Copyright Myths

Ten Myths About Copyright Protection

Author: David Stone

The ten myths about copyright protection:1. If something is found on the internet it can be used freelyFalse, if something is pulled from the internet it enjoys the same protections that any other literary work would enjoy. This means that without the author's specific permission the work may not be used in whole or in part. Even if the article is posted on a site denoted as a public domain site it does not mean that the article may be pulled and used.2. If you aren't making money it does not violate copyright lawsFalse, it does not matter if you stand to make a profit from the exploitation of someone else's work.

Whether or not you stand to make a profit it is the right of the original author to give permission or not regarding their creation.3. If something isn't registered with the copyright office it isn't copyrightedTechnically false. The standards of the Berne copyright convention makes any original work copyrighted upon it's creation. There are certain advantages to having your work registered with the copyright office. It is far easier to prove the date of the creation of your work if you have the dated paperwork from the copyright process. This does not mean that if a work is not registered with the copyright office it is fair game and cannot be proven.4. I am free to use something because it is “Fair Use”It depends on what you are trying to do. Fair Use was designed to allow for commentary, satire and criticism.

This means that you can directly quote from someone's work if the use of the quote is to provide your opinion on the work. Fair use also allows for individual to spoof on someone else's work and allows for similarities between two individual works.5. I am free to make my own work based of off someone else's workFalse, copyright protection strictly forbids “derivative works” and allows only the original author to create a derivative version of his/her own work. 6. I only copied part of an article so I am fineFalse, the only reason that you can directly copy any part of an original work into you work is under the fair use guidelines. This means quoting directly into your article is permissible if you are making a commentary on the original work.

When doing this it is best to give the original creator credit and not to use anymore of the original work than is necessary to make your commentary.7. It wasn't marked copyright so it is part of the public domainFalse, according to the Berne copyright convention copyright occurs when the original work is created and cannot be used without the express permission of the creator. Public Domain refers to works that have expired copyrights, which vary from work to work. Public domain generally refers to works created prior to 1928. Any work created after 1928 and before 1963 it has an automatic copyright of 28 years, which can be renewed for a total of 67 years.

From 1964 to 1977 it has a copyright for 95 years from date of creation. From 1978 to present day the copyrights start at 70 years from the date of creation and will expire depending on the death of the author.8. One of my employees created it so I am the copyright ownerNot necessarily, you are only the copyright owner if the work was made for hire. One of your employees can create a work and it would not be necessarily yours unless it can be proven to be a work made for hire. In other words there needs to be a work made for hire contract or the work can be shown to have been made in the course of employment specifically at your request. 9. Violating a copyright isn't really illegalFalse, depending on the seriousness of the infringement and whether there can be a monetary loss shown be the original creator copyright infringement can be treated as a criminal offense.10.

No one sues over copyright violationsFalse, there are several large copyright infringement cases in process right now and a suit against MP3.com was settled for a total of $53.4 million.About The Author:Find out more great information about copyright protection at http://www.copyright-protection-zone.info/

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TEN THINGS TO DO FOLLOWING AN AUTOMOBILE ACCIDENT

Author: Aaron Sansing

Copyright 2006 Aaron Sansing1. STOP: If you are able, move your vehicle to a safe place. Failure to stop may result in criminal prosecution.2. CALL 911: If any party is injured, call 911 and ask for the police and an ambulance if necessary.3. TAKE PHOTOGRAPHS: Take pictures of the accident scene, the damages to the vehicles involved, and of any injuries you might have.4. DO NOT ADMIT FAULT: Do not make any statements admitting fault.

5. OBTAIN DRIVER INFORMATION: Exchange information with the other driver involved in the accident, including name, address, phone number, driver's license, vehicle year, make, model, color, and license plate number, and insurance information, including company, policy number, effective dates of policy, and telephone number.6. OBTAIN WITNESS INFORMATION: Get the name, address, and telephone number from each witness.7. TELL THE OFFICER OF YOUR INJURIES: If you are injured, tell the police officer. The first record of your injuries will be contained in the investigating officer's report. If you fail to mention to the police officer that you were injured, it may create suspicion in the mind of the insurance adjuster who will ultimately evaluate your claim that you were not hurt.8. OBTAIN MEDICAL TREATMENT: If you are injured, obtain medical treatment.

