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<title>Latest Legal Articles</title>
<link>http://www.betterlifeadvice.com/</link>
<description>Articles at BetterLifeAdvice</description>
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<title>10 ways to identify if your lawyer is right for you</title>
<link>http://www.betterlifeadvice.com/education-reference/legal/10-ways-to-identify-if-your-lawyer-is-right-for-you.html</link>
<guid>http://www.betterlifeadvice.com/education-reference/legal/10-ways-to-identify-if-your-lawyer-is-right-for-you.html</guid>
<pubDate>Wed, 09 Dec 2009 10:45:56 -0800</pubDate>
<description><![CDATA[ An ideal lawyer will not just have a string of impressive credentials or gold lettering on his door. He or she will be caring, concerned, and devoted to their work. You need to think carefully before laying your trust in a lawyer after all in some cases your life, future, money or property will be in his hands.

Apart from doing extensive research to short list possible lawyers you must ensure that there is not conflict of interest, that you understand everything the retainer agreement states, and that you have checked the references and details regarding the practice.

You will know the lawyer you have chosen is the perfect one if:

1.	He makes an effort to spend time to understand your case himself. He will not assign a legal assistant to take facts of the case down.

2.	From experience and knowledge he will know what is relevant and what is not. He will set aside and ignore irrelevant facts, opinions, and personal emotions that cloud the case on hand.

3.	He will insist that the footwork for the case be done thoroughly. All facts must be checked for accuracy and solid arguments jotted down with backing of earlier rulings.

4.	He will not just focus on the problem at hand but examine the problem from all sides. This will create a complete picture highlighting all factors of relevance and the different ways one can approach the case.

5.	He will use his foresight and anticipate moves by the opposition or opinions of the jury or judge and plan way ahead. Like a master chess player he will plan the case not by the day but by many hearings ahead.

6.	He will not waste time beating around the bush or create verbose statements—many words strung together which look impressive but mean nothing. He will insist that the case and its arguments be clearly stated.

7.	He will be self-disciplined, thorough, and self confident. Courteous at all times he will respect you as well as all the staff who work for him.

8.	He is recommended by not just his friends and relatives but by other professionals of good standing and from his field.

9.	He will not just present to you his victories but be happy to tell you why and how he lost certain cases.

10.	He will lay the cards on the table and tell you clearly whether your case stands to win or loose. He will not claim that winning is guaranteed. He will be honest and upfront about his opinions and advice.

The bottom line is that the lawyer must be worthy of your trust. Use your inborn instincts and don’t go by the lawyer’s good looks or fancy car or office. After all it is competence in law and in court that is of essence to you. ]]></description>
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<title>8 Types of Personal Injury Accidents</title>
<link>http://www.betterlifeadvice.com/education-reference/legal/8-types-of-personal-injury-accidents.html</link>
<guid>http://www.betterlifeadvice.com/education-reference/legal/8-types-of-personal-injury-accidents.html</guid>
<pubDate>Wed, 09 Dec 2009 10:37:56 -0800</pubDate>
<description><![CDATA[ If you have suffered bodily injury such as a broken bone, cut or bruise due to the negligent acts of another, you may have a personal injury claim. You are entitled to bring a personal injury lawsuit against the negligent party for monetary compensation for your losses. 

By far the most common types of personal injury claims are due to automobile accidents. Other types of accidents that can result in personal injury include:

Automobile accidents
<a href=http://www.maliselawfirm.com/><b>Trucking accidents</a></b>
<a href=http://www.maliselawfirm.com/><b>Motorcycle accidents</a></b>
Bus accidents
Defective vehicles
<a href=http://www.maliselawfirm.com/><b>Wrongful death</a></b>
Animal bites
Slip and Fall

