What are the Different Types of Divorce?

It may seem that while getting a divorce can be complicated, that there is really only one way to do it, just with different components. There are actually a few different ways of approaching the end of your marriage. The type of divorce you can get depends on how long you have been married, the state of your finances, if you have children or not, and the reasons you are getting divorced.

Simplified Divorce

Most states have a version of simplified or summary divorce. This is generally used for marriages of relatively short duration. The couple usually doesn’t own much property, have substantial debt and are without children. They must be in agreement on all issues involved in the divorce, and all court paperwork must be filed jointly. Simplified divorces are usually very quick, and they usually don’t require the involvement or expense of lawyers.

Uncontested Divorce

In an uncontested divorce, there is usually an attorney who represents the person who is asking for the divorce. The couple is in complete agreement on all issues, and they agree to have the case heard as an uncontested matter. Any written marital settlement agreement is signed off on by the parties before the divorce is final. If a court appearance is necessary for basic testimony, it’s usually only the person petitioning for a divorce who needs to be there. An uncontested divorce is generally much quicker, less expensive, and less stressful than a contested divorce.

Contested Divorce

A contested divorce is what most people think of when they think of divorce. In a contested divorce, the couple is not able to reach an agreement on their own, so they have to go to court for a trial. These issues usually have something to do with the division of child custody, assets, or property. Although it’s not mandatory, each of the parties usually has a divorce lawyer representing their interests. It’s far better to retain legal counsel in a contested divorce, especially when a party’s emotions can get in the way of making sound decisions. A contested divorce can be resolved by a settlement before the trial, which allows both parties to be satisfied by the outcome.

Those are the three different kinds of divorces. Parties might ultimately reach an agreement themselves, through mediation, a collaborative effort or even through a mutually agreed upon arbitrator. The better that two spouses are at civilly and honestly discussing issues, the less expensive and emotional the dissolution is likely to be.

5 Things You Need to Know About Privacy Law Before Installing Cameras

Keeping your place of business secure is very important. One way that you can make your place of business more security is by installing ADT cameras around the location. While this can help you to monitor activity, and potentially prevent crime or poor behavior, there are situations when it could violate privacy laws. There are several privacy law factors that need to be taken into consideration when you are installing security cameras.

Never Place in a Private Place

The most important tip to follow is to never place cameras in a place where employees have what lawyers call a “reasonable expectation of privacy.” For example, cameras should never be placed in a bathroom or locker room. Doing this could violate privacy laws and a variety of other harassment laws as well.

Make Employees and Visitors Aware

When you have new monitoring devices installed, you should also make all employees and visitors aware of their presence. The devices should be placed strategically around your place of business and should be clearly visible to people when they enter the property. It would also be a good idea to have signs up in monitored room providing further clarification that all people are being monitored.

Have an Open Monitoring Policy

Once you decide to have them installed, you should also make it clear to employees that they are being monitored. Ideally, you should have a reason for having the higher security setting in the place of business. To ensure you are protected, you should have all employees acknowledge on a written form that they are aware of the new policy .

Limit Secret Recordings

In some cases it may make sense for you to secretly record employees. This may occur when you suspect misconduct or illegal activity by an employee. You should always do your best to limit the situations when secret recordings are utilized and be sure that you properly document when and why the recordings took place.

Consult With Legal Counsel

Finally, you should be sure that you are able to consult with your legal counsel before installing any new monitoring system. Your legal counsel will be able to provide you with further insight that could help you to avoid local or state privacy laws. They may also help you to draft paperwork that will better formalize a monitoring policy.

In conclusion, installing security devices can be a great way to protect your business. When you are doing this, there are five tips to follow to ensure that you do not violate privacy laws.

4 Ways Bankruptcy May Affect Your Future

Bankruptcy is a federal court procedure that provides a second chance for individuals or businesses who find themselves unable to pay off their financial debts. Financial assets and liabilities are brought before the court so that a judge can determine whether or not to discharge the debt due to an inability to repay the accounts now or in the near future.

While bankruptcy may offer you a way to clear their debt, is it not without its consequences and should be entered into only after careful consideration. Here are 4 ways bankruptcy may affect your future:

Debt Forgiveness Does Not Apply to All Debt

There are several bankruptcy options, so you will want to learn about each type to determine which one will best suit your needs. Bankruptcy is well-known for eliminating credit card and other unsecured debt as well as putting a stop to collection attempts from creditors. Depending on the type of bankruptcy you file, however, most student loans and tax debt will not be included in the discharge. In most cases, payments such as alimony and child support will not be rescinded.