Go to the nearest hospital emergency room or to your personal physician. An injury, if untreated, may become substantially worse. If you fail to seek treatment or delay in obtaining medical attention, an insurance adjuster may suspect that you are not genuinely injured and discount your claim.9. CONTACT YOUR INSURANCE COMPANY: Report your loss to your insurance company but do not give a statement to the other driver's insurance adjuster. The odds are that a claims adjuster for the other driver will be assigned to your claim before you have been able to retain an attorney. This may occur within one or two days of the accident. The adjuster will request permission to take a recorded or written statement.

If you are considering hiring an attorney, you should not give a statement to an insurance adjuster for the other driver. Statements made can seriously prejudice your case without you even knowing it. Instead, tell the adjuster that you have decided to hire an attorney, and instruct him or her to refer all further questions to your attorney.10. CONTACT AN ATTORNEY: If you have an injury, do not try to settle your own claim. An experienced personal injury attorney will generally be able to obtain substantially more compensation for you than you will be offered in settlement by an insurance adjuster, even after payment of an attorney's fee. If you choose to accept a settlement for your injury without seeking legal representation, you may receive a settlement that does not fairly compensate you for permanent injuries and damages.

If you're uncertain about whether to settle, talk to an attorney who handles personal injury cases.------Aaron Sansing graduated Cum Laude from Thomas Jefferson School of Law. Mr. Sansing practices exclusively in the area of Consumer Law and Personal Injury Law where he sues abusive debt collectors and seeks compensation for car accident victims.http://www.sansinglaw.com

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Legal Applications of Paper Shredder

Legal Applications of official Paper Shredder at Accounting Departments

Author: john hemin

Before buying a shredder for office use, it is important to understand what type of shredder is good for which application. The way shredders are traditionally purchased and sold is by an uneducated consumer talking to an uneducated dealer.

A typical consumer will open a catalog containing 10 or more shredders and think that they are all designed to meet various price points. THEY ARE NOT!!! They are designed to meet different applications based on the amount and type of materials the consumer needs to shred.If you try to purchase a shredder to fit a predetermined budget you may wind up buying a desk side shredder that will be required to shred five or six cases of computer printout per week. The shredder doesn't perform well, or at least not for very long, and sooner or later you will be back in the market looking for another paper shredder that fulfills your exact requirements.

First of all, it is important to understand the application of shredders for different organizations and departments. For example:• Accounting Departments shred documents like profit & loss statements, bills, audits, customer account records, financial statements, work sheets, letters of credit, tax records, delinquent accounts, checks, data processing.• Paper shredder are used at Executive Offices for confidential documents, correspondence, agreements, contracts, executive reports, financial records, labor negotiations, committee reports, charts and graphs, periodicals, meeting proceedings.• Clerical Departments have a use for paper shredders to shred letters, memos, telegrams, articles, bulletins, reports, announcements, archival data, customer records, vendor records, directories, routings, and files.• Legal Departments need to shred contracts, correspondence, warranties, depositions, affidavits, pleadings, judgments, decisions, insurance files, promissory notes, cancelled checks, tax information, patent designs, and option agreements.Depending on the work that is performed at your office, you should determine what types of documents should be shredded at your office. This analysis will give you an idea of how much paper will you shred in any busy day. You will also be able to figure out the size and type of paper that is used for the documents that you want to shred.

Most importantly, you will be able to figure out whether your security needs will be fulfilled by a simple strip cut shredder or if you need a high security cross cut shredder.There are distinct advantages to each type of shredder. A thorough understanding will help you in determining the most appropriate shredder for the application. You can find more details on how to choose a shredder at http://www.gbc-shredder.com . For further information, please contact:Clary Business MachinesEmail: sales@claryco.comToll Free: (800) 992-5279.

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Tax Attorney

Tax Attorney

Author: Bridget B

Tax AttorneyWhen should you hire a tax attorney? If you are facing an audit of your tax return, a dispute with the IRS over taxes owed, a looming tax bill that you cannot pay, or have other important questions regarding corporate, payroll, estate, property, capital gains or personal income taxes or deductions, you should seek the advice of a lawyer who is knowledgeable in federal, state and local tax laws and who can provide you with the tax help you need.A tax attorney can help you:Assess your legal situation. You aren’t the first, and you won’t be the last, person to have trouble with a tax authority. While it may seem overwhelming at first, a legal expert can help you sort through the details of your problem and come up with a game plan to get you back on track with the IRS. By consulting with a tax lawyer first, you may even reduce or eliminate your tax problems before they are out of control.

