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[18 Feb 2013 | No Comment | ]

Website owners are often held liable for the things posed on their websites. Because they own the site, they are seen as allowing other posts to be viewable by the public. This includes things that the site owner writes or posts personally as well as anything that another poster may put on that site.

Anytime that you allow other users to post content on your website, it is your responsibility to monitor that content and ensure that it is not violating any laws or regulations. It is essential that you have your website set up so that users must accept your terms and conditions before they are allowed to post. If for instance, you have a blog that you allow users to post comments on or you allow guest posts on your blog, you need to ensure that the content being posted falls within the appropriate guidelines.

When you require that users agree to terms and conditions it basically indemnifies you and frees you from responsibility for any posts that can cause issues regarding copyright infringement, defamation and other legal liabilities. Even with your terms and conditions however, you are still somewhat responsible for ensuring that the content on your website is not leaving you open to liabilities.

You cannot simply have a disclaimer that states that you are not responsible for the content on your site. You are liable for content that is posted on your website as its owner and in many cases, you can be sued or penalized when that content breaches certain liabilities. You should monitor your website on a regular basis to ensure that none of your content is breaching any laws or regulations.

If your site involves selling services or products for others, such as in the cases of affiliate sites, you could also be held responsible for any misrepresentation of those products or services. If a product for instance breaches warranty or consumer production laws then you could be held liable. You have to ensure that you enforce responsibility for advertisements from your advertisers. In other words, ensure that you have alerted them that they …

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[2 Feb 2013 | No Comment | ]

If you are facing prison time due to a conviction, there are things that you should know about the appeals process. Anyone who has ever watched crime dramas on television may have a basic understanding of how appellate courts work. If you are facing time in jail however, it is important that you have more than just basic knowledge of the appeals process.

When a party is not satisfied with the decision of the court after a trial, that party has the right to appeal the court’s decision to a higher court. This higher court is the appellate court. The appellate court is responsible for reviewing the decision of the original court and determining if that decision will stand. If the defense or the prosecution feels that the court’s decision was wrong, they can take this decision to the appellate court and attempt to get that decision overturned.

Defendants in criminal cases are permitted to appeal the court’s decision and to try to convince the appellate court of their innocence. The prosecution is not permitted to appeal criminal cases when the defendant is found innocent as this violates the Fifth Amendment pertaining to double jeopardy. The appellate court will examine the case and ensure that all rules of law were followed properly. Instead of actually determining whether they feel a defendant is guilty or innocent, this court simply reviews the original court case to see that all rules were followed and to ensure that no serious legal errors were committed during the trial.

If an error is found, this could be grounds for the verdict to be reversed which in most cases would free the defendant from all charges. If you were convicted of a crime and you feel that your case was not handled properly, it is well within your rights to retain an attorney and file an appeal to see if you can get your verdict overturned.

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[26 Jan 2013 | No Comment | ]

Estate planning is an issue that affects many people. Unfortunately, most have no idea of how to go about securing the financial future of their families and never properly plan for that future. If you have ever thought of drafting a will and planning for where your property will go upon your death, an estate attorney can help you to ensure that all of your affairs are in order.

Estate planning simply ensures that all of your assets go to the people whom you want to have them. For instance, if you own more than one home and you want each of those homes to go to certain people in your life, estate planning will ensure that all of the arrangements are made for this while you are still living so that after you are gone, the transfer of those properties will go smoothly.

You have certainly heard horror stories of families fighting for the assets of a loved one after their death. This can completely be avoided when you plan appropriately for the future. An attorney can help you to distribute your assets to your loved ones and ensure that everything is legal and binding so that there will be no conflict after your death.

You will need to ensure that you select a trustworthy attorney to assist you in planning your estate and preferably one that has a bit of experience in these types of tasks. Your attorney will help you to plan out your last will and testament and ensure that your wishes are carried out upon your death. Most people prefer not to discuss death and many fail to plan appropriately for the future of their families. By drafting a will and properly planning today, you can ensure that your family is well cared for in the future.

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[25 Jan 2013 | No Comment | ]

Buying that house directly on the beach or a cottage on the lake may seem like a dream come true but waterfront property often has legal issues that can quickly turn your dream into a nightmare. In order to live in your dream home on the water, you have to understand what legal issues you may face and how to correct these issues.

Understanding various legal terms related to waterfront property is important. You should know exactly where your boundaries are and what you can and cannot do on the water before you buy. Littoral property for instance refers to property that has a boundary line on a lake, ocean or water inlet. Understand however that just because a certain property may be lake or oceanfront does not mean that you receive rights to that water. There must be a waterline boundary in order for a property to be considered littoral or true waterfront property.

