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28th September 2009
A spiritual atheist? Perhaps it's a strange concept if you only think spirituality has to mean a belief in a god. Do the two have to be related? Many people think of the historical Buddha as a spiritual person, but most don't know that he never expressed ... Read >
Author: wbdoyle23rd September 2009
In the case of Chouafi v London United Busways Ltd [2005], the claimant was employed as a bus driver by the defendant company. In October 2003, he was diagnosed with severe depression and was signed off work until February 2004. He was dismissed in Januar... Read >
Author: wbdoyle23rd September 2009
Fundamentally, we are talking about a contract between competent adults, which should ordinarily be enforceable and not subject to modification. Unfortunately, prenuptial agreements are routinely attacked at the time when party or the other seeks to invok... Read >
Author: wbdoyle23rd September 2009
Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law to the Trial of Cases of Civil Disputes over the Protection of Well-known Trademark began to implement since May 1st, 2009. The judicial interpretations will... Read >
Author: Sino-Link Consulting13th September 2009
A common question for those seeking an expedited Marriage visa for their loved one is: why does the K-3 visa use the same application as the k1 fiance visa?
The K3 visa was initially designed as a way of getting spouses of American citizens to the Unit... Read >
Author: US Visa Lawyer03rd September 2009
Drinking and driving is a good way to get in serious trouble. The law is set up to nail people who drink and drive to the wall. Two of the common charges are DUI and DWI, but many people do not understand the difference between them. Let’s take a look a... Read >
Author: Dirk Gibson29th August 2009
It's Extremely Difficult for Anyone to Pierce Your Nevada State Corporate Veil
When you form a corporation, whether it's in Nevada, California, Texas or wherever, you must follow certain corporate formalities. Remember, a nevada state corporation can do ... Read >
Author: adams77729th August 2009
In states that allow a nonjudicial foreclosure through a power of sale clause in a deed of trust, homeowners find that their properties are sold out from under them without a hearing or chance to defend themselves. In fact, it is up to the borrowers to br... Read >
Author: Nick Adama15th August 2009
In a litigation malpractice case, the plaintiff sues his former attorney for poor or inadequate representation. The burden of proof is on the plaintiff and, specifically, the plaintiff has to show that he would have had a substantially better outcome in t... Read >
Author: Gary Haiji15th August 2009
The Breathalyzer is a device used to determine the blood alcohol content of a person and is a common tool police officers use to evaluate drivers suspected of driving impaired. Most people know this, but are a bit less clear on how the breathalyzer result... Read >
Author: Thomas Ajava10th August 2009
The burden of proof for a crime in the United States is on the prosecution. Many DUI defendants shoot themselves in the foot because they don’t understand the concept of evidentiary party admissions.
Miranda rights are something we see all the time o... Read >
Author: Thomas Ajava08th August 2009
With no doubt, medical malpractice is one of the most misunderstood forms of litigation in the legal profession. This is due to the fact that many people that are victims of instances of malpractice may be completely unaware they have been a victim of it.... Read >
Author: Jon Arnold07th August 2009
Automobile collisions, slips, dog bites and workplace accidents all share one thing in common; the injured often suffers damage beyond that of physical injury. Medical bills can quickly add up and the burden of lost wages can lead to a host of other finan... Read >
Author: Ryan Russman25th July 2009
A recent decision from the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center added a new wrinkle in the use of a domain name by a fan site. In Giochi Prezioso S.P. A. v. VGMD NetWeb S.L. (Decision No. D2009-0542, July 2, 20... Read >
Author: Richard J Slawson18th July 2009
Medical negligence is a fact of life, even though no one really wished that it occurs. Medical negligence means that there was a deviation from the accepted way that things should be done in the medical community. There are a number of reasons why it coul... Read >
Author: Robert Palmer16th July 2009
Uncertainty still plays an important role in the aspects of all medical decision making. It is further compounded by the information overload that characterizes modern medicine today. At the heart and centre of all this is the experienced clinician, who m... Read >
Author: Robert Palmer30th June 2009
In any financial or legal proceeding, there are often little pitfalls that you have to watch out for. One common mistake that consumers make is purchasing something on credit just before they declare personal bankruptcy. This is certainly something you ... Read >
Author: Cecilia Rodriguez22nd June 2009