A tax attorney can:* Help you understand your tax liability and file an amended tax return.* Deal with an IRS lien or levy.* Handle corporate tax or bankruptcy issues.* Assist with personal income tax, property tax or bankruptcy issues.* Protect you from IRS error, abuse and intimidation.* Manage complex business transactions (such as liquidations, mergers), international transactions.* Help you plan for or identify potential tax risks and develop strategies to protect your interests.* Deal with the tax authority, it’s regulations and paperwork, so you don’t have to.Provide legal coaching.

If your tax problem is relatively simple and you want to work on your own, you may still want to hire an attorney to act as a legal coach. As your advisor, your attorney can help (1) develop a strategy for your case; (2) advise you on the soundness of your legal position:1. spot any inconsistencies in the IRS calculations;2. give you feedback on the law applicable to your case;3. point out any problem areas;4. draft legal papers;5. suggest non-litigation strategies for solving your problem, such as arbitration or mediation; or (8) represent you if at some point you feel you can no longer handle it by yourself.Negotiate. If you want to minimize the bite of the taxing authority and neutralize the intimidation factor, hire an experienced tax attorney.

Your tax attorney will not be intimidated or bullied and is in a better position to negotiate for you, knowing in advance the best arguments to make in your favor.Represent you in court or administrative tribunal. If you cannot work out your legal issue informally and it looks like you are headed for court or an administrative tribunal, you would be much better off hiring an attorney to level the playing field and represent your interests.What is tax law?Tax law is found in many places - tax law is generated by the federal government, state government as well as counties, cities, and other municipalities.

The variety of taxes that everyone faces is staggering - tax law affects almost every aspect of your life.As for federal taxes, the law is primarily found in:Title 26 of the United States Code - the Internal Revenue Code of 1986 as amended (the "Code" as promulgated by the Congress of the United States),Title 26 of the Code of Federal Regulations (the "Regulations" as promulgated by the Internal Revenue Service),* proposed regulations issued by the Internal Revenue Service ("IRS"),* temporary regulations issued by the IRS,* revenue rulings issued by the IRS,* private letter rulings issued by the IRS,* revenue procedures, policy statements, and technical information releases issued by the IRS, and* federal tax court decisions.Tax law for states, counties, cities and other municipalities is likewise contained in codes sections, regulations, administrative codes, procedures and statements issued by the respective government authorities, as well as state court decisions.

In many instances, state law is patterned after federal law but this is not necessarily always the case.Tax law is pervasive throughout our daily lives. A lot of trees have been turned into pages of tax law. As you ease into your research of tax law, try to see the forest without getting lost in all the trees.

In a nutshell, tax law is a bewildering array of law that is scattered throughout many different sources and subject to many interpretations.About The Author:For more information please visit http://taxattorneyguide.net/ This article is free for republishing Article Source: http://www.articlealley.com

Lemon Law?

What is the Lemon Law?

Author: Bridget B

What is the Lemon Law?Lemon Laws were created to protect consumers from products that are plagued with serious defects. If an item cannot be satisfactorily repaired within a certain time, usually within the warranty period, or if the item is not new after so many repairs, it is considered a "lemon". Consumers who find themselves stuck with lemons can find help through lemon laws. Each state has its laws and requires consumers to take certain actions in order to solve the situation.There are different lemon laws that cover many products. For example, if you purchase or lease a vehicle, which develops one or more defects within the first year of purchase, that vehicle would likely be covered by your State's lemon law regarding new vehicles. The defect must be significant, and must be something that severely affects the safety, operation, or value of your vehicle.

Like most laws, lemon laws differ by State, so read local guidelines carefully to find out what action you need to take to protect your investment. A standard rule is that any vehicle that is not in working order for 30 days or more, or any vehicle that has required repair of the same defect on more than four occasions within the first year of purchase, is covered by a lemon law.Some manufacturers will attempt to convince you that you waived your rights when you signed the purchase or lease contract, because of a clause that was inserted into the agreement.