If you are set on buying waterfront property, you have to learn about any restrictions that may involve the land or water that you are planning to buy. Some properties have certain rights such as building a pier and may also have responsibilities that require you to keep the water clean and prevent erosion. There may be restrictions place on the property that you want to buy. Examples include prohibiting building additions or adding second stories to the house.

Before you buy a waterfront property, it is essential that you speak with a real estate attorney and preferably one who has a bit of experience in waterfront properties. Your attorney can help you to weed through all of the legalities of the property that you want and help you to determine if this is truly going to be your dream home or whether perhaps another property may be a better choice.

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[24 Jan 2013 | No Comment | ]

Anyone going through divorce knows that the process can be difficult both emotionally and legally. Divorce laws differ greatly from one state to the next and knowing what laws affect you is important. If you are going through a divorce, it is essential that you have an attorney who practices in your state and someone who knows current regulations regarding divorce laws.

There are things to consider in every divorce and most states have differing view on things like legal grounds for the dissolution of marriage, child support and custody, spousal support, division of property and assets and other aspects. It is essential that you know your state’s regulations and that you comply with those regulations in order to protect yourself. Some states are considered community property states and these laws pertaining to divorce are much different than those that are not community property states.

In order for you to retain the property that is rightfully yours, you need an attorney who knows the laws in your state. Finding a legal firm that specializes in divorces is often best. Someone who has experience in representing divorcing clients can help you to ensure that everything is done legally and that you retain any and all property that was yours prior to your marriage.

A good divorce attorney is not going to be much help with the emotional aspects of divorce. He or she can however ensure that the legalities of your ending marriage are all taken care of properly. You need someone with experience in spousal and child support if these issues are present and someone who can help you to prepare for your divorce hearing. Knowing that your divorce is filed properly and that everything is signed on the right dotted line can help to take the stress out of the divorce process.

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[21 Jan 2013 | No Comment | ]

Probate, quite simply, is the legal process taken to register and validate a will. If a loved one has recently died, a Grant of Probate must be given to the Executor of the will in order for them to oversee the correct distribution of the deceased’s estate.

To obtain a Grant of Probate, you must register your claim to the Probate Registry offices by filling out the relevant forms. This process can sometimes take as long as 12 weeks; which is highly inconvenient for families who are trying to get their finances in order.

Probate is needed for the sale of a property, the release of money over £15,000, to access and deal with shares and to release funds after a death benefit policy.

This is why probate is so important, as when it comes to the division of an estate, it is almost impossible to move this process along without a Grant of Probate.

What you need to obtain probate?
In order to obtain probate there are three things that are of the utmost importance. These are the death certificate of the deceased, the original will and a list of the deceased assets.

Although other requirements may be necessary, all probate offices require these essential three before considering providing a Grant of Probate.

Why you should hire someone to deal with probate?
If you apply for assistance on probate from the Co-Op you can be sure that you are getting a highly professional service that is used to dealing with Probate Registry offices, and will know how to get the job done as quickly as possible.

By offering a fixed price, you know that you will not have to pay to sizeable hidden fees that some solicitors offer.

Similarly, in most cases the Co-Op can obtain the Grant of Probate within 5 weeks, meaning that you will have to worry less about financially supporting your family on your own.

Do I need probate?
Whilst it is often the case that you will need a grant of probate to release funds, this is not always the case, especially if the deceased’s savings were less than £5,000.

However to speed …

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[20 Jan 2013 | No Comment | ]

Child support is an issue that many parents deal with after divorce. Children are negatively impacted when their parent’s split up. Child support is designed to help children to maintain some portion of their former life. The absent parent or the one who does not have primary custody is often ordered to pay support in order to help care for children and ensure that they have everything that they need. The amount of support ordered is dependent on a number of different factors.

One thing that will affect how much child support is to be paid is the number of overnights that the absent parent has with the children. This is of course dependent on what state the parents live in. Different states have different rules governing child support payments and amounts. In general, when a child stays with the absent parent 50 percent of the time, child support payments are typically lower than average.

Often the largest determining factor in the amount of child support to be paid is the income of the absent parent. Child support is typically set at a specific percentage of the parent’s income per child. When more than one child is present, the support payments are higher but the actual percentage amounts may be a bit lower. This is something that can be difficult to determine for those without prior experience. When children are involved in divorce cases, it is often a good idea to retain an attorney with experience in dealing with child support issues in order to ensure that payment amounts are set properly.

An attorney with experience in these cases will be able to help the parent to set the proper amount and for those having difficulties in collecting child support, an experienced attorney can help to ensure that payments are made. If you are dealing with divorce and have children born of your marriage, it may be time to hire an attorney to advise you on your case.