There are certain defenses available to a dog owner who is criminally prosecuted for owning a dangerous or potentially dangerous dog. One defense is provocation of the animal, which is the same defense available under the civil "Dog Bite Statute" discusse... Read >
Author: Christopher M Davis, Attorney At Law22nd June 2009
Medical negligence occurs when a health care provider does not follow the accepted medical practices that result in either injury or death to their patient. Often times, the negligence is not intentional. Sometimes, patients are not even aware that a mist... Read >
Author: Robert Palmer18th June 2009
Federal and state Right-to-Know laws have been in effect for several decades, but in Pennsylvania they were recently redefined. Regardless of whether or not you do business with agencies in the state of Pennsylvania, there are lessons you can learn about ... Read >
Author: Allen Gavlak12th June 2009
How To Request Binding Arbitration
Thousands of Texas homeowners will go through the property tax appeal process this year because the appraisal district incorrectly assessed their home's value. Sometimes getting a satisfactory reduction takes some time... Read >
Author: Patrick OConnor11th June 2009
Direct race discrimination is when an organisation (or an employee of the organisation) treats a person less favourably than someone else on racial grounds. Proving direct race discrimination is not trivial. The burden of proof is on the employee allegin... Read >
Author: Simon King06th June 2009
Why whiplash crash scams make it harder for
real victims
Motor insurance companies are becoming concerned that a rising tide of fraudulent whiplash claims could make life much harder for genuine victims of road traffic accidents and push the cost of in... Read >
Author: Nick Jervis23rd May 2009
With either the K1 Visa or the K3 Visa, you are going to have to "prove the validity of your relationship". Proving the validity of your relationship means the burden of proof is on you to demonstrate that your relationship was NOT created so that a fore... Read >
Author: KVisaAttorney.com18th May 2009
In this country, we are fortunate to live in an open society. Unlike some other countries, the United States doesn't impose unnecessarily burdensome restrictions on most of the people who just want to visit here. Some countries, in fact, require registrat... Read >
Author: Robert Bell27th April 2009
The case of Chagger v Abbey National plc & Hopkins of 2006, where the Employment Tribunal applied the reverse burden of proof provisions of section 54A, the 2003 amendment to the Race Relations Act 1976, and consequently made an unprecedented compensation... Read >
Author: Simon King23rd April 2009
Regarding the issue of race discrimination in the UK, employers must follow fair, objective and rational redundancy procedures lest the capacity to defend against accusations of discrimination is lost. In race discrimination cases the burden of proof is ... Read >
Author: Simon King16th April 2009
Medical Negligence and Medical malpractice is a major problem that threatens health care systems around the world. While there are no exact numbers, it is estimated that it costs doctors, consumers, and the overall health care system billions of dollars p... Read >
Author: Robert Palmer09th March 2009
Why should you hire an attorney instead of representing yourself? Because it could be one of the smartest decisions you ever make.
More people consider representing themselves in legal cases. These individuals are called "pro per", "pro se" or "in p... Read >
Author: Stacey M. Washington06th March 2009
Why whiplash crash scams make it harder for real victims
Motor insurance companies are becoming concerned that a rising tide of fraudulent whiplash claims could make life much harder for genuine victims of road traffic accidents and push the cost of in... Read >
Author: neiljontas24th February 2009
Everyone seeks medical attention for one reason or another. We naturally expect that our doctor will take great care in treating whatever ales us.
Sadly, many patients fall victim to medical malpractice. Our courts are filled with medical malpra... Read >
Author: uleinc17th February 2009
One of the most common and often expensive mistakes an employer can make is to misclassify their employees as being exempt from overtime, if they are, in fact, non exempt employees by law. Exempt employees are often referred to as salaried employees and ... Read >
Author: Mansi Gupta22nd January 2009
Fleet management isn't simply a question of ensuring that drivers are given their destinations before leaving the depot. A fleet manager now holds many responsibilities, such as keeping a tally of the number of vehicles a company has, managing the drivers... Read >
Author: clickthrough21st January 2009
Summary - Looks at the growing epidemic of identity theft associated with minor children and young adults. Article points out proactive measures to take to avoid identity theft. Provides contact information to credit bureaus to obtain credit histories and... Read >
Author: Ronald Hudkins14th January 2009
What is "produce the note"? Why is everyone talking about it? Does it apply to me? How can it help to save my home from foreclosure? All these questions will be addressed in this article.
