3 Approaches To Know You've Picked The Proper Lawyer It's pretty intimidating to endure the court system, particularly if lack confidence in your legal team. Listed below are three important ways to know that you've hired the best lawyer: 1. They Focus On Your Form Of Case Legislation is usually tricky and therefore requires specialists to tackle the tough cases. When you want an attorney, look for individual who relates to the challenge you're facing. Regardless of whether a relative or friend recommends you employ a company they are fully aware, if they don't have got a focus that's much like your case, keep looking. Whenever your attorney is surely an expert, especially in the difficulty you're facing, you understand you've hired the correct one. 2. The Lawyer Includes A Winning Record Depending on the circumstances, it might be challenging to win a case, particularly if the team helping you has virtually no experience. Try to find practices that have won numerous cases that pertain to yours. Even though this is no guarantee which you case will likely be won, it will give you a much better shot. 3. They Listen And Respond In the event the attorney you've chosen takes the time to hear your concerns and reply to your inquiries, you've probably hired the right choice. Regardless of how busy these are or how small your concerns seem off their perspective, it's essential that they react to you in the caring and timely manner. From the purpose of view of a regular citizen who isn't knowledgeable about the judicial system, court cases may be pretty scary you will need updates as well as feel as if you're portion of the solution. Some attorneys are simply more suitable to you and your case than others. Be sure you've hired the most suitable team to your circumstances, to actually can place the matter behind you as fast as possible. Faith inside your legal representative is the first step to winning any case.
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Question About Lonestar Legal Aid?
I Am Low Income And Need To Take Legal Action.What Services Do Lonestar Legal Aid In Texas Offer?Is It Affordable For Low Income People?
Lonestar Legal Aid is one of 3 legal aid services in Texas. Lonestar serves mainly east Texas.
They handle only civil law cases, they are probibited from taking fee generating cases or criminal cases.
You basically apply for their services, they will verify you qualify based on your income, and then within a few weeks they will determine wether or not to take your case. Legal Aid services get hundreds of applications a week and just do not have the resources to help everyone.
Lone Star Legal Aid is at www.lonestarlegal.org they should have monthly clinics throughout the counties they serve.
Business Law Question On Due Process..Please Help!?
11. A Law Is Passed That Bans “The Wearing Of Such Outlandish Clothing That It Causes A Public Distraction.” Most Likely, This Law Would Be Challenged On The Basis Of:
A. Substantive Due Process
B. Procedural Due Process
C. Commerce Clause
D. Equal Protection
I Think The Answer Is Either A Or D..
A, Because Substantive Due Process Says That Law Should Be Clear And Not Overly Broad..
Or D, Because It Says That Everyone Should Be Protected Equally..
Im Confused, Please Help!
Due process says that law should be clear and not overly broad
The 14th Amendment has several clauses which are applied in different ways
Under substantive due process it is:
"No State shall deprive a citizen of LIBERTY without due process of law."
The emphasis is on liberty. When a law interferes with a FUNDAMENTAL RIGHT, the government must demonstrate the purpose of the law and how the law is tailored to achieving that purpose. Some rights are so fundamental that only a COMPELLING STATE INTEREST NARROWLY TAILORED to achieving that interest will survive. This is called STRICT SCRUTINY. Strict scrutiny is STRICT IN THEORY FATAL IN FACT, which means that it will almost never survive. e.g. a law that restricts someone's right to vote.
Procedural due process is
"No STATE shall DEPRIVE a citizen of LIFE, LIBERTY OR PROPERTY without DUE PROCESS OF LAW.
First it must be a state or government action. If the actor is a private company, there is no Procedural due process claim. Next there must be a deprivation, which means that some sort of entitlement must be taken away. If one was not entitled to it to begin with, there is no violation. Next it must be a deprivation of life or limb, liberty, or property or property interest. Finally, insufficient process to challenge the deprivation must have occured. e.g. A welfare board determines that a family no longer qualifies for section 8 housing and evicts them from their home without warning.
The Commerce clause does not deal with the 14th amendment, but Article I of the Constitution. It give congress the power to regulate commerce between the many states. In this case it is the Federal government, and the action must affect commerce between the states or have an AGGREGATE EFFECT on commerce. e.g. cultivation of marijuanna for medical use affects illicit marijuanna use throughout the country. Additionally, a state cannot pass laws which SUBSTANTIALLY INTERFERE WITH INTERSTATE COMMERCE. This is known as the dormant commerce clause.
Equal Protection is
"No State shall deprive a citizen...of EQUAL PROTECTION OF THE LAWS." In this case, there is a classification of two distinct groups which are SIMILARLY SITUATED. One is disadvantaged. Again, a state or the federal government must demonstrate the purpose of the law and how that law is tailored to achieving that end. First, you must ask, does the law make a classification? If so, is that classification based on gender, race, ethnicity, national origin, status as an illegitimate child, or alien? When the classification is based on one of the above except gender, the government must show that the classification was based on a COMPELLING STATE INTEREST NARROWLY TAILORED TO ACHIEVING THAT INTEREST. Once again this is strict in theory and fatal in fact. Classifications based on race, for instance will almost always fail. e.g. segregating inmates in a prison according to race because of racial gangs. When the classification is based on gender the law must be based on AN IMPORTANT GOVERMENT INTEREST CLOSELY TAILORED TO ACHIEVING THAT INTEREST. This is intermediate scrutiny. Otherwise, the law must be RATIONALLY RELATED TO ACHIEVING A LEGITIMATE GOVERNMENT INTEREST, which is not very hard to demonstrate, but such laws can be struck down if they are based on animus towards a group. e.g. laws that prohibit the mentally handicapped from living in a residential housing zone for no good reason would not face muster.