Any such clause or waiver is invalid, and lemon laws still apply in full force.The manufacturer may also try to tell you to engage in mediation rather than going to court. You are not required to participate unless the process complies with rules set out by the Federal Trade Commission. In some states, you must use mediation before suing under lemon laws, if the process is certified by that state's Department of Transportation. Even then, you are not required to accept any settlement that does not satisfy you.As with most legal matters, it is wise to consult with a competent attorney in your area that knows the details of the lemon law. Many lemon law attorneys offer free consultations, and do not charge a fee unless you win the case. They even ask for attorney's fees from the manufacturer, and the fees are usually granted to the prevailing party.

Essentially, Used Car Lemon Laws provide some legal recourse for consumers who happen to buy a lemon of an auto. You are guaranteed a written warranty that specifically states that a dealer must repair any problems or defects in the car or reimburse you for the cost of the repairs. If the car cannot be repaired, you are entitled to a refund.Lemon cars which are essentially cars that are covered by the lemon law cannot be sold as is which does not imply a warranty. Remember, a dealer who sells or leases you a used car must provide you with a written warranty that specifies the terms or sell the car as is which essentially means consumer beware. If the vehicle is covered by a warranty, it must be given to you prior to or at the signing of a sales contract or lease.

History of a LemonIt isnt easy for a car to escape its past. To be able to establish the fact that your car or truck is a lemon, you can research your car or trucks history on the internet at CARFAX. By supplying your Vehicle Identification Number (VIN), a vehicle report will indicate the vehicles maintenance records for the particular vehicle. Furthermore, it is important to keep copies of all vehicle repair statements and invoices in the event that you need to provide additional evidence that your car is indeed a lemon.One way to prevent surprises such as these is to research a car or truck you are interested in buying prior to making the purchase. Researching the car or trucks VIN on CARFAX will indicate past maintenance problems, title, registration, and odometer information revealing your cars history.About The Author:

For more information please visit http://officiallemonlaw.info/

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Patents, Trademarks & Copyrights

Patents, Trademarks, Copyrights--What’s the Difference?

Author: Terry Williamson

PatentsA patent protects inventions through federal law. Inventions are your creative ideas for new products (articles of manufacture), machines, processes, methods, compositions of matter, ornamentation on products, or new plants. An improvement on an existing product may also be patented.Utility patents protect the majority of these.

To be patentable, your invention must be useful, novel and non-obvious. Design patents protect the ornamentation on devices. Plant patents protect new plant varieties.Utility patents give you a monopoly (no one else can make, use, sell, offer for sale, or import your invention) for twenty years from the date of filing.Design patents give you a monopoly for fourteen years from the date of issue, and prevent others from making the patented device with your ornamentation on them. (By way of example, a table is a useful device. If you could obtain a utility patent on a table with a flat surface and four legs, you could stop anyone from making such a table.

If your table had an unusual ornamental shape or surface pattern, you would be able to prevent others from making tables with that shape or surface pattern.)Plant patents last for twenty years from the filing date of the patent application.Infringement of your patent allows you to potentially obtain treble damages plus attorney fees.

TrademarksTrademarks (or service marks for services) protect names, logos, slogans, and the like through both federal and state laws. Your name, logo or slogan identifies you to your prospective customers as the source of the goods and services that you are offering, and thus constitutes a trademark.There are both federal trademarks and state trademarks. There are also common law trademarks that are not registered at either the federal or state level. Federal trademark applications can be filed even before you are using the trademark name, logo or slogan to reserve your trademark.Other than common law trademarks, federal and state trademarks must periodically be renewed. Federal trademarks must be renewed every ten years.

If you no longer use the trademark, you lose your rights. Otherwise, so long as you continuously use and/or renew the mark, you will continue to have rights forever.Infringement of your trademark allows you to potentially obtain treble damages and attorney fees.CopyrightsCopyright protects your creative artistic expression, but only once it is set into a tangible form. For instance, you create and sing a song. There is no copyright unless the song is recorded or written, because there is no tangible representation of your artistic expression.

However, once you write, record, photograph, draw, or otherwise create a tangible record of your artistic expression, you automatically have copyright. That is, you are the only one who has the right to make or sell copies.Ideas cannot be copyrighted. They may only be patented. Examples of copyrightable materials are written words, such as in books, magazines, poems, songs; written music; performances of music; paintings and drawings; photographs, videos, architectural plans, website content and layouts, and computer software.Copyright lasts for 70 years plus the life of the creator (or last to die for multiple authors) for new works under current law.

