Good Law Guide

Although we all have an understanding of what law is, and generally why it’s appropriate that it should be in place to serve and regulate our conduct in society, we seldom think of what law actually means in an everyday context. What is law for the average Joe in the street? How does law impact on our lives from day to day? Indeed, is the law a distant concept with which we find it hard to relate? In this article we will look at some of the fundamental ways law operates in society, in addition to the nature of the law as we know it.

For some people, they feel as though the law is there merely to protect their interests, and that they have no need for daily interaction. However, they assume that if the day comes where their behaviour is called into question, the law will operate, the course of justice will be run, and the will of the people will be fulfilled. This is perhaps a nave interpretation of the function of law, and indeed the way it operates in our lives throughout the day. For instance, at the top level we have the constitution, establishing parameters within which the government can and cannot act to protect the citizens of our nation. That has an overwhelming effect on the way in which our government and indeed our country is run, which has a knock on effect on everything we do throughout the day and how we do it. Even at a local level, the law interacts with the services we are provided, the jobs we work and pretty much everything to do with the lives we lead. A distant concept? I don’t think so.

The law does not just operate in criminal spheres, nor is it confined to merely constitutional matters and the distribution of power. Law is a significantly more sophisticated tool in the orchestration of the day-to-day organisation of society, through regulating not only personal conduct but also the way we act in business situations. Take for example the everyday task of boarding a train. The law regulates many aspects of this feat: (1) the criminal law and the constitution permits us to board public transport. (2) The constitution permits us to make contract with another. (3) The laws of contract permit us to form a contract for transport with the train company, and ensure that that contract is fulfilled. (4) The laws of contract and tort allow us to board without fear of injury, or with remedy should the worst happen. Finally the law of ownership and currency allows us to hand over money in consideration for this service, which is of value to the other contracting party. In fact, the law regulates just about everything we do, and is vital in doing so to ensure the smooth running of community and every aspect of our lives.

The law is not some abstract notion that can and will protect us when we need to rely on it. The law is an integral part of democratic life, and something which regulates our conduct, and in essence allows us to act according to our own desires within reason. Some may think the law is too restrictive in certain areas, but it works. The law serves its function as regulating our behaviour very well, and if it doesn’t? We can change it.

The fact is, law has been an important part of society since it began, with implied legal and social orders and boundaries that could not be crossed. Today, it is a sophisticated network of guidelines and regulations which is adapted to shape the way we live our lives from one day to the next. There is no doubt that the law is important to the citizen, and plays a profound impact on the lives of the people on a daily basis.

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Current info about Annulment is not always the easiest thing to locate. Fortunately, this report includes the latest Annulment info available.

Annulment is a legal procedure for declaring a marriage null and void. Annulment differs from divorce where the court ends an otherwise legal marriage on a specific date.

In strict legal terminology, annulment refers only to making a voidable marriage null; if the marriage is void ab initio, then it is automatically null, although a legal declaration of nullity is required to establish this. The process of obtaining such a declaration is similar to the annulment process.

Grounds for Annulment
Grounds for a marriage being voidable or void ab initio vary in different legal jurisdictions, but are typically limited to fraud, bigamy, and mental incompetence including that:

* Either spouse was already married to someone else at the time of the marriage;

* Either spouse was too young to be married, or too young without required court or parental consent;

* Either spouse was under the influence of drugs or alcohol at the time of the marriage;

* Either spouse was mentally incompetent at the time of the marriage;

* If the consent to the marriage was based on fraud or force;

* Either spouse was physically incapable to be married (typically, inability to have sexual intercourse which persists) at the time of the marriage;

* The marriage is prohibited by law due to the relationship between the parties.

* Infidelity exists in marriage, or partners are unfaithful

You can’t predict when knowing something extra about Annulments will come in handy. If you learned anything new in this article, you should print and file it where you can find it again.

A prepaid legal plan is a scheme based on the payment in advance of a set
fee to defray the cost of providing future legal services to the members
enrolled in the scheme. They vary in cost, scope of legal coverage provided
and how the legal services are provided. We will look at the different
types of pre-paid legal plans available in the United States and how to
enrol into them

An individual pre-paid legal plan is readily accessible to the general
public. There are two types of individual plans: access and comprehensive.
An access pre-paid legal plan is the most basic plan. It is designed to
give easy access to lawyer and a set of simple legal services for a low
cost. Basic services furnished include unlimited toll-free phone access to
your attorney for consultation and advice, letters written by the lawyer on
your behalf, brief office consultation and the drafting or review of simple
legal documents.