What It Is: Produce the note is a defensive strategy that y... Read >
Author: Michael Patrick Rooney, Esq., Broker11th January 2009
Broadly defined, Colorado personal injury is sustained when an accident occurs outside the workplace due to negligence of another person. Negligence is often defined as the failure of the liable individual to act as any reasonable person would. These inju... Read >
Author: coloradolawyer2011th January 2009
The concept of zero based budgeting was introduced in 1960. The concept was initially used for some government and business organizations and more recently has increased attention. Zero based budgeting is a budget-planning procedure for the reevaluation o... Read >
Author: Rashid Javed07th January 2009
If you have been injured or lost a loved one or property to someone driving under the influence of drugs or alcohol, you need to contact a DUI accident lawyer. Denver is not much different than other major metro areas when it comes to drunks on the road;... Read >
Author: Jonothan Blocker15th December 2008
If you need to file an accident compensation claim there is a process that you need to follow. The statute of limitations is part of this, and it means that you have three years from the date of the accident to file a claim. If you are under eighteen, tha... Read >
Author: Robert Palmer15th October 2008
You've poured over your policy wondering, "Will my insurance company pay for repairs?" Insurance policies are complicated and filled with jargon that's often difficult for the policyholder to understand. Even if you understood what the terms used actually... Read >
Author: Mark Decherd13th October 2008
You’ve poured over your policy wondering, “Will my insurance company pay for repairs?” Insurance policies are complicated and filled with jargon that’s often difficult for the policyholder to understand. Even if you understood what the terms u... Read >
Author: Mark Decherd08th October 2008
The criminal court process in England and Wales starts with an indictment. An indictment is the legal term for the criminal charges that form the basis of the trial. The prosecution of the indictment is generally carried out the Crown Prosecution Service ... Read >
Author: Highway Five26th September 2008
Definitions and explanations of terms commonly associated with making a Personal Injury claim in the UK.
Advocacy
Advocacy is the official term for when a solicitor or barrister acts on the behalf of a client in a court of law.
Barrister
A bar... Read >
Author: Rich Bendall22nd September 2008
Medical malpractice defined broadly is meant as a claim brought against a health care professional, such as a doctor or a hospital, wherein the health care professional violates the normal standard of care and, as a result, injury results. This is also s... Read >
Author: Jon Arnold08th September 2008
We've said it before, and we'll say it again: document, document, document. This is the key to getting a bigger insurance check. After all, the burden of proof is on you, not the insurance company. So, how do you document your way to a bigger insurance ch... Read >
Author: Mark Decherd08th September 2008
How to document your way to a bigger insurance check
We’ve said it before, and we’ll say it again: document, document, document. This is the key to getting a bigger insurance check. After all, the burden of proof is on you, not the insurance compan... Read >
Author: Mark Decherd08th September 2008
We’ve said it before, and we’ll say it again: document, document, document. This is the key to getting a bigger insurance check. After all, the burden of proof is on you, not the insurance company. So, how do you document your way to a bigger insu... Read >
Author: Mark Decherd08th September 2008
US tax debt relief is not a benefit reserved just for the wealthy who can afford expensive attorneys. Anyone can find relief when a tax burden has become unbearable and there's no way to pay. You can, and should, challenge taxes you don't think are correc... Read >
Author: William McConnaughy01st September 2008
Copyright (c) 2008 Law Offices of Jonathan Cooper
In our prior article entitled "5 Rules to Succeed in Filing an Insurance Claim," we provided tips to avoid some of the insurance industry's favorite gambits for denying rightful claims, including the in... Read >
Author: Jonathan Cooper01st September 2008
Most business people use similar levels of skepticism about everything they consider. Some are always optimistic that things will work out. Some are always pessimistic. Most people are somewhere in the middle. When a problem selecting the right choice... Read >
Author: Donald Mitchell13th August 2008
Bundling software applications together is a practice much abused by purveyors of adware. The potential for sneaking unwanted software into a bundle of desirable software is obvious. The benefits of bundling software aren't so obvious. Isn't it time to co... Read >
Author: Kulwinder Kaur24th July 2008
Copyright (c) 2008 Law Offices of Jonathan Cooper
Many small business owners that I've encountered are surprised to learn that under New York law, anyone in a product's chain of distribution can be held liable for injury that results from the foreseeab... Read >
Author: Jonathan Cooper23rd July 2008
If you’re home has been damaged by a covered homeowners insurance peril, you will need to file a claim with your homeowners insurance company. In a perfect world, you’d call an 800 number and a friendly insurance CSR would send out a knowledgeable ins... Read >
Author: Mark Decherd30th June 2008
Libel actions have recently hit the news with critics fuming at the allegedly handsome payouts to lawyers thanks to ‘no win, no fee’ deals. Do the critics have a point or is no win, no fee simply providing the access to justice envisaged when Conditio... Read >
Author: Saurav Dutt12th June 2008
The arrest and release of a supermarket employee for the murders of five prostitutes highlights the problems employers face when staff are accused of or suspected of a crime. Is there a duty to keep the job open while that person is under investigation? W... Read >
Author: simon-elliot05th June 2008
Silicosis is an extremely preventable condition and those working in and around silica at the workplace must know their rights as employees as well as if and when an employer disregards safety and is negligent on silicosis prevention.