If the work is made for hire, then the term is the shorter of 95 years from publication or 120 years from creation.Federal laws provide you with the right to enforce your copyright, but only once it is registered. There is the possibility of obtaining statutory damages of up to $150,000.00, plus the possibility of being awarded attorney fees. Thus, it is very important to register your copyright as soon as practicable.OtherFinally, trade secret protection is another means of providing protection to ideas.

However, the key word here is secret. Let someone who has no need to know in on the secret and it is no longer protected. Trade secrets are most suitable to keep secret formulas or processes protected.For more information, please visit http://www.trwiplaw.com.C2006, Williamson Intellectual Property Law, LLC; all rights reserved, world-wide.

This article, and/or the reading thereof, shall not be construed as offering, containing or receiving of legal advice, and shall not create any attorney-client relationship or privilege. If you are considering protecting your intellectual property, you should consult with an attorney of your choice.This article is free for republishing Article Source: http://www.articlealley.com

Are Sobriety Checkpoints Legal?

Are Sobriety Checkpoints Legal?

Author: Lance Knowlton

Copyright 2006 Lance KnowltonAs many people know, the Fourth Amendment of the Constitution of the United States forbids the unreasonable search or seizure of U.S. citizens. Generally, there must be probable cause to arrest or search persons or their private property, which means that the officer must have a reasonable suspicion based on articulable facts that some wrongdoing has occurred. How, then, are law enforcement agents able, constitutionally, to stop motorists at sobriety checkpoints?

According to constitutional law, some stops are not considered seizures of a person. This is the case with a so called "stop and frisk" in which an officer detains a person for a very brief period of time and quickly checks their outer clothing for contraband. Sometimes, if a person is detained for less than 48 hours, it is not considered a seizure. However, this is not true for DUI roadblocks. The U.S. Supreme Court has held that stopping someone at such a roadblock does constitute a seizure of that person under the Fourth Amendment.One "however" further and the language of the Constitution gets tangled up in the thicket of constitutional interpretation and case law.

The Supreme Court could have claimed that these stops without probable cause are constitutional under the doctrine of exigent circumstances. The Court has repeatedly held that when an officer believes evidence is about to be destroyed, he can perform a search without a warrant. However, this doctrine seems only to apply to searches. Instead, it appears as though the Court used a balancing test, common in other areas of constitutional law, whereby the "minimal intrusion on individual liberties" was weighed against the need for and efficacy of roadblocks and found to be less important.To some, it seems that the Court has simply carved out of the Constitution another exception, similar to the one for exigent circumstances, for sobriety checkpoints. DUI defense attorneys often refer to this as "the DUI exception to the Constitution."

Critics and dissenting justices have pointed out that the Fourth Amendment does not make exceptions. The only question is whether the officer has probable cause to stop the individual driver. Justice Brennan wrote, "That stopping every car might make it easier to prevent drunken driving...is an insufficient justification for abandoning the requirement of individualized suspicion."The Court's justification for the exception rested on the assumption that DUI roadblocks are necessary and effective. However, there is some controversy as to whether this is true.

The National Highway Traffic and Safety Administration (NHTSA) recently released data on alcohol-related deaths in 2003 and 2004. There was a decline in such fatalities in 2004, and most of the drop occurred in states that don't use sobriety checkpoints. Critics already concerned about the large outlay of resources required to operate checkpoints are doubly concerned if spending the resources does not even necessarily prevent DUI offenses.On the other hand, law enforcement agents believe that checkpoints are effective even if intoxicated drivers get around them because they spread the message that driving under the influence is not tolerated. Officers often provide informational pamphlets to motorists stopped at checkpoints, explaining the consequences of drunk driving, which may have a deterrent effect.------
Having been struck by drunk drivers twice, Lance Knowlton has a deep appreciation for this serious problem. To learn how you can help prevent drunk driving in your community and earn money at the same time, visit:http://www.alcoholalert.com .

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Estate Planning - You're Never too Young

Estate Planning - You're Never Too Young

Author: Ronald Hudkins

Copyright 2006 Ronald HudkinsGone are the days of leaving home for the first time. For some it was spreading the wings and taking flight. While with others, it was a matter of being tossed over the edge of the nest.Despite the circumstances, it was a mixed bag of emotions. Perhaps it was a combination of delight, a pinch of fright and a whole bunch of egotism. Words like restriction, boundary, curfew, grounded and phrases similar to watch your mouth, they are a bad influence were some things that just weren’t recognized as acceptable English language in the new world.Independence, individuality, adulthood, my way or the highway, speaking the mind, being on time, new fashion trends and perhaps even failing to give prior notice before quitting a job were things associated with that new found budding maturity.

