Monthly Archives: October 2015

Outsource Court Reporter Services for the Legal Process

If your association will soon be confronting a court trial, the strength of your case will at first be predicted on the nature of witness depositions. From working environment damage claims to breach of contract cases, companies that would like to succeed in the courtroom should deliberately choose whom they procure as a court reporter. While the best court reporting service can inspire depositions that are clear, liquid and compact, court reports that need professionalism or the correct preparing can create depositions where witness’s answers are obscure, partial or verbose.

Technical knowledge:

Since the legal field is one of the most established callings on the planet, we regularly take an antiquated perspective of what constitutes the perfect lawful professional, concentrating on a singular ability rather than how well he or she transmutes that ability into today’s technological mediums. As far as court reporting, there are two fundamental technological services that you should search for in a court reporter services: intelligent ongoing reporting and remote Internet access. Constant reporting permits organization authorities to take after a case as it plays out progressively, making it conceivable to talk about the case without the individuals who are most acquainted with it “getting up to speed” the individuals who are definitely not. Web access to deposition records is an urgent time sparing apparatus too. As opposed to taking care of cumbersome transcripts, authorities can rapidly survey depositions from any internet terminal.

Selection Process of a Reporter:
There are various variables that different immaculate reporters from average reporters, including : knowledge, level of preparing and individual execution. The best court reporting offices offer just experienced reporters. While new reporters may be as capable as experiences ones, their ability is hard to judge without a more extended work history. In addition to knowledge, the best court reporter services additionally have preparing that permits them to address the issues of today’s court procedures, including: facilitated conveyance, intelligent continuous reporting and feature/content synchronization. At the point when a reporter has the right level of experience and preparing, his or her esteem is at last dictated by individual execution. Faultless court reporting offices just contract reporters that show quantifiable accomplishment, regardless of their level of experience and training.

Professional experience:

Since a deposition could undoubtedly go from being an agreeable meeting to a go head to head between court reporter and witness, its fundamental for court reporters to have a level of professionalism that permits them to stay fair-minded amid depositions. A professional reporter will see how to record a witness’s feelings and non-verbal practices and cease from interfering with the witness, while not as much as professional court reporter services have been known not and goad a witness, which can endanger the clarity of a witness’s reactions and their general state of mind toward the deposition process.

Tort On Negligence

DEFINITIONS:

TORT:

In common law jurisdictions, tort is a civil wrong although in certain circumstances it is also treated as a criminal case e.g. in cases of assault. It is recognized legally as a basis for an action of a lawsuit. Torts are considered under the law of obligations. Duties imposed under tort law are considered mandatory for all citizens unlike voluntary obligations imposed under contracts. If a person commits a tortuous act, he/ she are legally a Tortfeasor. Tortiuos acts include breach of duties imposed under statutory laws, causing bodily harm to other people, property, or infringing on another’s legal rights.for there to be a case under tort

NEGLIGENCE:

This is a legal concept that is usually used to acquire compensation for injuries suffered or accidents met. It is a civil wrong actionable under tort law. Negligence involves behaving in a manner that lacks the legality of protecting other people against foreseeable risks. Under common law for there to be a case under negligence then the following elements must be satisfied.

Duty of care

Breach of the duty

Experience of harm arising from that breach. Donoghue v. Stevenson [1932] AC 563, 561

INTRODUCTION:

A case of tort on negligence is only successful if the following five elements are met. Firstly, a duty of care must be evident. Donoghue v. Stevenson [1932] AC 563, 561. Given this fact, we also need to know whether the consequences of the defendants act were reasonably foreseen. In case of the family friendly fishing company and Neil, they are legally liable for the immediate harm caused to June and Gina. Kent v Griffiths (2000). In the case of jack versus the Gosford hospital, jack has no legal case against the hospital since the emergency landing that arose was not reasonably foreseen. Topp v London Country Bus Ltd (1993).

In addition to this, Gina and June have a legal case against the family friendly fishing company since there was legal proximity of relationship through the contract of hiring the boat. Home Office v Dorset Yacht Club (1970).

