The Benefits of Mediation
When you think about divorce, the first things that come to your mind are courts and attorney fees. That is a justifiable impression of the legal process, but that is not always the case, because there is such a thing as mediation.
Mediation is a process wherein a third party will facilitate a constructive conversation with the couple, so they can come into agreement regarding the division of assets, child custody, spousal support, and other aspects that can be dispute areas upon their separation. Many couples choose mediation because of its various benefits.
It is less adversarial in nature
Divorce can be very argumentative, and even violent on certain cases, especially if there are disagreements on legal issues such as those mentioned above. But with mediation, the process is much more peaceful. This is because the spouses involved are willing to cooperate and are mature enough to talk it out instead.
It is unbiased
In divorce, it is more likely that the spouses will do anything for his or her best interest, and this may mean that he or she will be biased in terms of demands. But in mediation, demands can be controlled with the help of the unbiased mediator, so you are sure that all legal aspects are equitable.
It can get results faster
Divorce may take a significant amount of time because of the disagreements, not to mention the days allotted for courts and attorney sessions. Couples can have more control of how things progress in a mediation, so it is likely that they will have faster settlements.
It protects your children from stress
The court may involve your children in the divorce process, especially when it comes to child custody and support. The children may be interviewed or asked to be in court, which can have emotional and psychological effects. Mediation prevents such stressful things.
Due to these advantages, many couples are choosing mediation over litigation. In fact, according to the website of Kirker Davis, LLP, some counties in Texas even require mediation because it is less complex. This just proves that mediation, as a concept, works very well.
Nursing home abuse of elderly citizens is quite common in these facilities. Such actions can affect hundreds of elderly patients each year. According to www.kff-law.com/nursing-home-abuse/physical-abuse , physical abuse or neglect can leave the patient severe injured or even encounter mental trauma. Nursing home abuse and neglect are similar because they both have serious consequences on the patient. However, there is a huge difference between the two.
Nursing home neglect can either be passive or active. The former involves unintentional failure while active refers to the intentional failure of the nursing home staff. Both passive and active neglect can be easily detected through observation of the elderly person’s physical state. Some common examples of nursing home neglect include failure to assist the patient during eating and drinking, poor hand washing techniques, ignoring call bells or cries for help.
Nursing home abuse, on the other hand, is an active form of neglect which causes harm or injury to a patient. It can either be physical, emotional, financial, or sexual. Once detected, immediate action is required. Sexual and physical abuse is easier to detect while emotional and financial can be challenging.
Whether its abuse or neglect, the elderly patient should be treated with respect and utmost care. There are several laws that protect the rights of nursing home residents. For instance, the Federal Nursing Home Reform Act, enacted in 1987, requires nursing homes to provide high quality of life for its residents. The law also requires nursing homes to comply with local, state, and Federal laws as well as prevent discrimination.
Sending elderly members of the family to a nursing home can be tough for their loved ones. When the family members do decide to entrust the elderly to these facilities, they have the assumption that they will be well taken cared of. Nursing home abuse and neglect is a serious violation of the law hence any facility can be punished and prosecuted in court.
One of the most important processes that a business can undertake is a merger and acquisition. For the companies that will be involved in the process, they can expect a win-win situation. For the business that will be merged and acquired, they can ensure the continuity of their business as a part of another company. For the acquiring company, it is the perfect opportunity to grow their company.
According to the website of Slater Pugh LLP, mergers and acquisitions are important business decisions that should be carefully considered. M & A’s are governed by different areas of law. This is important because it can affect the employees of the company. For both seller and buyer, such transactions would mean change in corporate control. Mergers and acquisitions could affect shareholders, customers, employees, and vendors.
Among the two transactions, the more common is acquisition. This involves a smaller company being bought by a larger one. Depending on the agreement, the cost of acquisition could be in the form of stocks or cash. These transactions are governed by corporate law which provides information on requirements necessary to complete the merger or acquisition. Likewise, mergers and acquisitions identify the different duties that the Board of Directors will have in the new company.
Before the merger and acquisition deal can be implemented, it would require the vote of the different shareholders. In a stock deal, shareholders need not vote because each director will decide if they want to sell their shares to the new owners. The company charter may also have a set voting requirement when the company is up for sale. In some instances, the company may also have the option to solicit proxies from shareholders.
Taxation issues also play a huge factor in mergers and acquisitions. The Internal Revenue Code of the United States discusses all of the taxation issues. Tax lawyers need to be involved in every step of the way of mergers and acquisitions.
If you have committed driving and traffic violations, then perhaps you have encountered the term SR-22. But some people are confused about it. Just what is it really all about? Why do we need it? What is it for? For starters, SR-22 is not an insurance but a certificate that you will need to have your revoked or suspended license reinstated. It is also called Certificate of Financial Responsibility (CFR) issued by the Department of Motor Vehicles (DMV) as proof that you are maintaining liability coverage.