Complex legal issues not covered will be subject to an hourly or flat rate
negotiatable with your provider

The comprehensive plan goes beyond basic legal services, to offer more
complex and comprehensive coverage for a premium in cost. Generally, all
the benefits of an access plan are provided at no cost to you, plus a
broader range of services like drafting complicated legal documents,
negotiations with adverse parties, legal representation in court cases such
as divorce and child custody. They also cover all the costs involved in a
legal litigation. Comprehensive plans typically start at $300 per year and
are most beneficial to middle-class families.

A group legal plan is typically sponsored by an organization as a fringe
benefit to its members. The lawyer or law firm contracted provides free or
low-cost legal coverage to all members of the sponsoring organization.
Employers, labour unions and even universities are now increasingly
offering group legal plans to enhance the value of their benefits package
and reduce the cost of administrative burden. Law firms are contracted to
provide participating members telephone and office consultation for their
most frequently needed legal matters. These typically include: Preparation
of wills and trusts, document preparation and review, debt and real estate
matters and family law.

Additional legal coverage can be contracted according to a fee schedule
negotiable between the plan sponsor and provider, and publicised to
participating members.

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In just a few short weeks, President Bushs Bankruptcy Abuse Prevention and Consumer Protection Act will take effect. In a nutshell, the new law, which goes into effect on October 17, 2005, makes it more difficult to cancel your debts under Chapter 7 Bankruptcy protection. Instead, consumers will find themselves having to file for Chapter 13 Bankruptcy protection and paying back their creditors over a five year period.

Heres a look into some of the major changes that will affect consumers choosing to file for bankruptcy after the new law goes into effect -

Qualifying – Chapter 7 or Chapter 13?

To be able to qualify for protection under Chapter 7 bankruptcy, consumers will have to face a means test. The means test determines if your household falls above or below the median income in the state where you reside. Those whose total is greater than the state median income will not qualify to cancel debts under Chapter 7 protection and will alternately have to file under Chapter 13 and pay back your creditors.

The major intent of bankruptcy reform is to require people, who can afford to make some payments towards their debt, to make these payments, while still affording them the right to have the rest of their debt erased.

The amount you have to pay back under Chapter 13 protection will be greater because instead of a 3-year pay back period, that time frame is now extended to five years – to ensure your creditors get paid.

Credit Counseling

Anyone filing for bankruptcy under the new law will be required to go through mandatory credit counseling. Be careful before choosing a credit counselor as this field is filled with people looking to line their pockets while emptying yours.

To find a trustworthy counselor, check to see if there are any complaints against them or their organization filed with your local Better Business Bureau. Secondly, find out if they are certified by the National Foundation of Credit Counselors or the Association of Independent Consumer Credit Counseling Agencies. Finally, find out if they have not-for-profit status. Personally I recommend Consumer Credit Counseling Services as they meet all three of the above criteria. They can be reached at 1-800-888-2227 and can connect you with a local office.

The Cost Factor

Filing for Chapter 7 protection under the old laws normally cost under $1,000. You should expect to pay more under the new laws as filing fees have been increased by $60. Additionally, your attorney will be required to double check all your financial information which will take more of his or her time. Also there is greater liability imposed on the lawyer which may cause their liability insurance to increase, which gets passed on to their clients in the form of higher fees. Under the new law, many are expecting fees to increase between 25-50%.

Why Were the Laws Changed?

The bottom line is that major commercial creditors lobbied hard for reform. Companies like CitiBank, MBNA, and other credit card issuers actively contributed proposed amendments along with generous financial support to reforming the bankruptcy laws – and in their favor, according to many consumer protection groups.

If you have a marriage in trouble but you want to avoid divorce, you should know that you have great options for saving the relationship. The exact resources and tools used to put the broken pieces back together will depend on the reason for the problem. As an example, if your wife or husband was unfaithful, counseling can often help sort things out. Therefore, prior to doing anything, you need to identity the reason for the problem in the first place.

Other than infidelity, couples struggle with financial issues, which is a huge factor that can lead to divorce. Typically, both couples work full-time, which helps pay for the house, car, raising kids, paying bills, and even vacation. Unfortunately, many couples overextend, meaning they live on borrowed money. Of all factors, credit cards are the most common problem.

