Understanding Different Legal Concepts

There are lots of legal categories, such as property, contract, tort, trust, constitutional, criminal, international and administrative. All of these legal rules relate to a particular field of human endeavor. If there were no laws, this would lead to a societal breakdown – often to the extent of an economic standstill if history is anything to go by. People who call for all laws to be abolished are known as anarchists.

Criminal law is concerned with public authority offences. This is different to civil law, which relates to crimes committed against other people, rather than the wider public. Murder, for instance, falls under criminal law because, while there is an individual victim, it threatens the overall public well being. If someone breaches the conditions of a contract though, this is covered by civil law.

Based on a person’s political persuasion, they will typically advocate a larger or smaller number of laws. On the one hand there are left wing liberals, who believe that the government should not intervene much in public affairs. On the other hand are right wing conservatives, who want laws that regulate almost everything. These people think that laws make people more disciplined, which strengthens the nation. In the past, most governments that have attempted to do this have not lasted.

All countries want to stop criminals from doing things that threaten the national or public interest, so deterrence is a big part of the justice system. Because it is impossible to stop crime completely, this system involves dealing with the correct management and containment of felons. This includes rehabilitating people who perform illegal acts. Punishments are a major part of the justice system too, so people who are prone to criminal behavior realize that their life choices have ramifications. Countries with harsher punishments, like Singapore and Saudi Arabia, tend to have lower violent crime rates.

Finding The Right Attorney For Your Legal Issue

If you find that you are in need of legal assistance for workers compensation or whatever reason you just may be looking for the services of an attorney. You will need to find the best attorney to be able to take care of the legal issues that you are having. Here are some tips to keep in mind when looking for an attorney.

You are first going to want to look for an attorney that practices the type of law that you are having an issue in. For example if you need assistance with a child support matter you are not going to want to hire a bankruptcy attorney. You need to do some research and look for the best attorney that practices the type of law that you need help with.

Next you are going to want to see which attorneys that you can afford to have represent you in your court case. You are going to not only want to find a qualified attorney you are also going to need to find one that you can afford. You will want to find out up front what their fees are and if they accept payment plans so that you know you will be able to afford their services.

You also need to make sure that the attorney that you choose for your court case will treat you like the important client that you are and not simply a number that is going to make them money. You need to find an attorney that is genuinely concerned about the outcome of your case. Take your time when deciding on and attorney if possible and even call their office to see what kind of customer service that they offer.

No matter what kind of issue that you may be having it is very important to make sure that you take the time to find the right attorney to assist you as it can really change the way your case will be handled.

Was it negligence or malpractice?

medical malpractice lawyerIf you work in the healthcare field or even a car dealership Langely it can be very important to understand the difference between medical negligence and medical malpractice. The rule is if you are a licensed healthcare professional you could be accused of either or both. The tendency is for complainants to claim malpractice, but it may have been negligence. According to a chicago medical malpractice lawyer, malpractice could see you lose your license, while negligence is typically required to have disciplinary punishments only.

 

What is medical negligence

Medical negligence is defined by the lack of due procedure in an instance where common sense and common training makes one aware of its necessity. For example, if a doctor is rushed and forgets to properly sterilize their instruments resulting in an infection – this would be most often termed as medical negligence. The same would hold true if a doctor did not call for certain testing based on an individual’s symptoms as they did not think they were related to a risk for a serious disease or illness.

 

What is medical malpractice

Medical malpractice is when negligence is performed with the intent to harm. Looking at the two examples from before there is one change you could make to each that would turn them into acts of medical malpractice. If the doctor chooses not to sterilize their instruments because they either don’t approve/like the patient, or are trying to save money on supplies – this would be medical malpractice. If tests were not performed because they were either time consuming, the doctor felt the person deserved the disease, or thought the person was too old or ill for another test to do any good – and does not give the person the choice to accept or turn down the test – that is medical malpractice.

Contact your cities medical malpractice lawyer.

When is it one or the other?

The two terms are often used interchangeably even though they are very different. What determines which happened in each case is going to come down to intent. This is what can make providing medical malpractice difficult. It is on the claimant to prove the intent of the healthcare professional was to harm.

My hospital defended me against malpractice and is now suing me for negligence, can they do that?

This is a common and unfortunate question. In this day and age it isn’t unusual for claimants to sue a facility and healthcare professional for medical malpractice and end up needing to hire a personal injury attorney in Los Angeles. Your employer will have you covered under their liability policy, which then pays for the defense. What can be shocking is how often a facility that has successfully defended a practitioner against a charge of medical malpractice will then turn around and sue that practitioner for negligence.

suing for negligence

What the facility liability policy covers

You have to remember that the liability policy and lawyers for a facility will always place the wellbeing of the facility first. They have a vested need in protecting themselves from charges of medical malpractice. They also have a need to protect their bottom line, which means recovering the cost of that defense. If they can prove that they incurred those costs due to your professional negligence then you must pay restitution. While the good news is that a determination of negligence may not cause you to lose your license, the cost of restitution may cost you everything you have in your life.

 

The best practice is to also carry your own

This is beginning to happen more often as insurance dollars and funding become harder to come by for major facilities and institutions. Your best practice is to always carry your own professional liability insurance. It is a remarkably affordable thing to do and it may just be what you need to save your life and career. You should also make it a habit to insure that all of your recording is done to state and federal standards, especially if they exceed facility standards. Keeping a record of your own is a possibility, but you need to talk to a lawyer about how to set that up so you are not violating privacy and confidentiality laws too. If this seems like a lot of work it isn’t, not when you think about what might happen should your facility take you to court.