June and Gina have action against Neil and the family friendly fishing. This is because the company and Neil are professionals in this field and yet they breached the duty they are entailed to do. Bolam v Friern Barnet Hospital (1957).

June has no case against Grosford hospital since the process through which she lost her arm is normal since it does happen. In addition, the hospital done the best it could to help her and thus they cannot be accused of negligence.

The Mickey family and the Grosford hospital could all sue the family friendly fishing for damages. However in mitigation the company could claim that there were multiple causes for the injuries suffered, Wilsher v Essex AHA (1988).

On the issue of Gina and June the company could claim that the presence of the rare fish on the new south Wales coast was not a common thing and thus the fish could be a contributory factor for June and Gina’s accident.

On the issue of the Grosford hospital, the family friendly fishing could claim that the helicopter taking an emergency landing could have been a contributory factor to factor to June’s loss of her hand.

Jack may have a legally binding case against the Grosford hospital. Although this is, the case jack would end up losing at the end. This is because firstly there was no relationship of proximity either legal or physical between the incidents that triggered his condition. Caparo v Dickman (1990). In addition, the hospital could claim vicarious liability since at the time of the incident the hospital was on an external mission at the request of the family friendly fishing company.

Although Neil is liable for June and Gina’s initial accidents he is well protected by law. Although June and Gina have a case against Neil, Neil could claim protection under the vicarious liability clause.The vicarious liability refers to the notion that a person can and do become responsible or liable for other people’s liabilities because there exist a legally acceptable relationship. Such relationships might include parent-child relationship, or an employer-employee relationship. In this case, the family friendly fishing could be held liable for Neil’s liabilities since they are the employers.

Between the concerned parties, the most liable party is the family friendly fishing company. This is because all the parties concerned in the melee can all sue the family friendly fishing company. This is because the company’s negligent actions are the reason why each involved party is at a loss. The company should prepare itself for lawsuit and the family friendly fishing company should brace itself, to be legally prepared to pay special damages, general damages as well as punitive damages. On top of this, the company should also be prepared for the courts to issue an injunction against them if it is deemed necessary.

CONCLUSION:

The five elements of negligence should be recognizable under tort law. However, as professor Robertson of Texas University has noted the five elements needs to be kept separate, this is because in practice there arises lots of conceptual mistakes or confusions.

The use of vicarious liability as a defense against a case of law on tort of negligence has widely been disputed over its rationale. Many scholars have argued that the use of vicarious liability is only intended to find legally a more solvent defendant.

In a legal perspective, the family friendly fishing company is supposed to pay special and general damages to Gina and June. This is because the company has caused the two irreparable damage because of its own negligent activities.

Damages awarded are usually compensatory but not punitive in nature. For the sake of the family friendly fishing company, the damages it would have to pay would most probably include a punitive element. The punitive element would arise if the employee, Neil would declare that indeed he had asked the company to change the boats gear, although the company declined. This refusal of the company to use standard tools for profiteering reasons would be termed as an act of maliciousness or acting in an callously indifferent way.

Strengthen Your Case With Long Island Lawyer

Legal matters can occur without a prior information and have full ability to put either involved parties in the dilemma and inconvenience. Many of us don’t have such spare time to go beyond the stated priorities and preferences to resolve these legal matters. You therefore need to avail services of expert and dedicated Long Island lawyers who can extend your legal matters to the competent to allow expected and permanent resolutions of the legal issues. These legal professional assist clients in all their legal needs. They charge very reasonable and affordable cost of the consultation from the beneficiary party and above all guide them across the litigation and hearing process.

The professional functioning of Long Island lawyer is pretty wide and comprehensive and are executed with the utter responsiveness and serious approach. Their legal services segment is widely arranged and contain a number of service spectrum including Business Organizations, Real Estate, Personl Injury, Family Law, Bankruptcy, Business Law, Criminal Law and Migration Law. Long Island laweyers that deal in litigation and trial matters, practice their services to extend cases in other fields also including medical and professional malpractice, products liability and construction and labor law.