Bankruptcy Will Harm Your Credit

Depending on the type of bankruptcy you file, it will remain on your credit report for 7 to 10 years. As a result, your credit score may suffer a loss of 200 points or more. This decreased credit score may make securing a loan in the future more challenging and more expensive. A low credit score can also affect your ability to rent an apartment or get a credit card with a good interest rate. That being said, after a bankruptcy, there are steps you can take to ensure that your credit score can recover in as little as 4 to 5 years.

You Could Lose Property

While a Chapter 7 bankruptcy allows debt cancellation without repayment, you may be required to relinquish property that is not deemed exempt according to the laws of your state. The courts may require that some of your property is sold and used toward debt repayment. Retirement accounts, home equity, your vehicle, and some personal property are usually protected. On the other hand, Chapter 13 bankruptcy provides protection for some additional property and assets.

A Lack of Privacy

Filing for bankruptcy means that your name and other personal information is made part of the public record. As a result, banks, businesses, clients, and prospective employers have access to any information you filed with the court. For most, the benefits of a fresh start outweigh the risks, but information security may be an issue for some.

While bankruptcy is an option that provides freedom from past debt, one must carefully consider the ramifications it has with regard to future finances. Considering that each situation is unique, you should consult with a lawyer who has experience with bankruptcy before you make any decisions. They can go over the different kinds of bankruptcy, the specific rules of your state, and help you find the best options for you and your family.

4 Tips for Dealing with Teen Driving Accidents

When you have a teenager who is learning how to drive, it can be a stressful time. Teenagers tend to have more accidents than other drivers, whether it is because of overconfidence, inexperience, or just bad luck. It can be a stressful thing to deal with, but there are a few things you can do to help reduce the stress and help your teenager deal with a car accident.

Educate Your Teen

Your teen should fully understand what steps must be taken following an automotive accident because you’ll deal with the situation easier if the teen can handle the early phases without your help. When you talk with your teenager, go over which items should be provided to the police officer and the other driver shortly after the accident happens. In most cases, an officer will need a statement, which will include driver’s license and insurance information and a description of what happened. They should also exchange insurance information and contact information with the other driver.

Implement Practical Procedures

When you arrive at the scene, you shouldn’t stress out, as any tension will impact how your teenager deals with the stress. Take notes so that you can accurately describe the damages when you work with an insurance adjuster. You should also take photos of the damages if the collision caused any damage. The lighting is very important during this process, so you should align each shot so that the damaged portions of the car can be thoroughly and easily inspected by an insurance adjuster.

Set Terms for Paying for Damages

After you have enough photos and notes, you should set terms for the insurance payment process. If your teen was at fault, consider including them in some of the payments to help them learn their lesson. If the accident was the other driver’s fault, you shouldn’t have to pay anything for insurance, so don’t punish your teen for this. In the case of a hit-and-run accident, you may have to pay for some things because you don’t have the other driver’s insurance to pay for damages. In this situation, consider contacting a car accident lawyer who can assist you in getting compensation for extra expenses.

Strive to Prevent Another Accident

After an automotive accident happens, you may be able to prevent another costly situation by equipping the vehicle with beneficial safety and prevention tools once the automotive is repaired. For example, if the accident was caused by sliding in winter weather, new tires with enhanced treads can possibly prevent a second accident in areas that have harsh road conditions. You can also go over specifically what happened during the accident with your teen and develop a plan to deal with similar situations in the future to avoid another accident.

5 Most Litigated Things in America

In many parts of the world, people have no legal recourse when they have been wronged. In the U.S., Americans value their constitutional rights and believe in receiving fair treatment under the law. The five most common reasons for lawsuits are shown below.

Car Accidents

Car accidents are a leading cause of lawsuits. Many accidents are minor and easily settled, but when someone’s negligence results in injuries to another, a just outcome for the victim may not be possible without a lawsuit. Statistics reveal:

• 6 million traffic accidents annually
• 90 car accident deaths daily
• 10 deaths daily caused by distracted driving – common distractions include using the phone, smoking, eating, drinking and talking to passengers
• 2 million drivers left with permanent injuries after an auto accident
• Alcohol involvement in 40% of car crash fatalities

Workers’ Compensation

Workers’ Comp was established so injured workers could obtain medical treatment and other compensation without needing to file a lawsuit against the employer. Most employers buy Workers’ Comp insurance. When a worker is injured, the worker deals with the insurance company and/or the state’s Workers’ Comp authorities. Injured workers can be faced with many problems including:

• Inadequate medical care
• Lack of choice of doctor
• Bills piling up
• Being forced to return to work too soon
• Limits on benefits

Slip and Fall Accidents

Slip and fall accidents can be deadly, especially to the elderly. They are also the leading reason for Workers’ Comp claims. Common causes include wet or too-slippery floors, torn carpeting, items left in walkways and inadequate lighting.