More than one person may be responsible for your injuries. Depending upon the circumstances of your accident, an employer of the negligent party may be responsible as well if the person was on the clock at the time of the accident. It is a good idea to contact an experienced <a href=http://www.maliselawfirm.com/><b>San Antonio Personal Injury attorney</a></b>to make sure you get the compensation you deserve for your injuries and pain and suffering. ]]></description>
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<title>Accident Injury Claims Done Right</title>
<link>http://www.betterlifeadvice.com/education-reference/legal/accident-injury-claims-done-right.html</link>
<guid>http://www.betterlifeadvice.com/education-reference/legal/accident-injury-claims-done-right.html</guid>
<pubDate>Wed, 09 Dec 2009 10:29:56 -0800</pubDate>
<description><![CDATA[ When dealing with a car accident, finding and hiring a qualified attorney can help you a great deal.  They will help ease your mind through dealing with all the legal aspects of your situation while you focus on coping with the pain and suffering of such a traumatic event.  There are lawyers out there ready and willing to make sure that you are compensated for being hurt in a situation that you may not have had any control over.  

Never hesitate after an accident when seeking medical and legal help.  Many people don’t know until much later that they even have an injury after a car accident.  They are usually so scared and rattled that if they feel okay enough, they go home and sleep it off and try to reestablish normal activities the next day.  Or, if they are in pain, they might seek the advice of family and friends who may tell them not to worry, that it is just neck pain and it will go away with time.  This is all really bad advice.  There could be internal injuries that over time could become major or even life threatening problems. 
 
A very serious problem that is often overlooked is an internal head injury.  Just because a car crash victims head is not bleeding, does not mean that they are okay.  Closed head injuries often occur some time after the accident and can go unnoticed and often occur when a car crash victim’s head is sudden thrust into a hard surface (steering wheel, dashboard, back of the front seat) at rapid speeds.  These types of injuries often do not penetrate the skull and can be overlooked at first.  These types of collisions result in internal injuries within the brain.  

Even whiplash can cause a closed head injury.  Other types of closed head injuries include bleeding from the head or face, confusion, lethargy, loss of hearing or fluid drainage from the nose or ears. 

Another, more traumatic injury caused by car accidents is permanent or temporary paralysis.  Paralysis occurs when the vital nerves that control various body parts are damaged or severed.  This happens when there is a traumatic impact to the neck or spinal cord resulting in parts of the body not being able to retain the same mobility or sensations that they once had.  

When paralysis occurs, it can be an extremely difficult time for the victim and his/her family.  They are faced with life long challenges and may need constant round-the-clock care for the rest of their lives.  Temporary paralysis occurs when a nerve is pinched or inflamed.  In any case, seek help quickly. Don’t hesitate.  You may be entitled to seek compensation for your injuries.  It is important that you contact a qualified car accident attorney today and get a case review. ]]></description>
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<title>Advice on Claiming Compensation for Accidents at Work</title>
<link>http://www.betterlifeadvice.com/education-reference/legal/advice-on-claiming-compensation-for-accidents-at-work.html</link>
<guid>http://www.betterlifeadvice.com/education-reference/legal/advice-on-claiming-compensation-for-accidents-at-work.html</guid>
<pubDate>Wed, 09 Dec 2009 10:21:56 -0800</pubDate>
<description><![CDATA[ ACCIDENT IN THE WORKPLACE 


If you are involved in an accident at work, it will be necessary for you to show that your injuries were caused by the negligence of your employer. Your employer is also responsible for the actions of work colleagues who cause accidents involving injury. Please remember that you have an obligation to make your employer aware of any accidents, which occur whilst at work. This information should be properly recorded in the Accident Book. Please note, your employer cannot terminate your employment if you make a claim for compensation. If you are in any doubt or concerned over this, we recommend that you consult us immediately.

If you are an employer, self-employed or in control of work premises you are required under RIDDOR to report some types of work-related accidents and accident at work, diseases and dangerous occurrences.

Reporting accident at work and ill health at work is a legal requirement under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995. The information gathered helps the Local Authority and the Health and Safety Executive (HSE) to identify where and how risks arise and to prevent reoccurrence and prevent further pain and suffering to employees.