Beyond above quoted services, they also have upper hand in resolving legal hassles including casualty and personal injury, employment law and environmental as well as municipal liability laws. A core group of bankruptcy lawyers help customer in their bankruptcy filing process. If you are not aware about the prevailed bankruptcy laws and their relevance in the current market scenario, a Long island bankruptcy lawyer is the best help you may ever achieve. A good bankruptcy lawyer help customers to fix negotiations on behalf of the creditors involved in the process and creates a pathway to ensure financial estability and debt consolidation for the beneficiaries.

These lawyers are well versed with the cases of medical malpractices to resolve the disputes pertaining physicians, dentists, cardiologists and podiatrists. Those lawyers who deal in the medical malpractice services, carry extensive experience in the trade and expertise in catering numerous clients in some of the very critical trials. In the service domain of criminal law, they come handy with the mechanism of current criminal justice system with all its pros and cons. These expert Long island lawyers take the criminal proceedings of their clients further to manage and maintain their liberty and reputation. In case, you are rattled with some legal hassles on personal or professional front, request some credible services of prominent attorneys and lawyers to resolve the conflict.

Is Nitrous Oxide Illegal or Legal?

In the United States, the possession of nitrous oxide is not illegal especially when it is used for medication given by a professional doctor or dentist. It is considered illegal (in other states) if it is used for personal consumption. It is prohibited by the law to inhale N2O to get high.

Most localities in the US consider the consumption and possession of N2O legal. The gas also known as “nitrous” is used to boost speed and power of vehicles (although the engine combustion sometimes causes violations of the traffic laws). In this case, the government is requiring a certified system component to avoid arresting drivers with automobiles set with N2O.

Legality

Federal law

The federal law of the United States recognizes possession of nitrous oxide, legal. The legality of the gas is governed by the Food, Drug and Cosmetics Act of the Food and Drug Administration (FDA). The FDA regulates the sales and distribution of N2O and not the possession.

The Food, Drug and Cosmetics Act states that the prosecution is only possible for “misbranding” clauses. It only prohibits the sales and distribution of N2O for the purpose of inhaling the gas. The intention of the buyer for recreational purposes should be proven by the court.

State Law

Every State have different regulations in the possession, sales and distribution of N2O. The law does not ban the possession and distribution completely. It only bans the market of the gas to the minors; another is by setting up a limit for the amount to be sold. It basically restricts the sales and distribution of N2O used as a recreational drug. Stores are required to get a special license for this operation.

Mainly, nitrous oxide is only legitimate when it is intended for human consumption under the care of a licensed physician. Some States determine the gas as illegal if it is inhaled for intoxication purposes. While other states deliberate the purpose of inhaling the gas is a crime.

Another legitimate use of nitrous oxide is for vehicle racing. It the so called “nitrous oxide system” of automobiles. However, there are reports that some drivers are caught by police with vehicles equipped with N2O on the grounds that they might utilize the gas as a cheap “drug.” The automobile upgraded with N2O is mixed with sulfur dioxide making it impossible to inhale. Some vehicle racing competitions ban N2O. The drivers of the racing cars set with N2O will be subjected to disqualification or suspension if proven guilty.

Legal Advice

If you will be charged of illegal possession or illegal sale and distribution of nitrous oxide under the state of federal law, you should contact a criminal defense lawyer. The lawyer will explain the laws and regulations that govern the drug to the person guilty of the crime. The legal officer will let you understand the case and the rules in your place and will explain the possible defenses that will let you win the case or at least lessen the punishment.

Legality Of Bad Job References And How to Overcome Them

Job seekers searching for a new job will have no choice but to go through a reference and background check. Today, employers choose to not only speak with your former employers, but also verify your credit, and conduct a criminal background check depending on the position for which you apply.

