Legal Bugle

Civil laws are usually contrasted with common laws. The laws are not based on the opinions of judges, as how common laws are determined, should be written in black and white and should be published before the laws can be applied to the people. This is the primary feature of civil laws because they are intended to avoid discretionary and insular justice that can happen. Most of the time, civil laws are codified or organized into a collection. Also, the source of law is the legal code.

Civil laws are non-criminal laws such as commercial laws, property laws, administrative laws, and the governing procedure for civil cases. The laws also deal with the citizen’s rights in all aspects. Basically, civil law provides accessibility of citizens to the collection of laws applicable to them.

It is also considered that civil laws are the oldest legal system that survives in today’s time and the most prevalent among all the legal systems in the world. Some of the countries that use civil laws are France, Belgium, Luxembourg, Germany, Austria, Portugal, Denmark, Finland, and Sweden. As for the United States, there are only three jurisdictions that use this kind of law: Louisiana, Puerto Rico, and Guam. These three jurisdictions don’t have pure civil laws but a mixture of civil and common laws.

There is a big difference between the common law legal system and the civil law legal system. Common law is the legal system that is based on the opinions of judges or based on the past court decisions. On the other hand, in civil law, the legislature is the one that creates the laws. The laws should be written in ink and should be published first before any one law becomes effective. In civil law, the published laws are arranged according to subject matter. This process is called the codification which is not a usual process in common law.

The process of codification started during the 18th century and originated in the Code of Hammurabi in Babylon. It was further developed to express the natural law and the Enlightenment ideas. This is the reason why some of the political ideas existed, usually a mix of different policies and ideologies.

The entire body of the systematic arrangement of laws or statutes is called the “code.” Codification makes it easy for authorities to find a reference for certain cases. There are times that the codes are revised and sometimes new codes are created. In this instance, the statutes and the laws that are in place prior to the codification will be superseded by the code.

Administrative law may be one of the easiest to understand when it comes to the field of laws. Generally, administrative law is considered a branch of public law that governs and regulates government decisions and activities to really serve its purpose in the country. It also regulates the powers, procedures, and acts of administration. Administrative law is applied directly to public officials and agencies. Administrative law also deals with the decisions of administrative units of government when it comes to the national regulatory scheme like police law, taxation, immigration, and international trade.

The laws involve the rules, regulations, and procedures for administrative bodies when it comes to licenses, permits, hearings, appeals, investigation and releasing of available information for the public. They are usually not included in statutes so a clear black and white is needed for these regulations including the roles and duties of the administrative agencies.

In cases where the tenets of the administrative law are not followed by administrative tribunals or authority, there will be remedies depending on the weight of the wrongful decision.

Under the administrative law, administrative bodies have the right to review the decisions of semi-private entities regarding the rights of particular group of people or individual. Examples of these semi-private entities are disciplinary boards and nonprofit corporations.

For certain industries, surety bonds give businesses a competitive edge over competitors. But in several fields, businesses have to purchase surety bonds to receive a business license. Consumers and businesses should know when bonds are legal obligations so that goods and services are lawfully provided.

Surety bonds are three-party agreements that give customers peace of mind. Businesses, such as car dealerships, private contractors and janitorial services, buy the bonds from insurance or surety companies.
The surety guarantees financial recompense to consumers if the hired business fails to perform according to contractual agreements, or acts unethically. States and local governments nationwide often require businesses to buy a surety bond, thus protecting consumers.

For example, a mortgage broker in California must post a California surety bond. The amount of the bond depends on the average loan volume the broker handles each year, but runs between $10,000 and $50,000. If the broker acts dishonestly, the consumer is protected by the bond. Some of those unethical acts include coercing buyers into high-risk loans, charging additional fees, and telling buyers to act fraudulently during the application process.

When the broker commits a wrongful act, the customer can file a claim against the bond. If the surety validates the claim, the customer is compensated for any losses by the broker. However, the surety covers the repayment if the broker cannot afford to do so.

But surety bonds are not confined to California and the USA. Performance bonds are common to the Western world, South America, Japan and Korea. Contractors who win project bids buy these bonds.

By buying the bond, the contractor is responsible for every contractual agreement. If it fails to live up to the contract or simply bails on the project, the hiring party has the right to file a claim.

In Australia and the United Kingdom, companies have to buy license bonds in certain industries. Similar to license bonds in the US, businesses are required by law to purchase a bond. Otherwise, the businesses cannot legally operate.

Worldwide, governments make surety bonds a requirement just to license businesses in particular fields. These mandates protect consumers from financial and legal burdens at the hands of unfair businesses.

This article is written by a guest author. The views expressed in this article are the views of the guest author. This blog may or may not hold the same views.

Kevin Kaiser is a principal for SuretyBonds.com, the nationwide leader in surety bonds, where he has started the Surety Bond Education Program to inform all people about the uses of surety bonds.

The thought of having to hire a criminal defense attorney can be overwhelming. This brief guide will start you on the road to finding the criminal lawyer best suited to your needs.