Product Liability

Americans have the right to file a product liability lawsuit after being injured by a defective product. Class action lawsuits represent many consumers similarly injured. The 1998 Tobacco Master Settlement Agreement and the many auto recalls represent only a fraction of historic product liability cases that have benefited many people.

Drug Recalls

A prescription drug can be recalled voluntarily by the manufacturer or following an FDA order. Patients injured by the defective or contaminated drug can file a lawsuit individually or as part of a class action. The recall of the pain reliever Vioxx was one of the largest drug recalls.

Filing a lawsuit is not usually someone’s first choice after being injured, but may be the only viable option. The law gives Americans the right to seek fair compensation for their injuries. The person or business responsible for the injury should be held accountable for their actions.

5 Ways to Protect Your Business From Lawsuits

If the process of protecting a business seems complicated or challenging, you may be able to avoid most lawsuits by following five easy steps. These strategies benefit small business owners who run a traditional company.

Design Products Properly

When products are manufactured, many things can happen that could ruin a consumer’s experience. This is why you must work with a manufacturing company that never cuts corners during all phases of the distribution process. The workers should always have strict routines so that minor problems can be spotted before products are transported to consumers. By distributing your products while working with a reputable manufacturing company, you’ll supply durable and reliable items to consumers without experiencing major problems that could lead to lawsuits.

Develop Effective Policies

Employees can sue a business if the working conditions aren’t ideal or practical. In some states, there are very specific laws about what is and what is not a fireable offense. In order to avoid lawsuits that involve employees, you must design professional policies that comply with applicable laws. These polices should be mentioned throughout the hiring process so that potential candidates will fully understand how important tasks should be tackled during business routines. The most effective way to design reasonable policies that can benefit your business professionally according to local laws is by working with a lawyer.

Implement Procedures to Maintain a Practical Environment

When a business doesn’t have a maintenance strategy, minor and major injuries could happen in vulnerable areas. In some cases, an employee will sue if something in a business environment causes an injury. Proper insurance can help you avoid these situations; however, a proper defensive is the best strategy. After you have a practical insurance policy, consider designing an efficient maintenance routine for the business. For this task, you’ll need a maintenance crew that can thoroughly inspect:

• Defective equipment
• Safety hazards
• Risky obstacles

Working Strategically Without Other Businesses

Although working with other businesses is a quick way to boost sales, you should always get legal help before implementing any major sales procedures. A lawyer can study a contract thoroughly, which is important because most managers are sued when they handle business tasks without considering how a contract is structured.

Study the Market Before Debuting New Products

Most businesses are sued because marketers debut new products without studying the latest trends. Competitive businesses that have popular products always take the proper steps to produce consistent sales, and this is why growing companies are usually sued when designers try to distribute products with similar features. However, by studying market trends early, you could possibly avoid lawsuits that involve designs.

When a business reaches a certain level of success, other lawsuits can also affect efficiency and sales. For example, if you don’t train your managers, you may have to deal with a wrongful termination lawsuit. However, by implementing proper business procedures, you can protect your company and possibly prevent legal challenges.

When Can I Legally Justify Self-Defense?

The law of self-defense is recognized in every state. Some states have a self-defense statute, and others don’t, but in any self-defense case, criminal defense lawyers must look toward their own state’s case law. Regardless of whether a state has such a statute or not, there are common legal threads in the law of self-defense that every state has. Those involve:

Who Initiated the Confrontation?

If the person claiming self-defense initiated the confrontation, the law doesn’t permit raising the issue. He or she must be innocent of any aggression. An exception to this is when the aggressor withdraws from a conflict, and the purported victim becomes the aggressor. A justifiable use of deadly force might be allowed.

Immediacy

The threat of deadly or great bodily harm to the person accused of murder must be immediate and imminent. That means that a person had a justified and reasonable belief that it will happen in a matter of seconds. You’re not permitted to use deadly force about something that might happen tomorrow.

Proportional Force

Whatever force you might use in self-defense must be equally proportional to the threat of force or the use of force against you. Concealed carriers can’t use deadly force if somebody is swinging a pillow at them, but if an aggressor is making slashing motions with a machete and coming closer and closer, the use of deadly force in self-
defense might be justified.

Avoiding the Threat

Some states are “stand your ground” states where there’s no duty to retreat. Others prohibit the use of deadly force if it can be avoided. An example of avoidance would be running away from a person in a wheelchair wielding a knife. By doing so, you’ve effectively withdrawn from contact with that aggressor.