When it comes to checking your job references, employers will want to speak with two groups within your previous employer’s organization. First is Human Resources where they can find out about your employment dates, job title, salary, and your attendance.  Second are people who have first hand knowledge of your actual job performance, your ability to communicate, meet deadlines and your interpersonal and leadership skills. Typically, the best people to address these types of qualities are those who have worked with you directly – supervisors, peers and subordinates. But, what are these individuals legally allowed to say?

Legal Reference vs. Slander

According to the Webster Dictionary, slander is also known as “oral defamation,” or telling one or more persons an untruth that will harm someone’s reputation. When one person slanders another, there may be legal consequences. However, a  employer saying “he would not re-hire that person, or declare the said person is ineligible for re-hire” is not an attempt to harm someone’s reputation, it’s legal for an employer to provide such a negative reference of a current or past employee as long as the information is factually accurate

Because many companies are concerned about being dragged into a lawsuit, many employers choose to implement job reference-checking policies, which state that callers must be referred to human resources and that only limited information, such as dates of employment and job titles, will be verified.

How to Get the Job References You Want

The entire concept behind building job references is to provide a list of individuals that can attest to your character and job performance. So, your first step should be to create a list of past supervisors, peers and subordinates who can provide a job reference for you.

When you provide contact information, make sure to include each person’s proper name, job title, organization, and a phone number where they can be reached. E-mail address is another huge plus since many employers find it easier to communicate and get a higher response than by phone. E-mail request for references also provides the perspective employer a more detailed record.

How to Deal With Bad Job References

Most employers want to seek out information from past supervisors. So if your reference list includes your mom and some buddies, and maybe a fellow co-worker, understand that most employment verification forms request the supervisors name, title and a contact number to be reached.  After all, everyone knows that the average job seeker is going to provide the names and numbers of those willing to endorse them. So, if you have skeletons in your closet, deal with them before your begin compiling job references.

According to an article by Alison Green, chief of staff for a medium-size nonprofit, you have three options:

  • Call your bad reference giving ex-boss and negotiate what he or she will say.
  • If you’re concerned your ex-boss is spreading misinformation, go straight to human resources and explain the situation.
  • Advise prospective employers in advance that the reference won’t be flatering, then be prepared to spend half the interview explaining why that is.

The whole concept of good job references is to present yourself in the best light possible. If you can’t offer up a long list of people who are willing to endorse you and all else has failed, you may wish to research some online job reference providers who may be able to help you.

Contract Law In The Kingdom Of Thailand

A contract is an exchange of promises between two or more people for a particular purpose. It is a legally enforceable agreement that generates a commitment to do or not to do something. The central part of most contracts is a set of shared promises. The promises are made by the parties that describe the privileges and obligations of the parties. The term ‘party’ can mean an individual, company or corporation. No matter what kind of contract you take, having an understanding of contract law is a central part to establish sound business agreements that will be lawfully enforceable in the event when a clash arises.

In Thailand, the contract law is controlled by the Thailand Civil & Commercial Code (TCCC) and other Thai legal authorities. The contract is a comprehensive description of the obligations and duties and the time limit for performance of the parties. The law gives the parties comparatively broad freedom to agree any terms. The general rule of contract under the TCCC is that the contract is binding and concluded where the offer is accepted and the recognition is communicated from the offeree to the offeror. All contracts should be given in the form of a written document signed by the two parties. One of the major risk areas is that the laws especially restrict activities of foreigners, such as the Foreign Business Act and Land Act.

As in any common law system, concluding a contract requires offer, acceptance, formality, consideration and intention to create a legal relationship. The contract encompass terms that are expressly agreed upon by the people as well as implied conditions that were not particularly arranged but implied into the contract by act or court explanation. In general, implied terms may not be inconsistent with the express terms of a contract. At common law, courts would usually imply a term into a contract if it is necessary to provide effectiveness to the contract from a business point of view.