When more money goes out than comes in, massive stress takes over, leading to fights. Before long, the husband and wife are disagreeing on who makes more, what should or should not be purchased, who was at fault, and so on. Then to make matters worse, phone calls and collection companies begin to call wanting to know where the mortgage, car, or credit payment are. For the married couple, it soon becomes too much to handle.

If you find that you and your spouse are on the verge of divorce specific to problems with finances, for the sake of the marriage, go visit a finance advisor or credit counseling company to help get things back on track. In this case, counselors would act as the go-between for you and your creditors. In fact, these counselors are professionals who help set up a repayment plan and then work on a budget for the future.

Just because a married couple is having financial problems does not mean divorce is imminent. In fact, using a mediator or counselor can be a huge assistance. The reason is that the blame-game ends so the problem can reach a solution. Start by putting any differences aside and stop blaming each other. Then, create a solid plan for getting out of debt while also saving money.

Most importantly, to avoid divorce, start communicating. Unless you talk, you can never work things out. Keep in mind that good communication does not mean yelling, it means talking as adults. Therefore, take time so the two of you can sit down face-to-face to discuss the current situation, regardless of the problem. If anger is too high, the services of a professional marriage counselor can help. Just remind yourself that it takes time but with dedication and determination, divorce can be avoided.

During the matter of my divorce (that’s lawyer talk – it’s always the matter of this and the matter of that), I spent about $30,000 on three different attorneys in an extremely frustrating effort just to be able to see my own children. As each lawyer failed to obtain one single worthwhile benefit for me, I fired them and hired another one. I couldn’t help but notice that I was never allowed to speak directly to the judge and I felt that these people were not saying what I wanted them to say as well as I could. So in the end I fired them all and decided to represent myself in court In Propria Persona (as my own attorney). It was then that I learned the most important lesson of all:

The hard truth of the matter is that attorneys have to work with the judges and with the other attorneys every day. A client is just a client and when the case is over, it’s over and they need to get on with the next one. It’s really all about careers and about relationships, and the attorneys’ daily business relationships are with other attorneys. They have ethical guidelines which compel them to show respect even if they don’t like each other. But when it comes to the judges it’s not a matter of like or dislike. The judges are little gods and the reality is that they have huge case loads which just get larger no matter what they do, and the attorneys understand that the way to help the judges is to move the cases through court as quickly as possible. Help a judge do that and you’re on their good side. Take too long with one particular client and you’re not. DON’T PISS OFF THE JUDGE or the judge will find a way to take it out on you and you will not like it when that happens. One particular judge actually said to me “I don’t get angry, I get even”. Attorneys don’t have to be told that, they know it. They understand that a career can be lost by alienating a judge and that relationships can be jeopardized by alienating their peers. The vast majority of attorneys will not risk their careers or jeopardize their professional relationships for any one particular client.

So does anybody really need an attorney? The law actually implies that we don’t because we are given the right to represent ourselves in court if we choose to. Does anybody really want you to know this? Definitely not, because if everybody represented themselves, how would all the law school graduates make a living? But here’s the big problem. When you think you need an attorney, it’s almost always because you’ve gotten into some kind of serious trouble and you think that the stakes are too high if you lose. It’s kind of like needing a new roof. Nobody even thinks about their roof until it’s too late and the thing is leaking uncontrollably. And it’s only then that they find out how incredibly expensive a new roof is, and how impossible it is to educate yourself properly on the subject in order to know how to spend all that money and not get ripped off. Similarly, until you’re in serious trouble, you probably don’t even think about having to choose an attorney. And now the stakes are much higher than when you need a new roof because with the roof, the great danger is spending a lot of money and not getting what you paid for. With your legal difficulty, it could be about having to go to JAIL, not to mention spending a lot of money on an attorney and then having to go to jail. So when you’re in that situation, the conventional wisdom is unanimous – get the best attorney you can afford.

So you bust your budget and make your selection. You sit there in court and watch the attorney do his/her job. How are you supposed to be able to know whether the best possible job is being done for you? There’s no way to know because you don’t understand the game that’s being played out. After all is said and done, the judge calls both attorneys into chambers and the goal of the meeting is to find a compromise solution that will move the case out of court. The attorneys do their thing and then they come back into court and tell you, “This is the best possible deal you’re going to get. Trust me. If you don’t take this deal, you’re going to make the judge angry and you will never get this deal again.” What can you do? Nothing. You just lost.