You must report all of the following:

       A death 

       A major injury 

       An over-three-day injury (this is when an employee or self-employed person has an accident at work and is unable to work for over three days, but does not have a major injury); 

       A work-related disease 

       A dangerous occurrence 

       Where a member of the public is taken directly to hospital 

How Soon Do I Have To Report The Incident?

All time limits for reporting accident at work vary depending on the severity and the guide below should be followed.

       Where the accident has resulted in someone's death or a major injury we need to be notified immediately 

       Over 3-day injuries need to be reported within 10 days. 

       As soon as possible after the doctor diagnosis a work related disease. 

       Dangerous occurrences need to be reported immediately 


Have you suffered an accident at work? If so, you may well be able to claim compensation from your employer’s insurance company. 

Work injury can be defined as any accident at work that could have been avoided. And if the work injury were not your fault, you’re entitled to reasonable financial compensation. 

Our solicitors, who are all fully qualified members of The Law Society panel of personal injury experts.

We offer free advice on claims for accidents at work including: 

Exposure to avoidable health risks causing accidents at work 

Lack of safety equipment causing accidents at work 

Exposure to unnecessary hazards or health risk causing accidents at work 

Faulty machinery causing accidents at work

Poorly maintained machinery causing accident at work

Unsafe working conditions causing accidents at work 


If you would like more information on Claiming Compensation for Accidents at Work then please click here

*********************************************************************

If you need advice or would just like to speak to someone, please don’t hesitate to give Claims Master Group a call on 08000 71 22 71. 

The Personal Injury, Accident Claim, No Win No Fee, Accident At Work specialists. ]]></description>
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<title>Affidavits Are Also Affirmations</title>
<link>http://www.betterlifeadvice.com/education-reference/legal/affidavits-are-also-affirmations.html</link>
<guid>http://www.betterlifeadvice.com/education-reference/legal/affidavits-are-also-affirmations.html</guid>
<pubDate>Wed, 09 Dec 2009 10:13:56 -0800</pubDate>
<description><![CDATA[ The affidavit is a written version of sworn statement: a voluntary oath before a notary public, judge or commissioner of deed, all of whom are authorized to administer oaths.  Both the affiant and the authorized officer are required to sign the affidavit.

The affidavit is also a useful tool in rectifying inadvertently wrongful data.  

A simple example of an affidavit is the “Affidavit of Two Disinterested Persons” purposely to facilitate the correction of another person’s name.  These two (2) particular disinterested persons issuing the affidavit are usually older close acquaintances of the other person’s family. The affidavit they swear to will explicitly state that they both know that the person seeking the correction of name is one and the same as that person they know since childhood years, etc. etc.

The notarized affidavit then becomes a very important supporting document; usually as attachment to the correction of name or some other form, commonly used by government or private agencies expressly for the purpose of rectifying erroneous entry of persons’ names.

On the other hand, affidavits are collected and used in the preparation of lawsuits.  Preliminary legal proceedings necessitate that affidavits are completed before the filing of a legal action between two parties in a court of law.

A falsely prepared affidavit will result to perjury, which is a criminal offense and is punishable in court.  Severe punishment awaits those who dare tamper with facts and figures.  

Filing of affidavit should be factual and truthful.  People, places and circumstances or events should be accurate contents of an affidavit. The affidavit based on prefabrications is incriminating and will hold the affiant vulnerable to a counter lawsuit by the opposite party.  

Affidavits should always be regarded with care and caution. A notarized affidavit is not something to brandish about or to be used as tool to destroy your enemy – perceived or otherwise. 

The affidavit speaks for a person and of a person.  Depending on the motives by which an affidavit is presented, affidavits can either be moral or immoral.  Affidavits can be good or bad.  

Affidavits, however legalese it can get, is also an affirmation of a person’s being. An affidavit can actually bares one’s soul for the world to know – better or worse. 