What does it cost to hire a defense attorney?
The only way to discover how much a criminal lawyer charges is to meet with them in person. Schedule an initial consultation where the lawyer will learn the facts of your case. The attorney may charge you for the initial consultation; ask whether they will credit this on the bill if you decide to retain their services. It is okay to negotiate with any prospective attorney. Depending on your preference and the amount think you can afford to hire a criminal attorney, ask about flat-fee, incremental or maximum fee rates.

Where to find an attorney?
The best way to find an attorney is to talk to people you know and trust – family, friends, and colleagues. Even if the lawyer you’re referred to can’t handle your case, it is likely, after understanding the particulars of your case, they will be able to refer you to a defense attorney who can represent you.

And ask questions:

• Have you ever been suspended from practicing law?
• What were the outcomes of past cases similar to mine?
• Who will work on my case with you?
• What’s the estimated time frame for case resolution?
• How will you keep me informed of progress on my case?
• How quickly do you return phone calls and emails; how can I reach you after normal business hours?

Last, and perhaps most importantly, be sure to ask for a written agreement. Doing so guarantees that your rights are protected and you need not sign such an agreement on the spot. Read through it carefully. If you’re unsure about something, ask questions.

Good luck in your search.

This article is written by a guest author, Billy Skinner. The views expressed in this article are the views of the guest author. This blog may or may not hold the same views.

Billy Skinner is a criminal lawyer in Houston that represents clients charged with misdemeanor and felony offenses. To visit his criminal law blog or learn more about his areas of practice, go to http://www.billyskinnerlaw.com.

The majority of consumers in the workforce today are unaware of several of the labor laws available for their protection. This is mainly because these labor laws are not taught in public schools, nor are they usually discussed during the initial job training session. While federal law states that all employers must post posters regarding their workers’ rights, not everyone takes the time to read these posters and discover the protection they are offered regarding labor and employment laws. That being the case, I’ve taken some time to gather together some labor laws that many employees may know nothing of.

First, it’s important to recognize the difference between state and federal labor laws. Federal labor laws apply to all states while state labor laws may differ from state to state. Therefore, if you would like specific legal advice for the state of Texas, it would be wise to get a hold of a Houston labor attorney to discuss with you the protection provided by the state. If you are interested in learning the federal labor laws, a Houston labor lawyer would still be able to help as the federal labor laws applies the same to all states.

Since it is very likely that many people reading this post are from varying states, I’m going to concentrate on federal labor laws. The first law is one that everyone is entitled to know but not everyone is aware of. It’s The Family and Medical Leave Act of 1993. While this act is becoming more and more well-known, not everyone has heard about it. It’s an important law because it protects the rights of employees to have as many as 12 weeks of medical leave each year without jeopardizing their position or group health benefits in case of a family medical situation.

Something else that every worker has the right to know about is The Fair Labor Standards Act of 1938. As its name suggests, it has been around quite a while but again, not everyone is aware of the protection it offers. This specific law handles the regulated pay requirements regarding minimum wage, overtime pay, equal pay and child labor. What is incredibly useful about this law is that it protects the rights of workers who report any employer that is in violation with this act. Indeed, it is definitely a useful law and one that everyone should know about.

Other labor laws that every employee should be made aware of would include the discrimination laws-many of which can be found in the Civil Rights Act of 1964. Over the years, there have been several additions to the discrimination laws. While there are quite a few different discrimination laws, they basically prevent employers from discriminating against anyone who is employed or looking to be employed based on several specific factors. For instance, it is illegal for employers to discriminate against anyone because of their national origin, race, age, religion, disability, gender or genetics.

The fact of the matter is that there are several laws out there, both state and federal, that can protect employees against all different kinds of situations. If there is a condition at your place of work that you find unfair or that makes you feel uncomfortable, consult your legal professional about it. Chances are there are some protective labor laws that may solve any issues that both you may be dealing with.

This article is written by a guest author, Ryan Chaffin. The views expressed in this article are the views of the guest author. This blog may or may not hold the same views.

You may have heard that health care reform is nothing more than a democratic agenda to socialize our current medical system, or that taxpayers will take the brunt of creating coverage for millions of uninsured Americans, or that people who are already insured will see a rise in premiums as a result of previously covered participants jumping ship to capitalize on the “public” option. Most of this is idle speculation and political chatter (with perhaps a kernel of truth at the core), but with the passage of health care reform finalized (and not looking to be overturned), you may be interested to know for certain what is on the horizon.

For starters, it’s not going to happen all at once. The first part of the plan will see somewhere in the neighborhood of one million currently uninsured Americans taking advantage of health care starting in 2011 (some for the first time) in an effort to reverse some of the damage our current economy has wrought on the job market (unemployment leads to loss of insurance in most cases). It’s not much, but it’s certainly a start, especially considering the ongoing recession. In the following years (the plan seems to be slated for expansion at least through 2014), this legislation will strive to offer health benefits to nearly 30 million people who currently have no medical coverage, as well as improve the policies of over 100 million others who are already insured.