But if you ever make the decision to represent yourself in court, you’d better understand how to behave properly or you will really piss off the judge. Here are the basics of good courtroom behavior:

1.Don’t digress. Make your points quickly, logically, and in logical order.
2.Always look the judge directly in the eyes when talking.
3.Forget your ego and just grovel. Say “your Honor”, “with all due respect”, “forgive my ignorance” and things like that.
4.Dress well. Notice that the attorneys all wear suits. Now why do you think they do that? Because they all own stock in Brooks Brothers?
5.When you do get your chance to go back into chambers, follow rules 1 through 4 again.

If you can master these basics, you will find that an amazing thing happens. The judge will be entertained by you simply because what you’re doing is very rare and it’s not what they have to sit through every day. If you’re good and stick to the basics, the judge will bend over backwards to assist you. Of course, there is the matter of knowing the law and proper court procedure. It’s possible to lose a case just by missing a trick and being beat to the punch by your opposing attorney on a simple point of order. So . . . do you need an attorney? Probably you do, but maybe you don’t. I didn’t.

For her traumatic wounds to heal, the victim of abuse requires closure – one final interaction with her tormentor in which he, hopefully, acknowledges his misbehaviour and even tenders an apology. Fat chance. Few abusers – especially if they are narcissistic – are amenable to such weakling pleasantries. More often, the abused are left to wallow in a poisonous stew of misery, self-pity, and self-recrimination.

Depending on the severity, duration, and nature of the abuse, there are three forms of effective closure.

Conceptual Closure

This most common variant involves a frank dissection of the abusive relationship. The parties meet to analyze what went wrong, to allocate blame and guilt, to derive lessons, and to part ways cathartically cleansed. In such an exchange, a compassionate offender (quite the oxymoron, admittedly) offers his prey the chance to rid herself of cumulating resentment.

He also disabuses her of the notion that she, in any way, was guilty or responsible for her maltreatment, that it was all her fault, that she deserved to be punished, and that she could have saved the relationship (malignant optimism). With this burden gone, the victim is ready to resume her life and to seek companionship and love elsewhere.

Retributive Closure

When the abuse has been “gratuitous” (sadistic), repeated, and protracted, conceptual closure is not enough. Retribution is called for, an element of vengeance, of restorative justice and a restored balance. Recuperation hinges on punishing the delinquent and merciless party. The penal intervention of the Law is often therapeutic to the abused.

Regrettably, the victim’s understandable emotions often lead to abusive (and illegal) acts. Many of the tormented stalk their erstwhile abusers and take the law into their own hands. Abuse tends to breed abuse all around, in both prey and predator.

Dissociative Closure

Absent the other two forms of closure, victims of egregious and prolonged mistreatment tend to repress their painful memories. In extremis, they dissociate. The Dissociative Identity Disorder (DID) – formerly known as “Multiple Personality Disorder” – is thought to be such a reaction. The harrowing experiences are “sliced off”, tucked away, and attributed to “another personality”.

Sometimes, the victim “assimilates” his or her tormentor, and even openly and consciously identifies with him. This is the narcissistic defence. In his own anguished mind, the victim becomes omnipotent and, therefore, invulnerable. He or she develops a False Self. The True Self is, thus, shielded from further harm and injury.

According to psychodynamic theories of psychopathology, repressed content rendered unconscious is the cause of all manner of mental health disorders. The victim thus pays a hefty price for avoiding and evading his or her predicament.

Pre-paid legal plans come in a variety of types depending on the scope of
legal coverage they provide.

The most basic pre-paid plan is designed to make the simple legal services
readily available to the general public at low cost. These plans typically
cost between $10 and $30 per month, billed in advance.
You get unrestricted toll-free number telephone access to a lawyer for
legal advice and consultation. You can also make brief office consultations
to talk to your lawyer about any legal problems you may be encountering.
Your lawyer can also write to letters or make phone calls on your behalf.
This can help resolve many problems before they escalate further.
Other services provided are not overly time-consuming: the drafting of your
will to distribute your property after your death, review of your trust and
any other simple legal document.

If you require any other service beyond the scope of a basic plan, then you
can either pay discounts on regular lawyer fees or pay a premium to upgrade
to a more comprehensive plan.

