Author Archives: Lisa Cooper

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

Hire a Sexual harassment lawyer

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.

Tips To Help You Choose A Personal Injury Lawyer

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Personal injury lawyer

Hiring a personal injury lawyer

If you have been injured physically or emotionally due to the negligence on the part of another, then a personal injury lawyer is the one person you should go to. A personal injury attorney can help you recover compensation for all the damages that you had to suffer by guiding you through the procedures necessary for filing a personal injury lawsuit. While personal injury lawyers are trained to handle all kinds of injury, very often they specialize in particular fields such as automobile accidents, medical malpractice, defective products and the like.

How to choose a Personal Injury Lawyer?

  • Consult the American Bar Association for a list of lawyers within your area.
  • Ask your friends and relatives to see if they can recommend a good lawyer to you.
  • Ask your lawyer for references. They may be able to suggest colleagues who have specialized in handling personal injury cases. You can ask the attorney who prepared your will to suggest personal injury lawyers.
  • Once you have short-listed a few probable lawyers, arrange for an appointment to meet up with them. Enquire about his previous cases, his record of accomplishment and also ask him the chances of winning your case and request him/her to get back to you with the details that he could not give you during the meeting.
  • Also, enquire about the fee details such as if there is an initial consultation fee and whether or not there will be a fee for evaluating your claim.
  • See if you are comfortable working with this lawyer. You will be meeting this person on a regular basis and spending a lot of time with him/her in discussions, so make sure that you can get along with him/her.

    Personal injury attorney

    How to choose a personal injury lawyer?

  • Have patience, but remain regularly updated. A good lawyer will have more than just your case going on at the time. He/she can only work as fast as the opposition will allow. If you were injured in an automobile accident, then your lawyer will have to wait until the insurance companies have completed their formalities and negotiations. Remain patient, but keep asking for updates.

Follow the above given steps to choose an efficient personal injury lawyer who can represent your case for you. For more info on personal injury lawyers and their duties, check out legal resources that are available online. Alternatively, you can go down to your local library and check out their law section.

A Short Note The On Habeas Corpus Petition

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habeas corpus petition

  writ of Habeas Corpus

The evidence presented in the court was so overwhelming that the judge had no choice but to send Kevin to prison for three months. But, Emma, Kevin’s wife, was so sure about the innocence of her husband that she decided to file a habeas corpus petition in the court. The prisons in the country are already overcrowded with dangerous criminals who are serving years of imprisonment for serious crimes, and Emma was of the opinion that the state would be better served with a serious criminal behind the bars, rather than Kevin.

Although hardly a touching story, the above snippet throws light on an important part of our legal system: habeas corpus. The writ of habeas corpus definition is given below, and it should remove all the confusion surrounding the habeas corpus petition, and the writ of habeas corpus. The court, in the case of Kevin, obviously thought the world would be a better place to live in with Kevin behind the bars, but as clearly demonstrated above, there are ways with the help of which even convicted criminals are able to get out of prison. However, getting out is not that easy.

Habeas corpus petition

If you feel that a person is incarcerated without sufficient reasons, then you can file a habeas corpus petition in a court of law. The main purpose of the habeas corpus petition is to give a chance to those who are wrongly incarcerated, to get themselves released.

The writ of habeas corpus definition

habeas corpus

     Habeas Corpus law

Not to be confused with the habeas corpus petition, the writ of habeas corpus is a court order that demands the transport of a prisoner to the court room, so that the court can determine whether to release that person or not.

Petitions in the court

Once the habeas corpus petition is filed in the court, the court needs to be convinced that the person was incarcerated based on factually incorrect evidence, or a legal error. If the court feels that, the petition has some basis that supports it, then the prisoner may be released from custody.

Not everyone can file a habeas corpus petition in a court of law. It needs to be noted that, the habeas corpus petition is usually filed by those who have spent a considerable amount of time in jail.

Some Tips For Choosing The Best Wrongful Termination Lawyer

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Wrongful termination lawyer Los Angeles

Wrongful termination lawyer

So this was it. Twenty years of dedicated, loyal service, and all that remained was a piece of paper saying that he had been terminated from the job. Paul had known all along that this was coming; he just hadn’t expected to feel so angry about it. But then again, this was one place where he had spent a considerable part of his last twenty years. He thought of his options, but he already knew he had been unfairly treated, and that he had only one option left. The meager amount that they intend to pay him for his twenty years of his service was tantamount to an insult. They were a multi-million dollar company now, and he had been there since the start of it all. He deserved more, he deserved better.

Many people in a position similar to Paul’s might shy away from approaching the court with such matters. They might think of it as a waste of time and money, but what they actually forget is the fact that, in most cases, it is the wronged employee that gets the benefits from the employer. But, of course, it is important to have a competent lawyer explaining your case. Here are some tips that will help you in finding a competitive wrongful termination lawyer Los Angeles.

Tips

  • Ensure that the process that your employers followed for firing you from the job was illegal. If the grounds that they mentioned for firing you were for exercising your First Amendment rights, for attending jury duty, for refusing to break the law, then you better start the process of selecting a lawyer.

    multi-million dollar company

    lawyer in Los Angeles

  • Ensure that you have a copy of all the documents pertaining to your termination from the job. These documents should have information like specific dates and details regarding all the incidents that led to you finally being terminated from the job.
  • You can find good lawyers by asking the opinions of people who work at a local employment office or state labor department.
  • Many online sources have excellent information regarding all the attorneys available in your area.
  • Once you are fired from your job, ensure that you do not make a scene at the spot, or resort to threatening your hitherto employers.

These tips will help you in finding, if not the best wrongful termination lawyer Los Angeles can provide you, then at least one that’s close to being that.