What Should Emplo... Read >
Author: Legal15th May 2008
According to the Merriam Webster online dictionary, “an audit is a formal examination of an organization's or individual's accounts or financial situation.” It is an investigation conducted by the IRS to determine whether the information provided to t... Read >
Author: Akhil Shahani14th May 2008
There are a lot of people who are forced by circumstances to declare bankruptcy. Unfortunately, once they have declared bankruptcy, their credit score goes south fast. You might as well have the words "risky" and "unworthy" tattooed on your forehead. It i... Read >
Author: Pierre Smith18th April 2008
If you have recently gone through a Bankruptcy, then you know how devastating it can be for you and your credit score. A lot of lenders will look at your credit score and see that you have a Bankruptcy and decide that you are not credit worthy and will no... Read >
Author: bryan27th March 2008
Every year millions of Americans file a tax return with the IRS, but how much do we really know about this division of the government that so many fear?
1. When it was first created, the IRS was known as the Bureau of Internal Revenue. In the 1950’... Read >
Author: Roni Deutch06th March 2008
Ephedra is a naturally occurring substance derived from the Asian supplement Ma Huang and is also known as Ephedrine, Pseudoephedrine, and Epitonin. Its principal active ingredient is Ephedrine, a drug that is regulated by the Food and Drug Administration... Read >
Author: Legal21st February 2008
If you want to avoid a nasty audit by the Internal Revenue Service, be sure to avoid making a mistake that could signal a red flag to the government’s commuter systems.
With the internal Revenue Service (IRS) making headlines lately about increasing ... Read >
Author: Roni Deutch11th February 2008
Contrary to what many people think and many dictionaries suggest, atheism is not a belief. It is simply the lack of belief in "God " or gods. Before starting this article, I checked several dictionaries. In the first one, the definition of atheism given w... Read >
Author: Steve Gillman11th February 2008
If you have recently gone through a Bankruptcy, then you know how devastating it can be for you and your credit score. A lot of lenders will look at your credit score and see that you have a Bankruptcy and decide that you are not credit worthy and will no... Read >
Author: bryan05th February 2008
Where no benefit accrued to the custodial parent by the noncustodial parent's action of reducing the received child support, and it could not be concluded that the payor's actions were the result of apparent or implied authority or that there was a princi... Read >
Author: David Siegel28th January 2008
According to the Federal trade Commission there was an estimated half million children who joined the ranks last year with the unfortunate distinction of becoming victims of identity theft. An advocacy group called the Identity Theft Resource Center iden... Read >
Author: Ronald Hudkins09th November 2007
Like lawyers, real estate agents and realty companies have had many jokes made and told about them due to the shady reputation many of their number have earned for the industry. Nowadays, selling your home to these people may seem like entering a den of l... Read >
Author: nocredit1117th May 2007
There are numerous ways to slash your taxes. A savvy Internet business owner recognizes that these tax saving strategies can add up to thousands of dollars.
First, let’s take a look at two ways in which you can structure your Internet business. S... Read >
Author: Matt Bacak15th January 2007
Begin by building your documentation system. There are more than 300 tax deductions available to small business owners. By converting many of your personal expenses into legitimate business deductions, you can have a HUGE impact on you financial well bein... Read >
Author: Drew Miles08th January 2007
The enactment of Nanci Pelosi’s first hundred hours has begun, and house democrats are searching for ways to fulfill her goal of lowering the price of prescription medication for seniors using Medicare.
