Monthly Archives: May 2013

Explaining The Writ Of Habeas Corpus

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Writ of Habeas Corpus definition

Definition of writ of Habeas Corpus

The writ of Habeas Corpus is one of the most powerful forms of law that is applicable in our country. It is an ancient common law prerogative writ, as it is a legal procedure, for which every citizen in the country has a right. A court has the power, or rather it is the duty of the court, to issue the Extraordinary Writ of Habeas Corpus. It is applied in cases where a person has been restraining the liberty of another person.

The person who is restraining the liberty of another person by keeping him in custody will have to answer to the court, the reasons for doing so. If the person is unable to provide sufficient details regarding the custody, then the court is bound by duty to order the release of the person in custody.

The writ of Habeas Corpus definition

The writ of Habeas Corpus is one of the most powerful and fundamental part of the American and all other English common law derivative systems of jurisprudence. It is a peaceful method of negotiating with a person who is in control of the liberty of another. The writ of Habeas Corpus has its roots in the British common law, and to study the history of the Habeas Corpus and to know more about it, it is necessary to understand a little bit of history.

legal right to custody

Habeas Corpus definition

Uses of writ of Habeas Corpus

The writ of Habeas Corpus is usually used when a child is being wrongfully kept in custody by one of the parents. When the other parent decides to change this, he or she can then approach the court with a writ of Habeas Corpus. It needs to be noted that a writ of Habeas Corpus cannot be brought to modify the custody of the person.

Not everyone can bring a writ of Habeas Corpus in a court of law. It should be a person who has legal right to custody of the child or children who are in custody. In certain cases were the legal custodian has been proved to be unfit by clear and satisfactory evidence, the court can grant custody to someone other than the legal custodian.

The writ of Habeas Corpus definition can prove to be a tough nut to crack if you are not aware of certain other legal definitions.

Some Info On Auto Accident Personal Injury Settlements

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San Bernardino personal injury attorney

San Bernardino lawyers

Auto accidents are a common occurrence in today’s world. You cannot open a newspaper without chancing to read a story about a gruesome accident that occurred the day before. With the increase in the number of accidents, the numbers of settlements that are made have also gone up in recent years. It needs to be noted that settlements are financial packages that the victims will receive from the offending driver.

In most cases, the offending driver will not be required to pay this sum of money from his or her pocket, as their insurance company will be liable to pay off in such cases. Also, the settlements are handled outside courts with no legal entanglements to lengthen the process. It does not matter whether you have a foolproof case, but if you lawyer is incompetent, it will result in you getting a lower sum of money. So, it is very important to consult the best attorney to achieve the best results. There is many a San Bernardino personal injury attorney that you can hire, but make sure that you select the right one.

Statute of limitations

You and your lawyer will have sufficient time to decide whether to file a legal action against the offending driver. However, you will have to decide this within a certain time frame, known as the statute of limitations. This statute of limitations is different for different states, and it would be wise to ask your attorney about it beforehand, so that you will be able to take a decision based on that.

amount of settlement

personal injury attorneys

Attorney fees

Attorneys usually extract a percentage of the settlement, if there are settlements involved in the case. This percentage can range anywhere between 30 to 45 percent. If the amount of settlement involved is less, it is better to have your insurance company handle the matter, as you will not be losing any more money by paying the attorney’s fees. For this, you will have to calculate the total losses that you have suffered as a result of the accident.

Find a San Bernardino personal injury attorney who is competitive, and knowledgeable in this area of work, but then you can also consult a lawyer who is experienced in working such personal injury cases. This will enhance the chances of you winning the case, and of course will improve the amount of money that you will receive as settlements.

Sexual Harassment Laws In Los Angeles

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Los Angeles sexual harassment lawyer

Sexual harassment lawyer in Los Angeles

Going for work may seem like a living hell in an office where the employer allows sexual harassment. If you have been victim to such behavior that may include suggestive gestures, off-color jokes or other actions, then you have to report such conduct to either your supervisor or the Human Resources department. No individual has to under any situation endure such behavior. But if reporting does not stop such behavior, then you should avail the services of Los Angeles sexual harassment lawyer. They can help you recover damages for any wages lost as well as any emotional suffering and other benefits.

How is sexual harassment defined?

Even though in majority of the sexual harassment cases, women are the victims, it does not necessarily have to be so; men can also be victim to such behavior. Either sexual harassment can be defined as harassing behavior by supervisors, clients, customers or co-workers and can be quid pro quo offers of employment in exchange for sex or it can be actions intended to humiliate the victim. Sexual harassment in short is a form of sex discrimination and can involve any of the behavior listed below-

  • Unnecessary sexual advances
  • Making sexual gestures
  • Making threats after rejecting sexual advances
  • Employment offers in return for sexual favors
  • Displaying suggestive pictures, posters, cartoons or objects
  • Passing derogatory comments, jokes or slurs including conduct that can be considered as gender discrimination
  • Making sexual propositions or advances verbally
  • Threatening to make verbal abuse that are sexual in nature
  • Unwanted touching, impeding, leering or blocking movements
  • Treating female workers with a hostile attitude because of their gender

The law identifies sexual harassment of two types as given below.

Quid pro quo harassment

This type of harassment is said to occur when a manager or a supervisor demands sexual favors in exchange for employment.

Sexual harassment defined

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Hostile work environment

When an employer deliberately permits an offensive, hostile, intimidating or oppressive work environment based on sexual favors to persist despite knowing that such an environment affects the employee emotionally and affects his/her ability to work and that it affects their quality of work.

If you have been the target to such unfair sexual behavior, then avail the services of an experienced Los Angeles sexual harassment lawyer to help you file a lawsuit against the perpetrator. For more info on the legalities of such conduct, refer online legal resources.

How To Win A Wrongful Termination Case

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Wrongful termination lawyer Los Angeles

Wrongful termination lawyers in Los Angeles

People are fired from their jobs almost every day. It can be due to unprofessional behavior, laziness to complete the jobs given, or among a plethora of other reasons. However, the law in the country states that no one can be terminated from their job without a solid reason. This is to ensure that, no one can have a monopoly in taking such an important decision. If a person feels that he or she has been wrongfully terminated from their job, then the judicial system in the country will come to their help. They can file a wrongful termination lawsuit against the company, and they will then be awarded a suitable compensation if the court is convinced that he or she was wrongfully terminated.

For winning any court case, you would require an excellent attorney by your side. Wrongful termination cases are also no different in this regard; so it is imperative that you find yourselves a good wrongful termination lawyer Los Angeles.

Guidelines to win a wrongful termination case

  • The first step that you should take is to hire a competent lawyer to protect your interests. Ensure that the lawyer you have selected has ample experience in dealing with wrongful termination cases. Also, make sure that he has an excellent track record with respect to the results in his or her cases.
  • Make sure that you have all the documents related to your termination in hand. These documents can include personal notes that you have gathered over a period, documents related to psychological and financial damages that you had to suffer because of the loss of this job.

    suitable compensation

    LA wrongful termination lawyer

  • Arrange all the events in the form of a timeline, so that it will be easy for you to identify all the events that took place, and which eventually, will lead to your termination from the job.
  • You will now have to contact your former employer through your attorney, citing that you have been wrongfully terminated from the job, and that you would like to settle the matter out of court. If there is no reply, then send a second letter, implying your intentions to press a court a charge.

These are some steps that will help you in dealing with a wrongful termination case. Make sure that you select a competent wrongful termination lawyer Los Angeles, for good results.