According to the website of Schuler, Halvorson, Weisser, Zoeller and Overbeck, P.A., an SR-22 is issued to individuals who committed driving violations resulting to the suspension of their license. If you were apprehended for driving without car insurance, you will be required to get SR-22. You might also need certification for the following situations:
- DUI or DWI or other violations
- At-fault driver while driving without insurance
- Continuous offender or too many tickets in a short period of time
- Revoked or suspended license
When required, you would need to carry the SR-22 for at least three years. The length would vary from one state to another and depending on the reason. It is usually issued by the state or a judge. While carrying the CFR and if you become free from any violations and incidents, you can become eligible to get a car insurance in the standard market.
Another version of the SR-22 is the FR-44. It performs a similar function as the SR-22 but will require the driver to have a higher level of insurance coverage. A driver will be required to get an FR-44 if they are not able to sustain their SR-22 requirement.
It is worth noting that you cannot file an SR-22 on your own. You need to inform your insurance provider about the SR-22 requirement. By informing your provider about the need for an SR-22, your insurance factor will change to high which could mean that your provider will not file the SR-22 for you as they do not provide coverage for high risk drivers. This means you will need to shop around for a new provider.
If you are carrying an SR-22 and plan to cancel an insurance policy, secure the certificate first before canceling. Insurance companies have the tendency to immediately inform the state about the cancellation so your SR-22 will be rescinded. If they do so, your three year requirement starts from the beginning. Most states will not count the previous years so set up the new policy with an SR-22 first.
Cerebral palsy results from brain damage that occurred due to lack of oxygen in the baby’s brain, usually during its development inside the uterus or during delivery. This life-long condition is considered non-degenerative, which means it doesn’t worsen as time goes by. Depending on the severity of the brain damage, a person living with cerebral palsy may experience a myriad of different symptoms, ranging from mild seizures to persistent and severe muscle contraction.
According to the United Cerebral Palsy Association, around 764,000 individuals are suffering from cerebral palsy. This staggeringly large number puts too much strain not only to the country’s healthcare system, but most especially to families whose family member have cerebral palsy. Children with cerebral palsy are oftentimes diagnosed with some level of mental retardation, and are also suffering from vision and other sensory problems, as well as learning difficulties.
Several studies are now underway to pinpoint the root cause of cerebral palsy. Many scientists suggest medical negligence could be a contributing factor for the development of this brain condition. According to the website of the Law Offices of Ronald J. Resmini, LTD., untrained staff and reckless medical professionals may contribute towards cerebral palsy risk. A medical professional could be at fault for cerebral palsy if:
- The doctor fails to perform C-section when needed. A baby born to mother with smaller pelvic bone is at risk of oxygen deprivation in the brain. Also, a baby could be at risk of oxygen deprivation if he stays longer in the vaginal canal. Doctors should be prompt in determining when a C-section is needed to prevent cerebral palsy from developing.
- The doctor used delivery tools wrongly. Assisted normal delivery can cause cerebral palsy if tools have been used in a wrong way. For instance, forceful use of vacuum cap or forceps might block the circulation of blood to the baby’s brain, depriving it of the oxygen it needs to prevent brain damage
- The doctor fails to assess the baby’s risk of cerebral palsy while in utero. Infections, such as German measles, toxoplasmosis, and herpes may all contribute to cerebral palsy.
It is never easy to deal with the aftermaths of accidents – especially when they happen to you. Fatality rates are only just statistics until you can recognize a name on the list and you never expect it. You never wake up into the day and think that maybe the absolute worst has happened.
Well, sometimes – that is exactly the case. And “too soon” can only be used so many times when it happens literally every single day.
Unfortunately, that is exactly the case when it comes to accidents. The entire concept of something as being “too soon” can be another ploy in order to distract you from taking action immediately – which really should be the priority. In terms of accidents, some companies will do next to anything in order to avoid causing a scandal or a case in order to preserve their brand identity. Allowing for them to get away with it by not taking immediate action can be dangerous.
According to the website of Wausau, WI personal injury lawyers, it is often recommended to seek help immediately due to the fact that people who work in this field must be well networked and resourced with professionals who can help the victim into recovery. Medical professionals, for one thing, who can provide the most effective treatments and procedures – and this allows for the victim to relax and simply be taken care of. After all, it isn’t the fault of the victim so why should they take the brunt of the accident’s burden?
It is important to seek justice and help in times like these – especially if they are ones that require sufficient and immediate evidence in order to further strengthen your case.
At the heart of downtown Madison, perched in between the vast waters of Lake Mendota and Lake Manona, stands Wisconsin’s majestic State Capitol building. Built there between 1906 until 1917, the Wisconsin State Capitol is an integral part of Madison’s breathtaking skyline and is the only Capitol building standing on an isthmus. The building towers up to 284 feet high and is just a few feet shorter than the Washington State Capitol building. In fact, the Wisconsin Capitol was patterned from the Nation’s Capital in Washington D.C. with a huge dome and four sprawling wings facing its surrounding streets diagonally.
The entire building has been styled to reflect the rich history and ethnic heritage of Wisconsin. From its architecture to the pieces of art and furniture adorning its interiors, the Wisconsin State Capitol is heavily influenced by Italian, French, and German aesthetics. The Senate Chamber, for example, is designed with French and Italian marble, as well as a circular skylight. It is also adorned with a mural by Kenyon Cox called “The Marriage of the Atlantic and the Pacific”.