Reasonableness of the Use of Deadly Force in Self-Defense

Reasonableness is an inclusive term that connects the previous four common threads. What comes to issue is whether a person’s perceptions and reaction in using deadly force in self-defense was the same as an ordinary and reasonable person would have had under the same or similar circumstances. If a person’s reaction to any one of the above common threads was unreasonable, the self-defense claim fails.

Self-defense cases are highly fact specific. Depending on the nature and extent of the threat, concealed carriers have every right to use reasonable force to defend both themselves and others. Sometimes that force might be deadly.

References

https://lawofselfdefense.com/the-five-principles-of-the-law-of-self-defense-in-a-nutshell/

http://klgdefense.com/criminal-defense-attorney/

http://criminal.findlaw.com/criminal-law-basics/self-defense-overview.html

5 Weird Driving Laws in the United States

Americans have the weirdest laws. For instance, in Michigan, the last Sunday of June is known as “Log Cabin Day”. To Americans living in Michigan that may not be a surprise. However, to non-Michiganders, it really is a weird law!

Michigan is not the only state with weird laws; in fact, all states have their unneeded laws. And to that idea, this article will list 5 weird subjects that laws have been made dealing with careless driving – or cars in general! Let’s begin!

Driving Too Slow

You may want to take your time glancing around some rolling hills or some California Redwoods. But, in some states, to “stroll” down the road is illegal!

Driving too slow in Nevada, Hawaii, Alaska, and California will grant you a fine up to a couple hundred dollars. These laws exist so tourists can’t stop everyday life.

Molesting Cars

You know when your neighbor’s dog goes around humping your tree because it’s in heat? Well, don’t let it hump your car! In Kentucky, you can be fined if that dog rubs itself all over your car.

Also, in a city in Oklahoma, it’s illegal for a human to molest a car. You can be jailed and arrested for indecent exposure.

Sunday Laws

Sunday has been an important day in American history. From the days of the Puritans to Sunday Night Football, it’s no surprise states have made laws regarding cars on Sundays.

In Colorado, it’s illegal to drive a black car on Sundays. It’s speculated that this law came into existence based on the superstition of Black being related to death and evil.

Another car law that deals with Americans’ Sabbath Day, is that in Pennsylvania and Indiana it’s illegal to sell cars on Sunday. It may have to do with the fact that you should be in church worshiping and not out on the streets selling!

Laws and Alcohol

Although it’s easy to see why driving while drunk is illegal, the following two laws, or punishments related to laws, are absurd.

In Texas, it’s illegal to drive within an arm’s length of alcohol… that includes a passenger! So, if you are the Designated Driver and have no alcoholic beverages, but your buddy has been drinking all night, you could be ticketed for their choices!

In Virginia, if you get drunk and allow another drunk person to drive your car, not only will they get a DUI, but so will you! So it’s better to not to be around a car after a night at the bar.

Animals and Vehicles

Animals are a big part of human culture. We have pets, take care of animals on farms, and we even name sports teams after them. Therefore, with the human nature’s obsession with animals, it makes perfect sense on why animals should be regulated with careless driving. But, these following laws single out certain animals for no good reason.

In Minnesota, it’s illegal to cross state borders with ducks on your head. You know, just in case it might inhibit your vision.

In Tennessee, it’s illegal to hunt animals from your car, unless you can find a whale (in this landlocked state).

In Alaska, you better not tie a dog to your roof or you can be pulled over and ticketed.

Plus there’s so much more dealing with animals (such as no riding ugly horses in Washington) that you create a whole list of just animal laws!

As we can see, Americans create the weirdest laws for almost everything – including driving. Not all of the laws listed above are about careless driving, but if you tie a dog to your car’s roof, you better not be driving because you’re being careless of your pet!

References

http://www.kupperautomotivenews.com/classic/Articles/50WeirdTrafficLaws

http://www.kcarplaw.com/careless-and-imprudent-driving/

http://www.dmv.org/articles/bizarre-driving-laws/

5 Tips to Help You Prepare for the LSAT

Once you’ve committed to taking the LSAT, you want to know how to score as well as possible. There’s no way to do your best on the LSAT without some serious preparation. Here are five tips to prepare for the LSAT:

1. Use diagrams for logic games

As you work through logic puzzles, come up with a system to diagram the hints. This helps most people visualize the scenario and come up with the right answers. Don’t worry about your speed until you’ve mastered your system for approaching a logic problem. Then work on building up your speed.