Next week democrats will try to use huge purc... Read >
Author: Greg Edwards15th December 2006
In a toxic tort case the burden of proof is always on the claimant. You have to help your client prove that the exposure to the toxin is the cause of the claimed condition. It is the Certified Legal Nurse Consultant's (CLNC's) responsibility to report the... Read >
Author: Jane Rouse17th November 2006
It's Extremely Difficult for Anyone to Pierce Your Nevada State Corporate Veil
First, what exactly does "piercing the corporate veil" mean? When you form a corporation, whether it's in Nevada, California, Texas or wherever, you must follow certain corp... Read >
Author: John Hinkle23rd October 2006
One of the basic requirements of filing a Fiancé Visa (K-1) on behalf of your fiancé is that you both have met in person within the past two years.
One of the misnomers of the term “Mail Order Bride” is that you can’t just order your bride from... Read >
Author: John Kunkle31st August 2006
DNA paternity testing has been a virtual godsend for many fathers or potential fathers over the years, and a curse for others. While once in the realm of science fiction, it is now possible to prove conclusively, one way or the other, if a man is indeed t... Read >
Author: Christy Berger29th June 2006
Why was my Travel Visa denied and what can I do now?
Hearing a consular officer say, "Your application for a temporary travel visa is denied. You are not qualified under Section 214(b) of the Immigration and Nationality Act," can cause great disappoin... Read >
Author: Maaury D. Beaulier26th June 2006
In the case of Chouafi v London United Busways Ltd [2005], the claimant was employed as a bus driver by the defendant company. In October 2003, he was diagnosed with severe depression and was signed off work until February 2004. He was dismissed in Januar... Read >
Author: Dr Rosanna Cooper07th June 2006
Jury Instructions
Jury instructions are the judge's directions to the jury before it begins deliberations regarding the factual questions it must answer and the legal rules that it must apply. Although the court has discretion to give instructions a... Read >
Author: Darren Kavinoky07th June 2006
Who has burden in DMV Hearings
The DMV has the burden of proof in the Administrative Per Se (APS) hearing. The burden of proof is that there is more evidence weighted towards driving under the influence of alcohol than not. State law has mandated tha... Read >
Author: Darren Kavinoky07th June 2006
"Davenport" Issues at DMV Hearings
The Davenport case holds that the arresting officer's written statement is sufficient to support the DMV's suspension of the defendant's driver's license. The Davenport court held that the officer has a duty to admin... Read >
Author: Darren Kavinoky07th June 2006
How does Evidence Code Sec. 664 apply to DMV Hearings
California Evidence Code Section 664 shifts the burden of proof to the DMV licensee to establish the nonexistence of one, or more, of the foundational requirements with regard to the police officer'... Read >
Author: Darren Kavinoky07th June 2006
Standard of proof in DMV Hearings
The standard of proof at DMV hearings is the preponderance of the evidence standard. This level of proof is required in most civil cases, which DMV hearings can be likened to, as opposed to the criminal court trial wher... Read >
Author: Darren Kavinoky03rd May 2006
One of the biggest issues you will run across during IT Audits is software licensing. If you find any such issues during IT audits, note them in your report. You might want to say something like: "These are deficiencies that I have found. Do you have the... Read >
Author: Computer Consulting Kit Home Study Course20th April 2006
There are three main areas we need to keep in mind as the year ends:
1. Taxes
2. Corporate formalities
3. Planning for next year
The power of documentationshifting the burden of proof
For those who have an LLC (opposed to a sole proprietorship, ... Read >
Author: Drew Miles01st April 2006
People who go through the bother and expense of entering into prenuptial agreements, sign the agreement with the expectation that the agreement will be enforceable and will give them the future protection that they seek. Fundamentally, we are talking abou... Read >
Author: FR Penn14th February 2006
A spiritual atheist? Perhaps it's a strange concept if you only think spirituality has to mean a belief in a god. Do the two have to be related? Many people think of the historical Buddha as a spiritual person, but most don't know that he never expressed ... Read >
Author: Steve Gillman13th December 2004
Finally New Spam Prevention Product that Works!
Businesses and consumers are drowning in a never-ending deluge of Spam (junk mail) according to reports just released by Quris, Inc. Spam has increased 450% from June of 2001 to now. Furthermore, 70%... Read >
Author: Lee Traupel
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