Perhaps the centerpiece of the Wisconsin State Capitol is the towering 200-feet dome that is topped by the gilded bronze “Wisconsin” statue created by prolific American sculptor Daniel Chester French. From inside, this majestic dome serves as the building’s rotunda. Visitors shouldn’t forget to check out the mural by Edwin Blashfield called “Resources of Wisconsin” decorating the rotunda’s ceiling. Up above, the dome also has an observation deck called Lantern Balcony. From there, visitors can take in the breathtaking view of the Madison isthmus and the two near-by lakes.
The world is filled with plentiful patches of land that are bursting with natural resources like oil and gas, which are called minerals. Perhaps you find yourself in a situation wherein you crave a new pursuit that entails something else than this path but are unaware of how to go about this business with regard to mineral rights.
Harvesting minerals entails a lot of paperwork, duty, and risk that the common individual may not want to deal with – but there are industries all over the country that are experts with these kinds of scenario. Selling can often alleviate you of the responsibility that these kinds of rights can present but at the same time, you don’t want to be cheated out of something that is rightfully yours.
If you don’t know how to sell mineral rights, it can be a problem for you to then determine how much your mineral rights are actually worth. This is no different from any industry as there are always going to be sharks in the water, attempting to get your rights for a much lower price than they are actually worth. That is why, when it comes to matters like these, it really is the best option to contact expert, professional help who know their way around the tides and can land you the best possible ball park deal for your mineral rights.
In the end, the market value of your mineral rights rest in the current flow of the market. It is impossible to determine the exact net value from a chart, or even an estimate. Just like any market, it can fluctuate without warning and is often a difficult task to go in to if you don’t know how to wade the waters. In order to know how much your mineral rights could be worth, it would be most logical and recommended move to consult with an expert on the manner in order to get the best deal that can be granted to you.
Robbery is a second degree felony under Texas criminal law regardless of the amount involved. As described on the website of Mark T. Lassiter, criminal penalties for theft depend on the value of the item stolen. Petty theft, for example, of an item or items valued at a total of less than $50 is a Class C misdemeanor, which has a maximum fine of 500% and no jail time involved if convicted.
While it is one type of theft, robbery is a much more serious offense than simple theft because of the element of violence. Under the Texas Penal Code, you can be charged with robbery if you are suspected of the following while committing theft:
- Intentional, reckless, or knowing infliction of bodily injury to another person
- Intentional or knowing infliction of fear of bodily injury or death to another person
If convicted of robbery, you could be facing up to 20 years in prison and a fine up to $10,000 because it is a second degree felony. If you are convicted of aggravated robbery, which is theft with the
- use of a deadly weapon
- infliction of serious bodily injury to another, or
- threatening infliction of bodily harm to a disabled or elderly (over 65 years old) individual
then you could be in prison for up to 99 years and made to pay a fine of up to $10,000 because that is a first degree felony.
Robbery or aggravated robbery charges are very serious matters, and should be treated as such. Even if you believe you were wrongly charged because you just happened to be in the wrong place at the wrong time or that you did not have the requisite knowledge or intention to use violence, you will have to provide evidence of this to the jury. It is not a simple matter of explaining your side of the story.
If you are facing robbery or aggravated robbery charges, get a competent criminal defense lawyer to handle your case as soon as possible. There is a very real possibility that it could change your life forever.
A lot of people have only the vaguest idea of how criminal law works, and in general that’s a good thing because it means they have never run into trouble. The bad thing is that because of that ignorance, they could be unwittingly tricked into waiving their rights or even convicted of a crime they did not commit.
“Innocent until proven guilty” does not mean that the innocent can always prove innocence. If that were true, there would not be organizations such as the Innocence Project which takes on cases of what they are convinced are the wrongfully convicted. Technically, the burden of proof is on the prosecutor, but the innocent defendant should know that not everything is as it appears to be, and enough circumstantial evidence can convict an innocent person.
Many cases are based on circumstantial evidence that can be construed to mean one thing or the other, and can lead to a false construction of a crime. There are instances when an eye witness or an expert makes a mistake; they are human after all. As pointed out by Ian Inglis on his website, it can be struggle for a defendant to challenge these aspects of the case. Simply maintaining their innocence is not enough to convince a jury to acquit if the circumstantial evidence is compelling enough, and reasonable doubt is not introduced into the trial.
The innocent defendant also has a tendency to believe that cooperating with law enforcement shows that they have “nothing to hide” but the fact is police interrogators will do anything short of physical harm to get a confession. They work hard to break down a person’s normal defenses if they strongly believe that they have a viable suspect in custody. While this may work with a guilty person, it unfortunately works against an innocent person just as well.
The criminal defense lawyer is not there to get the guilty off the hook; they are there to protect the rights of the defendant and to ensure that they aren’t bullied into a conviction. Guilty or innocent, when faced with a criminal charge, it is important to retain an experienced criminal defense lawyer before one word comes out of your mouth.