It was somehow a winding road to the discovery that maybe; just maybe, the world wasn’t awaiting our arrival just so it could change to some individual standard.When just starting out, perhaps there are more worries about the immediate needs. Eventually, goals blossom into actually preparing for the future and a comfortable living standard. The idea of immortality is more the thought than any possibility of death. With the longer life spans enjoyed in these modern days, there just may be some benign measure of reality there. However, writing a will is not just a concern for seniors, the young and everyone in between; it is a legal matter, which must be an important part of financial planning.

The state probate process is one solid reason to complete a will. In rough terms as much as 6% of ones total (gross) assets (or more) go to probate fees and associated costs. The last thing someone would want to do is loose control of their assets to the court system. Unfortunately, putting off what you know needs to be done now – planning and implementing an estate plan – could result in just that.Asset distribution laws vary from state-to-state; but generally, if you are married, your possessions go first to your spouse and children, should there be any.If you are single, than most often your possessions would be passed to your parents, if they are still alive.

Should your parents be deceased, than the order of succession is; usually to the siblings (brothers, sisters), than to other living family (relatives) and finally, to the state. The state is highly capable of absorbing and liquidating assets.By no means is it being said that various wills are the answer to a complete estate plan. A will alone, specifically will not control who gets “joint property” (such as a home you and a spouse purchased together), or possibly, bank and brokerage accounts and 401(k)s or IRA’s (Individual Retirement Accounts) for which you have designated a beneficiary.Simply put; a last will and testament is the main piece of a basic estate plan that does not require a substantial amount of legal fees for its creation. To put together a well thought out plan that provides for you during incapacity as well as after your death, talk to an estate planning attorney about other legal documents such as; a Medical Power of Attorney (proxy) for Health Care, a Living Will (Health Care Declaration) and a Durable Power of Attorney for Financial Affairs.You are never too young to need a will. If you end up in a hospital in a coma, you need someone in a position to make personal, medical and financial decisions for you.

Should you have an untimely death, the key to planning ahead is to have a written plan so your wishes will be carried out exactly as you so designate. Without a written plan, there is probate, family feuds, extended agonies ant all sorts of possibilities.------About Ronald E. HudkinsRonald Hudkins is a retired military police enlisted member that was assigned as a staff researcher. He was responsible to compile, write or conduct; reports, studies, statistics, reviews, plans, inspections, lessons and numerous other tasks deemed essential to operational efforts. His actions allowed superior, peer and subordinate commands, their designated leaders and staffs make vital and logical decisions.

The ability to identify, analyze and propose solutions is a trait still exercised. For additional asset protection and estate planning needs he suggests his web site: http://www.AssetProtectNow.com .This article is free for republishing Article Source: http://www.articlealley.com

Divorce and the Marital Home

Divorce and the Sale of the Marital Home

Author: Howard Iken

Copyright 2006 The Divorce Center P.A.There is one asset that is common in thousands of divorces: the marital home. The marital home is frequently the largest asset a couple owns. Many times, the marital home is the one and only asset a couple owns. And as the major or sole marital asset, special attention should be devoted to this issue during a divorce.In divorce, one of the major challenges is to fairly divide assets acquired during the marriage. Real estate presents a unique challenge. Because of recent changes in the market, real estate has dramatically increased in value.

This rapid increase created large amounts of equity for many couples. Large amounts of equity translate into large amounts of money. More important – large amounts of money make it possible for divorcing spouses to create a new life. Potential uses for the money include: the purchase of a new home, moving out of the area, going back to school, or to repurchase lost possessions. Money makes it possible to become “normal” again. That is why the division of the marital home is such a critical challenge that both spouses must solve.Most divorce decrees require the sale of the marital home, with the proceeds divided equally by the divorcing couple.

This scenario is the simplest solution. A properly written divorce agreement for the sale of a home must address the following issues: A deadline date for placing the home on the market, who will occupy the house until sale, which spouse will pay expenses of the home until sale, how the house will be listed for sale, and how the sale price will be selected. Unless the divorce decree addresses all issues there is potential for argument and lost money long after the divorce is finalized.