To answer your question:
In approaching your question, you must look to see Is there a classification? That might be people who wear outlandish clothing vs. other people. The classification is not based on gender, race or ethnicity, so not much of a challenge under equal protection. Does the law involve a fundamental right? To dress as you wish is a freedom of expression, so this could involve the 1st Amendment. It could be substantive due process, but the speech does not appear to be protected. If the clothing's purpose was political, religious, or aritistic, it may be better. Does the action affect interstate commerce? It could affect retailers of outlandishing clothing because no one would like to buy the clothing if it is illegal. Because this deals with commerce more directly, it is probably not a good challenge. Is this a State action that deprives a person of property without due process? It is a law, so it is state action, and it deprives a person of their ability to use their property. The vagueness of what "outlandish" clothing means could implicate due process. Part of due process is that you know how the laws will affect you a head of time. When the law is overly broad, it has a CHILLING EFFECT on legal behavior, because no one wants to get arrested.
If you think that a freedom of expression is implicated here, then it is (a). If you think that people are being deprived of their property rights to wear outlandish clothing, then it is (b). For this reason, (a) is a stronger answer I believe. Good attorneys would sue under a, b, and d.
Legal Custody Advice?
If Someones Parents And That Person Have Joint Legal Custody And That Person Has Visitation Rights As Both Parties Agree. Do The Parents Have The Right To &Quot;Tell&Quot; Them They Only Can See Their Child Once A Week For 30 Minutes? Is That Legal? It Says In Their Paper Work &Quot;Joint Legal Custody With The Parties- To The Grandparents And To This Person- Primary Physical Custody To The Grandparents And Visitation As The Parties May Agree.&Quot; Im Confused Because There Is Nothing In The Paperwork Stating That The Visitation Had A Time Limit And That It Only Has To Be For One Day A Week. If The Other &Quot;Party&Quot;/ Person Doesn'T Agree With That Can'T That Be Brought Before A Judge? I Need Some Legal Advice From Someone That'S Familiar With The System For My Good Friend.
The key phrase in your question is "as the parties may agree." Apparently the grandparents are unilaterally deciding that 30 minutes once a week is what they want. That seems to lack the "may agree" stamp of approval. That's the bad part. The good part is that the parent can go back to the court and ask for a modification of the custody order to specify something else.
Comment: This "may agree" order seems fraught with problems. Custody is always emotional, and that leads to problems. The court should know that vague phrases make for poor orders. Did the court genuinely believe that grandparents would find the other parent a good thing? There's more going on here than you stated. Grandparents don't get custody unless something else is going on. One parent is incarcerated? Missing?
Your good friend needs to contact the family court that issued that order and request a modification of the order. Frequently, custody orders get down to the hour- "Six PM on Friday until three PM Sunday afternoon." And there are also agreements about holidays, birthdays, vacations, etc. Children are the family court footballs in divorces. Everyone agrees on how to split the bank accounts and who gets which car. But no one every is happy with custody. First step, get to the family court. ... Good luck!!
Mccann'S Do 12 Months To Clear Their Name?
Why If The Mccann'S Have Top Lawyers Including Extradition, Millionaire Backers, And Support Of The British Media - Doesnt One Of Them Speak Out About What Happened To Prove Their Innocence Risking The 12 Prison Sentence? This Would Be A Noble Act To Clear Their Names And Probably Impossible To Imprison Them As They Are Allegedly Innocent???
Having top lawyers, millionaire backers and media support doesn't change the law. They haven't exactly done themselves any favours so far, so why land themselves in jail? What about the twins? It wouldn't be noble, it would be stupid. If they are innocent, then they will be cleared by the PJ, and they shouldn't feel the need to shove their press releases down our throats every couple of days. Innocent people should not be worrying about public opinion, because they would know they would be proved innocent sooner or later. They should concentrate on finding their daughter, because if she is found alive, then their innocence is effectively proven anyway. Getting themselves slung in jail is not going to help them find Madeleine, and if they have any common sense (!) they will keep quiet until they can legally speak on the case.
Free Legal Advice? Illustration And Graphic Design?
I Posted An Ad To Hire An Artist For A Mascot Based On A Compilation Of Images Provided By Me Along With A Detailed Description. One Applicant Attached A Sample Of What They Can Do. It Was A Rough Sketch. I Loved The Sample Art However Their Pricing And Expectations Were Not Reasonable. Since This Sample Art Was Provided To Me Free Of Charge With No Expectations, Is It Illegal To Have A Mascot Created In A Very Similar Style? I Would Think Not, But I Wanted To Be Safe. Should I Offer The Artist Credit For 'Concept Art?' Thanks.
Nobody here is giving any "legal advice", free or otherwise...
Short answer: that would be illegal, not to mention unethical.
The laws for what you're describing are pretty clear: the person who created the original work owns the copyright, which includes the exclusive right to make copies, publish or distribute them, adapt them, or to display or perform them in public. Copyright is free and automatic and does not require © markings or registration.
That said, the applicant owns the copyright of the art he or she sent to you. If you were to "adapt" it from a sketch into a 3-D mascot, that would be a copyright infringement.
They would only "own" the parts that they created, so someone else would still own the copyright of the compilation of images you provided, as well as copyright on each individual image.
The basic rule on any copy that was given to you (of anything copyrighted) is that your possession of the copy has NOTHING to do with ownership of the copyright. Even if it is a unique artwork, like a stone sculpture, your acquisition of the only existing "copy" (chiseled in stone) would give you no particular right to have a copy made, because the original artist still owns the copyright on the creative work.
In The State Of Maryland If A Child Is In A Car Accident And Is Awarded Personal Injury Claim Can The Parents Use Some Of The $ 2 Buy A Home?
Yes. But I'd think they may want to put the child's name on the title, just to show they aren't converting it.