2. Learn the difference between correlation and causation in analysis questions

One of the key sections on the LSAT deals with analysis. A common question gives you a statement and then asks you what’s wrong with the logic in the statement. For example: Emma eats fish, and Emma just got a job. Therefore, if I eat fish, I will get a job. In the above question, the test takers want to know that you can reason that eating fish doesn’t necessarily lead to getting a job.

As you work through practice analysis questions, make sure that you read the explanations for each answer. Trying to answer test questions alone isn’t enough to improve your skills. You need to learn the why and how behind the answers.

3. Take practice tests

Once you’ve got some study under your belt, simulate the test under realistic conditions. Get up in the morning to take a full, simulated test. You can even drive to the library for the practice of a commute. When test day comes, you’ll have a feel for how to manage your energy.

4. Rest the night before the test

Logic games are challenging enough. They’re even more challenging when you haven’t had a good night’s sleep. Make sure you don’t work late the night before the LSAT. It’s also not the night to go out on a date or go to a party. That way you’ll arrive at the test well rested and ready for the task at hand.

5. Analyze your strengths and weakness

There are three different types of questions on the LSAT: logic games, reading and short reasoning questions. Start with a diagnostic to see if you score particularly well in one area, or if you’re pretty even across the board. If you score similarly in every topic, study all the topics to bring up your score.

If you score well in one section but relatively poorly in others, it might be worth your while to focus on that section. On the other hand, you might have more to gain by focusing your time on exploiting your strongest sections. Ultimately, your goal is to get the highest score possible, so some strategy can improve your total score.

The LSAT can impact the rest of your life. Your choice of school, scholarships and even law careers all follow your LSAT score. With a little bit of time investment, your LSAT score can pay dividends for years to come.

What To Look For In A BBB Listing

For a long time, the Better Business Bureau has been a reliable organization to turn to when analyzing a business. To this day, there is not a business with a more comprehensive approach to providing accurate business ratings and consumer protection. To achieve high rankings with the Better Business Bureau is not easy either. For this reason, businesses with a high rating with the BBB are typically among the best choice for any consumer.

How Does A BBB Rating Work?

The BBB rating focuses on the ability the business has to interact with a customer. Much of the information collected for determining this rating comes from the BBB itself doing research and analyzing complaints received from consumers. There are seven major areas of grading that each business passes through with the BBB, some of which include time in business, advertising issues and transparent business practices.

To understand how to interpret a BBB profile page for any business you are looking into, you need to know what to look for. Let take, for example, Kyani, Inc., and analyze their BBB profile. The link to the page is https://www.bbb.org/snakeriver/business-reviews/vitamins-and-food-supplements/kyani-inc-in-idaho-falls-id-1000005633.

Rating, Reviews, and Scores

The first thing to note when viewing a BBB listing is the overall rating. This is on a scale from A to F. For Kyani, they happen to have an A rating. You can view that rating/score on the right hand side of the page.

Underneath that rating is a breakdown of the types of reviews the business has received. Kyani, at the time of writing this, had a total of 13 reviews – 1 neutral, 3 negative and 9 positive. I am always skeptical about a business that receives no negative reviews anywhere because it almost seems fake, or in most cases, too good to be true. For Kyani, I like to see that there are a few negative reviews. Upon reading them I realized that they were more about a customer being upset they did not understand something, or did not like the taste of the product – both better than a complaint or review regarding terrible service or illegal practices.

Underneath the breakdown of reviews there is a section called Composite Score which explains, down to a decimal point, the score out of 5 that the company has received. In this case, Kyani has received a 4.42 out of 5 stars. This comes as a result of the 13 customer reviews and overall BBB rating of A.

Social Media

Another aspect of the BBB listing to note is the available links to social media accounts. If the company you are reading about has any social media accounts that you are searching for, chances are you can find them here on the BBB profile page. The nice thing about having these links is that these will be the official pages of the business rather than fake accounts.

Business Information

Finally, there is a large section on the left of the page with all sorts of valuable information for which ever business you are reading about or reviewing. In the case of the Kyani BBB listing, I see a phone number at the top of this section, information regarding how long the company has been in business, their physical address, when the company was started, the category the company falls into, their products and services, any alternate business names the company may have as well as a list of some key individuals managing the business.

The BBB offers typically more information than any other review of business site does. Granted, there are many other reviews sites, but their level of trust has always been shaky at best. Beyond information, honest reviews and spot-on ratings, the BBB should be known for one main thing when it comes to business recommendations – Trust! With a better understanding of the importance of the BBB and their business accreditation, analyzing the validity and reputation of a company will be much more thorough. You will be hard pressed to find a better, more comprehensive, honest and trustworthy source for business information and reviews.