The use and abuse of affidavits is common.  Affidavits can make or break anyone.  Affidavits can build or ruin an empire.  Why?  Affidavits spin off court litigations, small or great. Affidavit could be that minute cog of the big machine of justice or injustice. Take your pick! ]]></description>
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<title>All The Forms You Need</title>
<link>http://www.betterlifeadvice.com/education-reference/legal/all-the-forms-you-need.html</link>
<guid>http://www.betterlifeadvice.com/education-reference/legal/all-the-forms-you-need.html</guid>
<pubDate>Wed, 09 Dec 2009 10:05:56 -0800</pubDate>
<description><![CDATA[ Any transaction involving an exchange of money for products and/or services should be properly documents. For purchases of small items, you normally get an official receipt or a docket from the vendor once you hand over your payment. For larger more expensive items such as furniture, equipment, appliances, the process will involve more documentation. In exchange for your hard-earned cash, the seller will not only hand over the receipt, but a warranty card to protect you against factory defects as well. Bigger purchases that can be considered investments, such as cars and most importantly: homes should be handled with utmost care. Not only because it involves a lot of money, but because these transactions will affect the lives of the buyer and the seller for many years to come.

Of all the purchase transactions you can do in your life, nothing would be more sensitive and would need attention to detail as that of purchasing or selling a house. Each step of the transaction should be fully documented and if there are revisions that need to be made, these should be recorded as well. Buyers and sellers can opt to prepare the documentation themselves but, due to the number of changes a single transaction can have, being able to catch up with all the revisions may be difficult for the average consumer; and for this reason, ready made real estate forms were produced.

Ready made real estate forms can be obtained from the offices of real estate agents or downloaded from various real estate websites. These real estate forms cover all the possible real estate transactions an individual may encounter: from renting to purchasing or selling properties. There are generic real estate forms that can be used by anybody irregardless of their place of residence; and there are also state specific real estate forms that conform to the legal requirements of a particular state. There are also real estate forms that cover disclosure laws (particularly for lead-based paint).

Real estate forms can be purchased individually as the user sees fit; or a complete set can be bought. Purchase of individual real estate forms is ideal for those who are involved in short-term real estate transactions, such as having a property leased out. Those who will be embroiled in a real estate deal that may require constant revisions and changes, and for a significant period of time; such as selling homes, are better off purchasing the complete set. 

Buyers of ready made real estate forms can be assured of the accuracy of the forms format, their legality and their contents. The manufacturers of ready made real estate forms spent much time and energy verifying that their documents will be honoured by any legal entity. These real estate forms are generally up-to-date but it would help if you checked law offices or real estate agents for the latest updates, although since real estate laws and regulations are not revised often, real estate forms generally stay the same for long periods of time. 

Through the development of ready made real estate forms, the process of conducting real estate transactions has become much easier. Ordinary laymen now have the option of doing everything themselves and forego the services of realtors. ]]></description>
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<title>Amending Old Laws to Punish New Governors</title>
<link>http://www.betterlifeadvice.com/education-reference/legal/amending-old-laws-to-punish-new-governors.html</link>
<guid>http://www.betterlifeadvice.com/education-reference/legal/amending-old-laws-to-punish-new-governors.html</guid>
<pubDate>Wed, 09 Dec 2009 09:57:56 -0800</pubDate>
<description><![CDATA[ The Mann Act was passed in 1910 its purpose was to prosecute individuals who were in the business of trafficking young ladies for the means of prostitution across state lines. This law was set into motion to combat immigrants who kidnapped women and forced them to work into brothels. The official title of the law is White Slave Traffic Act, because the women that were abducted were driven to prostitution out of fear. The law is a product of its time, but since 1910 it has undergone a couple of Amendments to keep it significant to modern times.

