Steps to File A Petition For Habeas Corpus

Posted on January 10, 2013 by Lisa Cooper

How to File a Petition for Habeas Corpus

The term Habeas Corpus is a Latin word which actually means “you have the body.” Nowadays it guards the rights of each citizen when it comes to unlawful custody. No one has the right to hurt your physical integrity by keeping you in custody without fair and solid evidence. The writ of habeas corpus definition is a legal instrument that proves time and again to be confusing to most of us. The accused prisoner or his lawyer files a petition of habeas corpus when he would like the court to issue hear a case against the detention of a person. The court will then have to decide if the detention is permissible under law. Habeas corpus petitions are treated by court with higher priority than any other civil case and are placed at the top of court dockets.

Learning how to file a habeas corpus petition is simple once you familiarize yourself with how the legal system works. In this article, you will learn step by step procedure to file a habeas corpus petition!

Instructions to file a petition for habeas corpus:

introduction to habeas corpus

First you need to make sure that the habeas corpus form you have acquired is authentic. You can purchase the original habeas corpus form from either the federal court or the state court.
Study the form thoroughly. In the form you will find provisions to enter the details of the prisoner and those of the person representing him.
The habeas corpus petition can be filed in cases where a person has had to suffer illegal imprisonment, when probation is unfairly denied or when bail is due. Depending on the issues of the case, prepare a statement that is to be addressed to the court.
As the next step the court will either issue a writ of habeas corpus definition that includes a hearing of the petition filed with the presence of the detaining authority and the detainee or decline the petition altogether. The authority against which the writ has been issued needs to respond within 10days.

So it is always safe to have a good idea of the legal system before applying habeas corpus petition and in fact, any other legal adventure for that matter. You can avail more information about the topic online. Students of law need to go through this very important aspect of law in detail by going through previous judgments on the same.

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What Do You Mean By Pure Comparative Fault?

Posted on January 8, 2013 by Lisa Cooper

how to win Comparative negligence

If you’re involved in the process of deciding the extent of damages and fault in a claim over personal injury, many different routes can be taken to determine what goes to whom. Pure comparative negligence is what renders the claimant eligible to receive damages but if it’s proven that they were responsible in part for the accident, then their damages would be reduced proportionately, according the amount of fault they are assigned. For instance, if the court decides that the injured party must be assigned 20% of the blame for the accident, then the damages they receive would be reduced to 80% of what they would be entitled to otherwise.

The more conventional form of contributory negligence is different from the concept of pure comparative negligence. According to the latter, if the injured party were decide to be even 1% at fault for the accident by the court, it would render them ineligible for any damages whatsoever. Therefore the claimant would have to prove beyond a doubt that the defender was wholly responsible for the accident, if he wished to win damages.

If you’ve been in an accident recently, regardless of whether it resulted from medical malpractice, a

how to accuse of Comparative negligence

workplace accident, or even a slip and fall, you probably have sufficient cause for a personal injury claim. If you’d like your case be heard and wish for a chance to have questions you might have about liability answered, then the best thing to do would be to consult a personal injury lawyer, preferably one who is part of a law firm. You could even solicit the services of a private lawyer who has his own practice.

A lawyer is bound to be highly and extensively experienced in the matter, and hiring one will ensure that you’re not without assistance at any point along the way. They would be well aware of the stakes while making a personal injury claim, and all their efforts would be directed towards obtaining a verdict that would best serve your interests. Don’t hold anything back while discussing the case with them, as any small point could be of consequence.

Before you decide on which lawyer you would have represent you, make sure that you finalize issues regarding the lawyer’s fee. The more experienced ones would be demanding a higher figure. Moreover, you can either pay them upfront or they may seek a certain percentage of the damages received.

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How Comparative Negligence Can Be Calculated

Posted on January 3, 2013 by Lisa Cooper

how to determine comparative negligence

The concept of comparative negligence deals with the guilt that can be rightfully assigned to a person in the event of an accident. When you’re looking at drunk driving, the responsibility of the driver for the accident is absolute, both in the eyes of the law and the insurance companies. Even then, many times, no single party can be faulted for the accident. It is in cases like these that comparative negligence has to be calculated, so that the percentage of blame to be assigned to each party can be decided.

How comparative negligence is different from contributory negligence

The statute governing contributory negligence states that if a person is proven guilty of negligence that contributed to the accident that caused his or her injury, he or she has shown “contributory negligence”.

The statute for pure contributory negligence states that if the person is proven guilty of even the slightest contributory negligence, he cannot sue for damages. Comparative negligence, also called non-absolute contributory negligence outside of the United States, is what brings down the damages that the plaintiff can recover.

how to find the comparative negligence

Conduct an investigation into the accident. If you didn’t witness the accident, get in touch with someone who did. Make an observation of where the accident took place. Write down the situation and circumstances of the parties that were involved in the accident. For instance, if you’re looking into an accident which involves an area under construction, then you might want to take a look at the safety measures in place, the work history of the worker, the dangers that a worker faces, and the aspects that the management might have overlooked.
Get reports from the police, the hospital, and eyewitnesses. These are what will give the information used by the courts and the insurance companies, to arrive at the percentage of comparative negligence. It’s important to get your facts straight, on where, when and how things happened as they did.
Get in touch with insurance companies and get a hold of their official report on the incident. Their reports could differ from other reports and can be used to strengthen or weaken arguments. Moreover, the calculation for the comparative negligence will be included in the report.

These are the ways to go about calculating comparative negligence. Hope this information was relevant.

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The writ of Habeas Corpus

Posted on January 3, 2013 by Lisa Cooper

The basics of Habeas Corpus

Habeas Corpus is a writ or procedure that protects a person from detention by other person or other authorities by being ordered to appear in court to argue their case against such a detention. The detention, if not having any legal basis will be annulled by the court which should be respected by the detaining person. The phrase ‘Habeas Corpus’ is derived from the Latin language which means ‘You have the body”.

This is the general summary of the writ of Habeas Corpus definition. The law includes various guidelines and protocols which have been detailed through successive judgments. These should be strictly followed; only when the petition has valid arguments will the defendant be allowed free and only with cause will the court allow the detention to be extended. The defendant may seek the help of an attorney to file the petition. The writ is a fundamental right of freedom for the defendant to act against the arbitrary and lawless state action.

Importance

Writ of Habeas Corpus definition

The writ is the part of a person’s fundamental right against unjust actions taken against him by the state or any other person. The law originated during the 1400’s in the English common law. The law preserves the right of convicted persons to act against any forced detentions that are influenced using the powers of the Government and Politics.

The petitioners are not allowed freedom with the help of the writ unless they can establish that the detention happened following errors from the judiciary or the government authorities. This law is sometimes misused by convicted criminals to bail out after successfully establishing a false view of the case with the help of a lawyer.

Habeas Corpus in US

The writ of Habeas Corpus has been allowed to all prisoners under the Federal government. All jurisdictions under the Federal government are required to strictly allow defendants to file the writ under almost all conditions. The writ is suspended in a few cases including the ones that affect the security of the nation or political imbalances.

The Federal court has no supervisory authority over the criminal proceedings in State courts. The State courts have the power to reject the intervention of Federal Courts in a writ. There have been a number of cases in the U.S in recent years where the Habeas Corpus writ was passed and the petitioner was granted freedom from detention.

The Habeas corpus is a constitutional right and is one of the most fundamental laws that protect the rights of a citizen. More articles on the writ of Habeas Corpus definition will be posted later. Keep reading!

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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