible for. With comparative negligence, one is armed with quite a few recovering options based upon the intensity of each parties fault in causing the accident. Contributory negligence states that if the applicant was even in part guilty of negligence that contributed to the accident, then the liability of the delinquent is accordingly reduced.

Instructions to Determine Comparative Negligence in Auto Accidents

Prepare the details of the accident. The negligence factor can be determined by knowing the cause and parties involved in the accident. You can get all the details from the report made by the local police department.
Contributory Negligence in a car accident
Consult your insurance provider so that they may start investigating the matter as soon as possible. The process includes recording statements from the accused as well as eye witnesses and of course the official police report.
Perform your own investigation. Draw a diagram of the incident by showing the roads, traffic signals devices and the location of vehicles before and after the accident.
Now you need to compare the facts of the accident to the regulations that’s been implemented by the statutory traffic regulations in your state. These regulations can slightly vary depending upon your location.
Now determine the degree of fault of each party in causing the accident using the comparison that you have made from the facts and regulations mentioned in the above steps. For example, your degree of fault is high if you took a left hand turn and ran over another person or crashed into another vehicle.
Armed with all these facts, you should now contact your insurance company’s claim adjuster. He will set an amount that the company agrees to pay along with the method of coming at the quoted value. You can contact the lawyer of your insurance company if you do not support the determination.

The rule of contributory negligence states that the claiming party cannot apply for damage recovery even if he has a slight participation in causing the accident. We hope you liked this information on contributory negligence. Thank you for visiting and have a good day!

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More On Different Aspects Of Habeas Corpus

Posted on December 22, 2012 by Lisa Cooper

More On Motor Cycle Accident Injuries

Posted on December 21, 2012 by Lisa Cooper

Injuries caused due to bike accidents

The majority of the motorcycle accidents is caused due to rash or negligent driving. According to the reports from the latest survey conducted in the United States, around 75% of the accidents are caused due to unhealthy riding habits. The injuries caused due to a bike accident can even lead to the death of the rider. This article will let you know more about the injuries caused due to rash driving.

Head injuries

Head injuries are the most dangerous of all the bodily injuries. Most of the deaths related to rash driving are closed due to head injuries. The head is very sensitive to impacts and shocks resulting from a fall from a bike.

Injuries to the head can occur when you neglect the use of helmets. Helmets must be worn by all riders in order to protect the head from accidents. Most of the head injuries are associated with internal bleeding whichcan occur due to rupture of the blood vessels. Head injuries are to be treated with utmost care because it can lead to further complications like brain damage, frequent head aches etc. A detailed scan of the head can help you to figure out the internal damage

Contributory Negligence During Car Accidents

Posted on December 19, 2012 by Lisa Cooper

how contributory negligence can affect you

Contributory negligence in a car accident can be sued for in court, but the concept of such contributory negligence states that if the plaintiff was even in part guilty of negligence that contributed to his injuries, then the liability of the offender is accordingly reduced. The offender may have primarily caused the car accident through recklessness or negligence, but if partial negligence on the part of the defendant is proven, then the offender is not held wholly liable. It is best to consult a car accident lawyer for guidance on these details.

Contributory Negligence in a car accident

Discussing these points with a lawyer who specializes in car accident claims will reveal, among other things, that in such situations, contributory negligence may come down to things like non-functional tail lights, tail-gating, carelessness or recklessness on the victim’s part. Even neglecting to wear seatbelts or crash helmets, which would have reduced the chances or the severity of the injury if worn, can be considered contributory negligence on the part of the victim.

How the courts see it

When the courts find that contributory negligence has been established beyond doubt, an evaluation is done of its impact on the injuries incurred by the victim. The focus shifts then to the degree of contributory negligence. This is contemplated as the percentage by which it affects the injuries sustained. If the defendant is seen to have neglected wearing a seat belt at the time of the accident, they will look at the percentage by which this fact affected his or her injuries from that accident. Sometimes the evaluated percentage can be as low as 5%, though it is known to have reached even a 100%.

Liability of the main party

If it is decided by the court that there is contributory negligence involved and they define a percentage, then the compensation you would have otherwise received is reduced by this percentage. The other party is therefore liable to pay the remaining amount.

Though such cases are common, you can’t be certain of the degree of contributory negligence the court may find you guilty of. So speak to your lawyer before you place your car accident claim, if you think the issue to be relevant.

The rule of pure contributory negligence states that the claiming party cannot recover any damages if he is even one (1) percent at fault. This rule is followed by only 5 states in USA.

These are the basic bits of information on contributory negligence. Hope this article was an interesting read.

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