The current interest in the Mann Act has been sparked by New York's Governor Eliot Spitzer. Prosecutors are considering charging Governor Spitzer of violating the law. Although, Governor Spitzer is the most current celebrity to be linked to the Mann Act he is not the only one.  African American boxer Jack Johnson, film star Charlie Chaplin, and musician Chuck Berry have all been prosecuted under the Mann Act. Jack Johnson received the maximum sentence of one year and one day. Mr. Johnson's conviction has been speculated to be a racist act, because the woman he was transporting was his white girlfriend. Charlie Chaplin was charged, but not found guilty. Chuck Berry served five years for a variety of different charges as well as the Mann Act. In Mr. Berry's case it was a young Apache girl that he contracted to work at his club as a hat check girl who was later convicted with prostitution. 

The Mann Act's first amendment occurred in 1978 when it included in the transportation of minors for both male and female sexes. In 1986 the protection of minors was furthered as well as replacing out dated terminology. The 1986 amendment replaced "debauchery" and "any other immoral purpose" for "any sexual activity for which any person can be charged with a criminal offense."

The Mann Act has acted as a tool for social stigma being the case with Johnson and Chaplin. It is understandable that federal prosecutors would want to charge Spitzer with the Mann Act for degrading his reputable position. If he is found guilty under some nuance of the Mann Act it would definitely be federal prosecutors making an example of him. For the governor of such a big state to be involved with any illegal activity is unacceptable.

The Mann Act has been used as a slap on the hand in the past, but it shouldn't be abused to shame people. Spitzer is stepping down from office and has to work through the damages his decisions are going to take on his marriage. He will be put on trial and convicted for soliciting prostitution. There is no need for public flogging anymore, so there shouldn't be a pressure to charge him of the Mann Act. Society has evolved beyond the point of cruelty and shame as a form of punishment. The man is ashamed enough of what he has done, so why should there be a need to reproach him any further on the matter. ]]></description>
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<title>Americans Fear Crime</title>
<link>http://www.betterlifeadvice.com/education-reference/legal/americans-fear-crime.html</link>
<guid>http://www.betterlifeadvice.com/education-reference/legal/americans-fear-crime.html</guid>
<pubDate>Wed, 09 Dec 2009 09:49:56 -0800</pubDate>
<description><![CDATA[ Are you afraid of crime? Do you think about becoming the victim of crime often? According to the Sourcebook of Criminal Justice Statistics, many Americans fear becoming the victim of crime often. As I will show in this article, the fear crosses all lines—sex, race, education, age and profession. Subjects were asked if they were afraid to walk alone around their neighborhood or any area within one mile from it at night. The results may surprise you. They will clearly show that fear of walking alone at night is one of the most common fears among Americans.

According to the most recent data available, only 19% of all men surveyed said they felt safe walking at night alone around their neighborhood. In stark contrast, 47% of all women surveyed said they felt perfectly fine walking alone. Looking back at the earliest numbers available, which would be from 1973, illustrates that this response is normal. In 1973, only 20% of men surveyed felt safe walking alone at night verses an astounding 59% for women.

Among white individuals, an average of 30% feel safe walking at night in their neighborhoods. Contrast that to the 41% of black individuals that felt safe. Even though there is a slight disparity among races, the numbers still show that the majority of people don’t feel safe at night. Historically, the numbers for white individuals who feel safe at night has always been 10-22% lower. The numbers only go back to 1973. One would think that the numbers might be different if the study was conducted in the 1950s and 1960s.

Education and age factors are similar. No matter what the education or age difference, the fear level is about the same. For instance, regardless of the education level obtained, roughly 68% of those with some schooling were afraid to walk at night around their neighborhood. Those individuals that were 21-49 showed the most fear. 71% of those surveyed in this group were afraid. The least afraid group was 18-20 year-old individuals. However, 59% of this group was still afraid of walking at night.