Even though each divorce is unique, there are some common things you can do to make the sale of the marital home a more predictable and smooth experience. If there is more than five thousand dollars in equity, always invest in a licensed appraisal report. A licensed appraisal report is done by a professional appraiser – not a real estate agent. Expect to pay between $300 and $700 for the report. If there are simple, cosmetic things you can do to boost the value of the house – do it now. Everything you do to increase the value of the home will benefit you financially and increase the chance of a smooth divorce. Always list your home with a licensed real estate agent.

Pick one that both you and your spouse can trust. Now is not the time to do a “for sale by owner” or use a “friend of a friend.” An independent, licensed real estate professional that arranges a sale based on the report of a licensed appraiser is a transaction that is difficult to attack. And when things go bad in a divorce people frequently look for something to attack.If you are faced with divorce and can agree to sell the marital home, both spouses have the opportunity to walk away with cash. And cash makes it possible to start new lives. Based on observation of many divorces, the chance of walking away without a bitter fight gets better when each spouse has the opportunity to begin a new life. Finally, if selling is a possibility, do it the smart way.

Sell at the proper market price and do it in a way that does not lead to argument. You will have less stress and a better “second life.”------Howard Iken is a Divorce Attorney.. He represents divorce clients in Tampa, Clearwater, St. Petersburg, New Port Richey, Pinellas, Pasco, and Hernando County, Florida. You can contact Howard Iken at 1-888-4My-Divorce (1-888-469-3486) or visit

http://www.18884mydivorce.com/ More information on property division in a divorce can be found at http://www.18884mydivorce.com/pub/Property/equitable-distribution-map.htm

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What and Who of Domestic Violence

THE “WHAT” AND “WHO” OF DOMESTIC VIOLENCE

Author: Donald Schweitzer

The WHAT: “Violence” What exactly constitutes domestic violence against another person? Is physical contact required? Or are threatening words enough? Although the crux of domestic violence is defined similarly across state lines, many legislatures express subtle distinctions from one another in their definitions of this unlawful behavior. Therefore, a potential victim must research the law in the jurisdiction in which the “abuse” occurred.

In California, the Family Code provides the most cohesive definition of domestic violence. The sections dealing with domestic violence are collectively known as the “Domestic Violence Prevention Act (“DVPA”). Section 6203 of the DVPA uses the word "abuse" synonymously with the word “violence.” These two words can be defined as any of the following: (1) Intentionally or recklessly causing or attempting to cause bodily injury (2) Sexual assault (3) Placing a person in reasonable apprehension of imminent serious bodily injury to their person or the person of another. Many legal minds provide a more expansive definition of domestic violence, and even classify such behavior into different groups • PHYSICAL ABUSE: Grabbing, pinching, shoving, slapping, hitting, hair pulling, biting, etc.

Denying medical care or forcing alcohol and/or drug use. • SEXUAL ABUSE: Coercing or attempting to coerce any sexual contact without consent, e.g., marital rape, forcing sex after physical beating, attacks on sexual parts of the body or treating another in a sexually demeaning manner. • ECONOMIC ABUSE: Making or attempting to make a person financially dependent, e.g., maintaining total control over financial resources, withholding access to money, forbidding attendance at school or employment. • EMOTIONAL ABUSE: Undermining a person's sense of self-worth, e.g., constant criticism, belittling one's abilities, name calling, damaging a partner's relationship with the children. • PSYCHOLOGICAL ABUSE: Causing fear by intimidation, threatening physical harm to self, partner or children, destruction of pets and property, mind games or forcing isolation from friends, family, school and/or work.

The common thread here is clear: all domestic violence is a pattern of abusive behavior which keeps one partner in a position of power over another close person in their life through the use of fear, intimidation and control. THE WHO: “Domestic” Who can commit domestic violence against you? Can a victim only plead domestic violence against his or her spouse? His or her boyfriend? A live-in partner? In essence, a discussion of what types of relationships give rise to the potential for domestic violence has forced the California Legislature to determine exactly what they mean by the word “domestic” in the phrase “domestic violence.” Section 6211 of the DVPA states that "domestic violence" is abuse perpetrated against any of the following persons:

(1) A spouse or former spouse (2) A cohabitant or former cohabitant (3) A person with whom the respondent is having or has had a dating or engagement relationship (4) A person with whom the respondent has had a child, where the presumption applies that the male parent is the father of the child of the female parent under the Uniform Parentage Act (5) A child of a party or a child who is the subject of an action under the Uniform Parentage Act, where the presumption applies that the male parent is the father of the child to be protected; (6) Any other person related by consanguinity or affinity within the second degree. (Family Code, Division 10, PREVENTION OF DOMESTIC VIOLENCE, Part 1., Sec. 6211).