Filing for a no-contest divorce

no contest divorce lawTake a look at the Internet and it can be easy to wonder why you would ever need a real lawyer again, especially when it comes to a no-contest divorce or comparing it to a legal malpractice lawsuit. If you and your partner both want to call it quits you may not need a prolonged exercise with lawyers – but that doesn’t mean you shouldn’t use them. There are two things to consider before filing.

 

The first problem comes down to timing

Filing legal paperwork is not as easy as it looks. There are specific orders of submission, attachments and time frames to be followed. Even if you can start all the paperwork online, you may have to get a lawyer to make sure it is submitted correctly. Some states, such as Rhode Island, don’t permit individuals to file their own paperwork. This is done because the potential errors can become a huge burden on the legal system. Make sure you check out the rules for your state. If it is a no contest divorce you may be able to save enough money by doing your own paperwork to be able to hire a lawyer to check the paperwork out and submit it correctly.

 

What to expect

Mediation is all the rage with amicable divorces and there is a lot a mediator can do. Before you sign the agreement it is essential that both parties retain a lawyer to review the agreement. This is done to make sure that there is no later recourse with one half saying they were taken advantage of. Many amicable divorces become less than friendly during the first two years post-divorce. It doesn’t mean that there is a problem, but that a lot of latent anger and emotion may come out. Having lawyers review the agreement before filing can help to reduce problems later.

 

Talk to a lawyer first

Lawyers will be very upfront about you with what is required to file your divorce correctly. Many of them offer a free consultation. The purpose of that consultation isn’t to try and “sell” you on their services, it is to define what is needed. If your divorce is no-contest, then it comes down to preparing and filing forms. Depending on the state that you live, and the state you were married in, this could be a simple or complex process. The best way to decide if you should handle it yourself is to take advantage of a free consultation with a divorce lawyer.

Understanding the power and limits of abnormal use

In recent years, there has been a rise in cases that stem from abnormal use of consumer products. The question is, what constitutes abnormal use? One of the best cases to look it to see how complex this issue can be are any of the ones involving energy drinks along with the precedent setting case Coca Cola won about their advertising.

 

When Coke was challenged they came out the winner

consumer case lawA consumer case was brought against the Coca Cola bottling company claiming that their advertising was misleading and during the case even a DUI attorney San Diego was needed to be brought in at one point to help resolve it. It presented Coke products, most notably their Vitamin Water as a health product. When consumers relied on it for health benefits they did not experience any. Coca Cola’s defense was that you would have to be delusional as a consumer to believe that any product they made was healthy. Relying on Vitamin Water as a part of your health regimen implied abnormal use by the consumer. The courts agreed. That case also bears looking at for the intricacies on the ruling and how they apply to misleading advertising.

 

Slightly different, but very much the same

Along come popular energy drinks that promise to deliver an energy boost. Most of them do this through the addition of high levels of caffeine. Some consumers who have consumed copious amounts of the drinks have experienced heart attacks, palpitations and other cardiac related issues. Consumers repeatedly file suits against the companies saying that there is not adequate warning on the labels of the potential effects of too much consumption. Companies argue back that the products are advertised as a quick energy boost, not a way to sustain energy and that drinking more than one constitutes abnormal use. According to Brian Musell Attorney, so far the courts have ruled in the companies favor.

 

What is abnormal use?

Abnormal use is defined as use beyond the intended use of the product by the manufacturer, it does not account for the implied use suggested by clever marketing. It is assumed that the consumer will use fair judgment and common sense in the use of the product along the guidelines stated on the label – not the advertising – for the product.

Protecting your intellectual property online

copyright lawMany people think that the only way to protect their intellectual property online is to just not post it. Not only is that unrealistic if your livelihood is associated with your creation, but it doesn’t do anything to stop someone else from posting a copy of your work. Even when it comes to non-professional artists, writers and photographers the ground can get slippery. The terms and conditions of social network sites can come with some surprising clauses about who owns the electronic copyright to the item. There are several things you can do to protect yourself according to one Baltimore accident lawyer.

 

Register the work

Whether it is a painting, poem or engineering design you want to register the work with the proper agency. In some instances, as with patents and schematics, you may need a lawyer to help you file the paperwork. In all cases you may benefit from having a lawyer help you, as one of the unexpected complications is that many countries don’t recognize an other’s copyright use. There has been a lot of work done to try and standardize protection on a global scale, but there isn’t anything solid in place yet.

 

Be aware of the protections allowed non-professional work

If you take a snapshot and post it to your social media account you may be giving them permission to use it for marketing purposes, or to resell it. Always make sure that you read the terms and conditions carefully, as well as any privacy updates that are issued. One good practice to adopt is checking your privacy settings at least once a month. There have been some notorious cases in which a social media network updated a privacy policy and automatically switched privacy settings to the new policy only allowing users to opt out, not opt in. Apple is currently going through a same process with their recent announcement about opting out of their news feed.

 

What to do when your creation is used by someone else?

Get a lawyer, like Lawyer Bobby Zirkin – plain and simple. Some cases of reposting can be taken care of by contacting the site or company and asking them to remove the image or content, but your request will be attended to much quicker if it comes from a lawyer. Having a lawyer contact a company with a request is much more affordable than you think, and it can often be enough to resolve the problem.