But who, specifically, will benefit from these massive changes? One group that will realize a second chance at benefits (and life, in some cases) includes those who are unable to obtain coverage. Eventually, pre-existing conditions that halted many people from acquiring medical insurance will be a thing of the past as companies will necessarily accept anyone who applies for coverage. And a ban on lifetime limits means that those who have currently exhausted their coverage will be able to start again. Then there are minors who rely on their parents for coverage. Benefits for children covered by their parents’ insurance will be extended up to the age of 26 (not to mention, kids with medical conditions who were previously excluded from coverage will now be able to receive healthcare). In this way, the reforms will not only help those who are unable to purchase insurance (whatever the reason), but also those who already have it, making the system seem a lot more fair.

So the question you’re probably asking is: who’s going to pay for it? Well, to some extent, everyone. Employers who provide medical benefits may see an increase of only a couple of percentage points over the next few years, while others expect greater increases (tax credits presented in an effort to curb the drop-off of small businesses offering benefits have performed admirably). Taxpayers may also see a slight increase (although the amount is undisclosed at this point). And the people who take advantage of these new programs will also be expected to bear some of the cost, even if it is only minimal.

However, the benefits of this reform may outweigh the expenditures in the long run. There’s a good chance that initial costs will be nullified over time due to the fact that preventive care (and emergency coverage) will to some extent eliminate exorbitant costs that are currently sapping government resources and hospitals alike. Better coverage for more Americans means healthier citizens that need less care. And that’s something that we can all feel good about supporting (especially if it ends up saving the taxpayers money).

This article is written by a guest author. The views expressed in this article are the views of the guest author. This blog may or may not hold the same views.

Kyle Simpson writes for Medical Coding Certification where you can find more information about a career and training in the medical field.

I must tell you that I have heard the word “bankruptcy” just too much for my comfort. Especially since this whole global economic meltdown thing happened.

While no one wants to get into legal issues, much less litigation, there will still be occasions when one has no choice but to declare bankruptcy. So, if you find yourself in a desperate situation, do not hesitate from getting some legal help.

Today, I want to list another website that I came across. This one is for Oregon Bankruptcy Lawyers. Though I have heard the expression many times, reading “There is light at the end of the tunnel” on this website of bankruptcy lawyers did give me a feeling of comfort.

As with all the other websites that I like to in this blog, I have not used the services of this law firm. Nor do I have any other means of getting first hand experience with them. But if their website is anything to go by, I would surely consider them if I were in Oregon and headed for bankruptcy.

Regardless of whether you are seeking a Chapter 7 bankruptcy, a Chapter 13 bankruptcy, or a reaffirmation agreement, you should contact this law firm and have them guide you.

Bankruptcy can and will be difficult. But do not make it any more difficult than it has to be. Seek the help of professionals who know what they are doing.

If you are looking at a career with the legal system, you need to start early as becoming a lawyer requires 7 years of study and passing the bar exam. This comprises of four years of undergraduate college after high school and three years of law study. And unless you pass the bar examination after law school, you’ll not be a certified law practitioner. Also, different states have different norms set up to admit a pupil to their bar practice, which implies that you might have to take multiple tests if you want to practice law in more than one state.

Although one can choose the kind of law practice they want to pursue, namely criminal lawyers; legal representatives for individuals, corporate firms, families; state attorneys, etc., there are no major or minor subjects to choose from as such in the duration of the course.

As is the case with every field, getting into a good law school provides a firm foundation for a successful career in the legal field. The American Bar Association (ABA) requires all law students to clear the Law School Admission Test (LSAT) before joining any ABA accredited law school. If you do not manage to do that, you can still get into the state accredited law schools. Apart from good grades in undergraduate study one is also required to demonstrate good analytical skills, quick thinking, good public speaking skills, sound logical sense and writing skills and the aptitude to be a lawyer. Most schools take all these factors into consideration in addition to the LSAT scores. Also, apart from clearing the bar examination one would have to pass a test on ethics to be admitted into bar practice.

Being a representative of the legal system is a strenuous career with constant research, study, and more of hours of work than other professional careers. Once you clear the bar examination, you are awarded a professional degree called the juris Doctor (J.D.).

The Kline Law Offices is a firm which provides people with assistance during injury. At some time or another, at some place or another, you might need the service of injury lawyers. Portland is no different. From visiting the site that I just linked to, I get the feeling that this firm is focused on obtaining justice for people who have suffered injury.

And it could be any kind of injury. It could be about car accidents, drunk drivers, negligence of injuries. In addition, the erudition of this law firm is clearly demonstrated by the fact that it has highly insightful articles. I was quite impressed by their article about bicycle accidents and the one about pedestrian accidents.

Instead of linking to the homepage, I have lined to their page which lists the areas of practice. I find that the list of areas of practice is a good determinant of whether one should choose a particular law firm.

The range is quite a lot, though focused around injury. I am not about to list all their areas of practice. For that you will have to follow the link I gave you. But suffice it to say that they seem quite strong in areas related to Car Accidents, even Uninsured Motorist Claims. They can also help you with NEGLIGENCE cases such as those dealing with Construction Accidents or Firearms Accidents. And then again, cases of injury, be it Wrongful Death, Brain Injury, or some other are right up their alley.