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They say the only things in life that are certain are death and taxes. For the sole trader, this is definitely the case, and at times it can seem like an overbearing pressure. Thankfully, for the sole trader there are many ways in which you can minimise liability to income tax and leave more in your bank account at the end of the month. In this article, we will look at some of the key features of tax management from the perspective of the sole trader, and some of the ways in which the sole trader can minimise the legal consequences of his operation.

As a sole trader, you are usually accountable for your profits in terms of income tax. This can be particularly problematic, given that the structure of income tax in most jurisdictions is a fairly heavy burden on the citizen, particularly those with higher incomes. The first thing that should be considered is incorporation. As a corporate entity, you will be required to handle more paperwork, but ultimately it will save you money. Corporation tax on profits is lower than income tax in the majority of situations, and dividend income carries less taxable weight than other income, for example wages and salaries. The first thing to do, as a sole trader within the top income tax bracket, is to incorporate, which could potentially save thousands every year.

The sole trader must be aware of the fact that there are certain items that cannot be discounted from income. In fact, certain everyday items must be declared and must give rise to tax. For example, say a self-employed solicitor is given a bottle of fine wine by a particular client every year as thanks for his service. This wine, although not initially apparent, will usually require declaration for tax, on the basis that it is an ongoing gift or benefit arising from employment. It is therefore important to watch what is included and what is ignored from your tax return. If you are at all unsure, it is better to include an item and pay tax, rather than running the risk of neglecting to mention its existence. Alternatively, it may be a good idea to consult a specialist on the particular laws of your jurisdiction, and to determine whether or not it would be possible to avoid liability.

Another important thing to remember is that there may be certain personal capital gains liability for disposal of a primarily business asset. As a sole trader, this means you will be liable to account for the disposal of the asset and any capital gains at market value, which can be a costly business. Again, it is probably advisable to consult a tax lawyer or tax adviser to minimise liability on disposal and to manage your tax liability more effectively.

Tax law is a particularly intricate area of the law, and one that is in perpetual change. This means the small business owner is required to keep one eye on tax developments to avoid being caught out, which means there is less room for focus on the core areas of business and making money. Alternatively, the advice of a tax specialist can be invaluable in minimising overall liability and ultimately saving money from your tax bill every year.

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Separation is a challenging time for many parents because it is an adjustment to a new way of life. There are both positive and negative factors to separation and the corresponding changes, but one of the issues that can arise is the differences that parents may have in the ways that they parent the children. The key point or focus that parents need to address is that they must put the best interests of the children first, and that their role is to continue to be the best possible parents to their children, even though they no longer live in the same home.

In order to put the interests of the children first parents that are separated need to consider the following issues, and determine how they can accomplish the goal of putting their kids first and provide love, safety and security for their children.

Communication

Maintaining the lines of communication is critical to continue successfully parenting the children. Many incorrect assumptions are made that the other parent is aware of scheduling changes, school events, outings or other issues affecting the child. Often parents expect children to be the messengers between them, and this is a very difficult and emotionally harmful role for you child to have to play. Parents should discuss and determine a method that will allow them to continue to communicate about the children and to work together to make decisions in the best interests of the kids. This communication may be done by fax, email, voicemail, phone calls or
face-to-face meetings, depending on the level of comfort or conflict.

Flexibility

No matter how carefully you plan or schedule your life there are always things that come up out of your control. As parents it is important to realize that this can happen for you, your ex-spouse and your children. Try to be as flexible as possible and allow the other parent and the children to have time together whenever possible.

Joint decision making

If you are able to communicate as coparents it is important to keep in mind that joint decision-making is usually in the best interests of the children. For difficult or major decisions it is helpful to get the other parent’s input and opinion to prevent further conflict down the line. Most parents want to be a part of their children’s lives even if they don’t live in the same home as the children, and using a joint decision making process helps them stay connected to the children and helps to provide a sense of security for the children.

Stay positive about the other parent

It is important to allow the children to have the most positive relationship that they possibly can with both of their parents. The more positive, respectful and civil that Mom and Dad can stay with each other the more comfortable, secure and stable the children will view their new lives. Children need to understand that separated parents are still Mom and Dad, and will still continue to be a part of their lives, even thought they live in different homes or even in different communities.

Keep explanations to children as simple as possible, and avoid any negative comments about the other parent. As separated parents stay flexible, communicate openly about the children and allow maximum contact between your children and the other parent.