As far as professions go, those in the Clerical/Support field were less likely to be afraid at night. Just over half, 54%, stated that they were afraid to walk alone at night in around their neighborhood. Those in the Manual/Service field were most likely to be afraid—74%. As you can see, fear of walking alone at night in one’s own proverbial backyard is a frightening event for most Americans. There’s little doubt that the media and their constant barrage of criminal sensationalism has something to do with this. However, historical data proves that it’s a condition that has existed for some time and shows no sign of vanishing anytime soon. ]]></description>
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<title>An Introduction To California DUI Attorneys</title>
<link>http://www.betterlifeadvice.com/education-reference/legal/an-introduction-to-california-dui-attorneys.html</link>
<guid>http://www.betterlifeadvice.com/education-reference/legal/an-introduction-to-california-dui-attorneys.html</guid>
<pubDate>Wed, 09 Dec 2009 09:41:56 -0800</pubDate>
<description><![CDATA[ DUI is an abbreviation for ‘Driving Under Influence.’ These are laws pertaining to drunken driving offenses. With rampant DUI cases there are plenty of lawyers available today and some are free of cost. There are many factors you will need to consider (like the penalties of the trial), and consultation can put it in perspective for you. 

You will go to trial, and need to get a good, reliable lawyer to represent you. There are many DUI lawyers who are not trustworthy. Some of them boast of a lot of experience but they have little to show for it. Improper representation can have the court coming down very hard on you, so you have to be careful when you pick your lawyer. 

The first thing you must find out about your attorney is if he or she specializes in DUI. Lawyers tend to specialize in trying certain types of cases. If your lawyer takes on a wide variety of cases, both civil and criminal, then you are probably talking to a lawyer who does not specialize in DUI cases. If your lawyer represents only DUI offenders, he or she is likely to know the law very well. Go for someone who is a ‘DUI only’ attorney. A good DUI attorney will also have access to technical experts, and have full knowledge of police procedures. 

A good DUI lawyer will also settle the fees and expenditures in advance. When getting a contract down on paper, make sure you check if the fee covers charges for DMV hearings. Also, find out if the attorney is a member of the National College of DUI Defense. You can also get a rating on your prospective lawyer through the Martindale-Hubbell International Directory of Attorneys. 

Conclusively, a good DUI lawyer is necessary if you are charged with a DUI offense. A specialist lawyer is important to your successful defense. ]]></description>
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<title>An Introduction To California DUI Laws</title>
<link>http://www.betterlifeadvice.com/education-reference/legal/an-introduction-to-california-dui-laws.html</link>
<guid>http://www.betterlifeadvice.com/education-reference/legal/an-introduction-to-california-dui-laws.html</guid>
<pubDate>Wed, 09 Dec 2009 09:33:56 -0800</pubDate>
<description><![CDATA[ In California, the DUI laws are written under the California Vehicle Code VC 23152 Alcohol and/or Drugs. The DUI law was codified back in 1935. The law distinguishes between a misdemeanor and felony. According to its definition, a misdemeanor doesn’t imply any injury to person or property. The section 23152 is specific in dealing with drunken misdemeanors. The penalty for such a crime can be up to 6 months in jail. 

The law makes driving after drinking or consuming any other substance that influences the senses unlawful. The phrase ‘Under the Influence’ is much debated, especially since it can’t be clearly defined and symptoms vary from person to person. The commonly accepted definition of under the influence refers to any person who is not fully conscious, tends to stumble, loses coordination or reacts slowly. The definition also includes the partial loss of visual sense. 

The law also quantifies the unlawful limit of alcohol as being .08% of the weight of the person. So, you are unfit to drive if you have consumed more alcohol than .08% of your body weight. 

A person is required to undergo a chemical test if he or she is arrested under DUI. The results of this chemical test are used as evidence in court. Therefore, the court will consider it as a final proof of your guilt and pass sentence accordingly if you are unable to prove the chemical test results incorrect. 

There are virtually thousands of DUI cases tried every year. There are several attorneys who are specialists in DUI. Apart from chemical tests, several other factors also influence your trial, such as your previous record and the charges against you. Also, a good attorney can use technical expertise to pick holes in the prosecution’s case and help you avoid penalties. ]]></description>
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