Some Information Regarding Auto Accident Lawyers

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Auto accident attorney Los Angeles

Auto accident attorneys

Most of the cases that are presented in a court of law, demanding for damages to be paid, are related to auto accidents. Such incidents often lead to one party being injured, with the other having caused the injury. There can be auto accidents were a drunk driver upends his own vehicle, but these types of cases cannot be counted as cases that are related to damages. To win such cases in courts, it is important that you have a competent attorney to present your case. There is many a competent auto accident attorney Los Angeles can provide you, though it is important that you select the right one.

Los Angeles scenario

Los Angeles is truly a world-class city, and one of the few unfortunate gripes that come along with such a tag is the traffic congestion. This is the curse of many cities in the world, and although many alternate means of transportation have been introduced, the traffic in the city manages to hold a stranglehold on everyone.

Added to the fact that there are millions of vehicles on the road, it is a sad reality that Los Angeles is ahead of other cities in terms of drunk driving and similar negligent acts. This further points to the need for competent attorneys in the state of California. Automotive accidents are one of the major reasons for the rising number of personal injury claims in the area. It is estimated by the National Highway Traffic Safety Administration (NHTSA) that every 10 seconds, someone in the United States is involved in a car accident. This is a highly concerning statistic, and it is high time that the authorities took some measures to control it.

auto accident claim

 Los Angeles auto accident attorneys

If you are a concerned party in an auto accident claim and you want to consult an attorney, make sure that you select the best attorney that you can afford. Once you select the right auto accident attorney Los Angeles has to offer, then it will highly simplify the rest of the process.

Most of the auto accidents that occur in the state are avoidable. Defective automobiles are one of the main reasons for the occurrence of these accidents in the state. If the authorities are to ensure that people avoid driving negligently or the condition of the vehicle is good, then the state will have to deal with only a less number of accidents.

How To File A Wrongful Death Case With The Backing Of The Law

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Wrongful Death Statute of Limitations

Wrongful Death Statute

Death in any form is something that no one willfully wishes for. It is a tragic event from whichever angle you look at it. In the event of a death of your loved one in an accident that was caused solely because of the negligence of another person, you can make use of the law of the land to gain a rightful compensation for his misfortune. For those unlucky people who have left behind huge commitments, this compensation can prove to be a big help as their families can find some reprise and a way to live further after their demise.

However, there are some Wrongful Death statute of limitations you need to be aware of before filing a wrongful death lawsuit. It is a civil lawsuit and hence it needs to be perfect in all sense. The reason why your loved one died should completely be because of the negligence or irresponsible behavior of the accused personnel and this is absolutely vital for the lawsuit to have a strong legal backing.

If you seek advice from an expert legal practitioner, he will tell you the necessary requirements and conditions for applying for such a compensation claim. Alternatively, you can do a quick search for Wrongful death statute of limitations in the internet to gain more insights into this legal framework.

wrongful death lawsuit

Statute of limitation for wrongful death

There is a time limit for applying for compensation under this legal setup and usually it is two years from the date of demise of the person. However, in cases where the people eligible for the compensation are minors, the deadline can be extended until they reach the age of 19. It is a judicial procedure and hence there will not be any adjustments done in anybody’s favor. In addition, if you are rightfully eligible for a time relaxation, you will get it no matter what the odds are.

Monetary compensation for the death case shall not take too long to reach the eligible loved ones of the demised persons once the lawsuit has been proven to be valid. All you need is the service of an expert legal advisor. As mentioned before, he or she will know how to make the most out of these complex legal frameworks and make sure the wrong done to your loved ones is justified at the earliest.

For further assistance, you may seek the help of a legal practitioner or refer law books at your local library.

How To Choose A Car Accident Lawyer In Los Angeles

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Car accident lawyers Los Angeles, Best accident lawyer

Car accident lawyers in Los Angeles

If you are involved in a car accident in Los Angeles, then you will definitely need the assistance of a quality lawyer who can represent your interests in the best possible manner. An experienced and reputed lawyer is one who can take the burden off your shoulders. A skilled lawyer will ensure that the insurance company compensates for all your financial, physical and even your emotional damages.

How to Choose Car Accident Lawyers Los Angeles

Given below are a few tips to help you select the best accident lawyer to represent your case-

  • Ask for referrals from people you know such as your friends, relatives and other acquaintances to know about good car accident lawyers Los Angeles. Newspapers and phone directories will also have information about these lawyers. You can also get references from your local or states bar association. Arrange an appointment with some of the shortlisted lawyers and talk about your case. Most lawyers offer prospective clients a free consultation to help you decide whether you want to hire the lawyer or not. Make sure you talk with the lawyer at least once before hiring him.
  • Choose an accident lawyer who is reputed and has experience handling and negotiating cases such as yours. If possible, the lawyer should be able to settle your case out of court. If it cannot be settled out of court, then he should be able to get you a minimum cost settlement.
  • Find a lawyer who understands your injuries and damages. He should be one with sufficient industry experience and with whom you are comfortable. He should also
    Car accident lawyers Los Angeles, Best accident lawyer

    Car accident settlements

    be able to help you understand the different aspects of your case and be straightforward about the business aspects of the trade.

  • Choose a lawyer who agrees to take his only payment after winning the case for you. If he agrees to after case charges, make sure that you settle all monetary matters with the lawyer before handing him your case. Before you sign any paperwork, make sure you read all the terms and conditions and see that you understand them as well.

Do thorough researches before you hire an accident lawyer to represent your case for you. Do a little background check on the lawyer to get an idea of his previous cases. Keep these tips in mind while looking for car accident lawyers Los Angeles.