Actually there are two different areas where the place of the contract becomes important. The foremost is the selection of law clause. It describes the law of which nation will apply. The second is the choice of forum clause that specifies which nation a complaint may be filed and a legal case may be enforced in court. Notice of the terms must be given at or before concluding the contract. The terms must be referred to or contained in a document that was projected to have contractual effect; and reasonable steps must be taken to bring the terms to concentration of the other party.
The TCCC states that the laws of that country will apply if the parties are of the same nationality. However, if the parties are not of the same nationality, the law of the country where the contract has been made will apply. For instance where a contract has been made between parties at a distance, the country where the contract is deemed to have been made is the country where notice of the acceptance reaches the seller. If such a place cannot be determined, the law of the country where the contract is to be performed shall govern.

Agreements between foreigners and Thai nationals are enforceable in Thailand. Real estate, purchase and sale of property, hotel and property management, guarantees, construction are the important contracts that are entered into between foreigners and Thai partners. Shareholder agreements, employment, trust agreements, loan, joint ventures, franchising, licensing and distributorship are other types of contracts that are found to be very common. According to TCCC, if a contract of sale is subject to a time clause or to a condition, the ownership of the property is not transferred until the condition is fulfilled, or the time has arrived. The completion time of the contract of sale is referred to hereafter as the time of sale. The costs of a sale contract are paid by both parties equally.

If a disagreement over a contract arises and informal attempts at resolution fail; the most common method used to enforce contracts and resolve contract disputes is through the court system and lawsuits. Courts and formal lawsuits are not the only option for people and businesses involved in contract disputes. The parties can have a mediator to review a contract dispute, or may agree to binding arbitration of a contract disputez

Affects of Personal guarantee contract

An indemnity is a promise of assurance to be responsible for another loss and to compensate on the agreed terms. Indemnity creates the principal nature of liability.

There are three parties involved in the contract of guarantee such as the surety, principal debtor and the creditor. While there are two parties involved in indemnity such as indemnifier and indemnity holder.

It was held in “Yeoman Credit Ltd v Latter (1961)” that an indemnity is a contract by one party  to keep the other harmless against a loss.

What is a personal guarantee?

A personal guarantee is usually required by the lender when a business requires a loan and does not have other assets to secure the loan. A personal guarantee is a legal document that secures the loan of company against individual assets. The guarantor is liable to perform his obligation when the company fails to do so.

In fact a personal guarantee is a legal undertaking by an individual to pay the loan when borrower fails to do so. Mostly banks require the personal guarantee from such businesses those have no previous credit record. Personal guarantee creates the problems for both sides when enforcement occurs.

Legal Requirements

Statue of Frauds (Ireland) 1695 requires that guarantee must be in written form and must be signed.

It was held in case Bank of Ireland VS McCabe that a verbal renewal of guarantee is not sufficient.

Importance of Personal guarantee

A guarantee is a contractual right that creates a right in personem. There is no restriction on the assignment of guarantee of indemnity if the prior consent is obtained from the party or as agreed between the parties in contract. If the agreement is silent or does not allow the assignment then the guarantee or indemnity can be assigned.

Reasons for personal guarantee

The personal guarantee is required when the business is new and has new pervious credit record. Mostly the entrepreneur i.e. the director of the company provides the personal guarantee to repay the loan if the company fails to do so. Personal guarantee can be limited and unlimited.

Legal affects on Personal guarantee

The Financial regulator has issued two mandatory code of conducts in 2009 with reference to Business Lending to Small and Medium Enterprises and Mortgage Arrears which minimize the freedom of lender to enforce personal guarantee over personal private residence.

Tips for guarantor

The guarantor must read the entire contract before signing it and must understand his nature of liability. Because once the contract is signed; t becomes a legal contract . Therefore the guarantor must consider the following points before singing the agreement. Such as:

The Guarantor must obtain the independent legal advice before signing the agreement.The guarantor must know and understand about the nature of secured liabilities.

Net Lawman provides the following types of personal guarantee document . Such as:

Guarantee of contract debt

This is a supplementary contract that brings in a guarantor to a situation where the client of a provider of a service or supplier of goods has failed or is likely to fail to make payment when due. It can be used with any performance contract and can add a personal guarantee for an individual, or bring in another party, such as a business. The key benefit of this document is that the original contract remains unchanged, making this a neat solution to adding a guarantor

What is Legal Price of an Ounce of Gold?

The big question that everyone who holds gold is asking is “How much will they pay me for an ounce of gold if they confiscate it?” There are three potential answers to that question. The old saying goes, past performance is never a guarantee of future results, but a darn good indicator. If we analyze the facts that have occurred in the past we could somehow analyze what could happen in the future.

First of all, when the original gold confiscation happened in 1933, the real price for an ounce of gold was $35.00/oz yet individuals who were forced to forfeit gold only received $20.67/oz. The reason why they paid that sum in particular is because the $20 gold coin back than had slightly less than an ounce of gold in it and all we received was the face value of coins.

If we take that example and fast forward it to today we could see the following happen. The Government outlaws the ownership of gold, cancels the COMEX division of New York Mercantile Exchange, and locks everyone in at a certain dollar amount, maybe $1,000/oz. They say that everyone has to turn in their bullion by that date and anyone caught with bullion after that will face a judge under law. In the meantime they remove all the government speculation from the gold market and the price of gold runs to $4,500/oz. Guess who just lost $3,500?

The question however still remains how much will they pay us per ounce of gold upon confiscation. Well let’s look at another part of U.S. history to maybe find the answer we are looking for. In 1979, there was a shipment of around thousand ounces of gold stolen from La Guardia Airport in New York, the shipment belonged to Franklin Mint, and was transported by Trans World Airlines. After a big legal battle Supreme Court ruled in 1984 in Franklin Mint v. TWA that Trans World Airlines, was only liable to pay $42.22 for every ounce of gold that was stolen which was far below the market value at that time but was considered as the official price of gold at that time. What if they only pay us 42.22 for every ounce of gold they confiscate from us which is the official price of gold today as well. Will they give us a little bonus and pay us $50/oz if we own American Eagles, since that’s the face value. Well legally they could do that.

Finally, the most outrageous one of them all is that under the Emergency Powers Act, if the President declares economic state of emergency the government has the right to confiscate all of your gold and silver bullion, any stocks, bonds, mutual funds, ETFs or shares that you might have in gold and silver explorations companies and pay you NOTHING. They have the right to nationalize the entire gold industry except collector gold, industrial gold, and jewelry gold.

I encourage you to purchase the gold that would not be subject to confiscation or scrutinized by the government in any way. A proper position is gold is also private and stores the value of your hard earned labor rather than the fiat paper money system that is being printed away.

Why Legal Nurse Consultants are the Secret Weapon

Legal nurse consultants are the registered nurses associated with a number of medical related cases like, personal injury, medical malpractice, product liability, wrongful death, elder law, slip-and-fall, workers’ compensation, etc. These nurses have years of special clinical expertise and knowledge regarding medical practices, administration and reforms. These are the reasons why most of the law, firms, insurance companies and other firms hire them by paying a lucrative salary.

Legal nurse consultants can efficiently and effectively aid a team of attorneys for the purpose of consulting and educating the clients on specific issues related to the case. Due to the huge demand of these consultants most of the experienced nurses are now trying to make a long term career in this profession.

Now, the question is how to become a legal nurse consultant?

A highly qualified and registered nurse whose education, knowledge and experience are best suited to assist a case.

Sometimes, a number of experts overwhelm regarding, how to become a legal nurse. They search for certification courses and other training options to get certified; in fact they are already experts. No need to spend money on these courses. The only requirement is reading some best legal nurse consulting guidebooks.

Now it’s important to know that, why legal nurses are called as the secret weapon of a legal team.

•    Expertise in medical records

Legal attorneys are probably unfamiliar with the healthcare industry and related terms. Understanding the medical terminologies, collection process and subtitles are quite difficult. So, legal nurses are appointed to analyze the records by utilizing nursing expertise and knowledge. They can note missing documents and provide a comprehensive summary of the issues.

•    They can measure the standard of care

These consultants are the experts who can measure the standard of care provided by the hospitals by picking the key points from medical records. They can also determine the arguments in favor/against the standard of care.

•    They can find out the reasons behind an injury

A legal team can get proximate causes of an injury or an incident related to the case with the help of a legal nurse. After summarizing researching the medical documents, she can find out the factors that caused the alleged damages or injuries.

•    They play a vital role as a case strategist

Each and every case has a strategy. In case of a medical litigation, legal nurse consultants play an important role. They perform screening for merit, do research on the issues, they review records and prepare summaries and test the expert witness. So, they are the vital strategists for a case.

However, if you are not sure about LNC how to be successful in this field, read some books written by Kathleen Martin.

Drunk Driving – Criminal Versus Civil Legal Issues

Driving while drunk is a seriously bad maneuver for a host of reasons. You will learn as much if you are involved in an accident while driving drunk. Such an accident will raise the issue of criminal versus civil legal issues you’ll have to deal with in court.

There is a certain fear factor used to deter drunk driving. The fear is created by the threat of harsh penalties. The penalties range from jail time to massive fines. These penalties are all related to criminal legal actions. What is not often discussed is the fact civil actions can arise from drunk driving situations. Let’s take a look at an example.

You go down to the local watering spot to watch the big game. The game takes three hours and you consume a number of adult beverages during this period. In fact, you are legally drunk. You hop in the car to drive home. You fall asleep at the wheel and run into someone else. They are taken away to the hospital and you are taken away to jail. You later learn they suffered whiplash, but are otherwise okay. So, what now?

The first thing that is going to happen is pretty much what you would expect. You are going to be charged with a DUI and a host of other charges related to it. Depending on the state, you may well be charged with a Felony DUI since an accident occurred. You’ll need to hire an attorney, which is going to cost a pretty penny. You are probably going to be convicted or forced to take a plea bargain deal. This means facing everything from large fines to jail time. Basically, it is going to be a nightmare scenario, but there is more to consider.

The driver of the car you hit is going to be very unhappy as you might imagine. That person is going to sue you in civil court. Your car insurance will provide for your attorney and some money towards damages, but you are going to be responsible for the rest of any judgment. With massive car damage and physical injuries, the judgment is going to be in the tens or hundreds of thousands of dollars. This is on top of what you already spent in the criminal action.

The total cost of a DUI in both criminal and civil actions will wipe out most people from a financial perspective. Filing bankruptcy is a very common step following the cases. The next time you consume adult beverages, just spend the money on a cab. It simply makes financial sense.

Legal Issues In Repossession

People facing repossession as well as those in the repossession business have a lot of legal issues to deal with. The laws regarding repossession vary from state to state, making it especially important to know what can and can not be done in an instance of repossession.

Repossession happens when a consumer owes on a tangible product on which they are in default. These are loans in which the product purchases is also the collateral; a car, for instance. Since these purchases are a form of loan, the buyer does not actually own the item until the loan has been repaid in full. In legal terms, the lender is the owner until that time. This means that the lender can take possession of the item without going to court if the borrower is in default.

In most of these states, these are the legal issues that regulate the process of repossession:

• The borrower must be informed that the outstanding loan is in default and it must be spelled out in the loan agreement itself that defaulting on a specified number of payments will result in the lender taking action to repossess the item in question.

• Those carrying out the repossession are not permitted to commit any act that is illegal in the course of carrying out repossession. They cannot illegally gain entry to a garage, house or other property in order to take possession of the item.

• The repossession agent or company is not permitted to cause any damage in the course of repossession. They cannot remove items from walls, damage cabinets or anything else in a kitchen while, for instance repossessing a stove.

• The creditor or the repossession agents cannot repossess any property or threaten to repossess any property other than that which the borrower actually owes money on. They cannot, for instance take possession of a boat that is on a trailer attached to a truck that is to be repossessed.

Under U.S. law, a repossession company or agent who violates these laws can see the repossession overturned in court and have to pay damages to the individual against who the repossession was carried out.