In layperson terms, the following people can commit domestic violence against you in California: • your spouse or former spouse. • someone you live with or lived with in the past (but you must have a closer, more intimate relationship than just “roommates”) • someone you are dating or have dated • someone you have a child with • someone to whom you are related by blood, marriage, or adoption (including your parent, grandparent, child, grandchild, brother, or sister) In addition, California law allows minors 12 years old or older to file for restraining orders without the assistance of a parent or guardian.

Furthermore, same-sex partners are also eligible to file for restraining orders. The two most important buzzwords to think of in determining whether the violence against you is domestic are “family” and “intimacy.” The likelihood of violence being domestic when the perpetrator is either family or one you share intimacy with is extremely high. In order to obtain legal relief, a victim must sufficiently inform the court of both the “WHAT” and the “WHO” in domestic violence.

Notwithstanding, simply because a victim’s abuse does not fit within the aforementioned categories does not mean other non-legal help is unavailable. The following organizations may provide some much needed guidance for those whose abuse is not technically “domestic violence,” as well as those who want to search for an alternative to formal legal action: Article by Kayla Boucher, attorney with the Law Offices of Donald P. Schweitzer. Ms. Boucher specializes in Family Law. To read more about Ms. Boucher or our firm, please see our website www.PasadenaLawOffice.com This article is free for republishing Article Source: http://www.articlealley.com

How Judgment Recovery Works for You

How Judgment Recovery Works for You

Author: Robert Sherman

You (the plaintiff) brought a small claims or civil suit against a debtor (the defendant) and were awarded a judgment. You, as the judgment creditor (winner) have a right to judgment recovery from the judgment debtor (loser).But, the judgment is merely a piece of paper filed in the courthouse. It is delivered to both your and the debtor. But the court completed it's job after deciding your case. It takes no enforcement action.

How do you enforce the judgment to ensure the judgment recovery is complete?The first thing to do is to discuss payment with the debtor. Money judgment recovery payments are sometimes made on the day of the court hearing or over a period of time.If you do not receive the money that you are owed, the court and court officials can assist you in several ways to complete the judgment recovery.=== Judgment Recovery Through Public Sale ===An "execution" allows a court officer to seize property belonging to the defendant which can be sold to pay your judgment.

You are responsible for identifying the debtors personal property that can be used to help fulfill your judgment recovery. Court officials can seize these items and offer them at a public sale. Items such as office equipment (computers) and automobiles are typical items court officials can seize.You can also file a petition with the court indicating the amount the debtor owes you and request the court to issue an order for discovery of assets. This order can be issued to anyone who has knowledge regarding the assets of the debtor.=== Judgment Recovery Through Seizure of Bank Assets ===You must determine where the debtor's savings or checking accounts are located and the account numbers, if possible.

The court official can levy or freeze these accounts. Once frozen, you must then file a motion with the court for the funds to be turned over to you. Once this motion is granted, the court officer will deliver the order to the bank and the funds can be released to you.If you are unable to locate the debtor's bank, you can obtain an information subpoena from the court that contains questions about the debtor's assets. You can then serve (deliver) the information subpoena to the debtor. The debtor must answer and return the information subpoena.=== Judgment Recovery Through Wage Garnishment ===A garnishment allows you to collect your judgment by garnishing the defendant's wages, bank accounts, or other sources such as income tax refunds.

You must identify the debtor's place of employment and send a notice to the debtor requesting garnishment of wages. If the debtor agrees (or disagrees and the court so orders) a notice of wage execution is delivered to the employer by the court officer. The employer will withhold the specified amount and send it to the court officer who will then send it to you.=== Interest on a Judgment Until Recovery is Complete ===When you receive a money judgment you are normally entitled to add interest to the unpaid balance until the recovery is complete.

The interest rate is typically set by the state legislature or the state's department of treasury. For example, in Michigan the interest rate defined by the Department of Treasury is "calculated from the date of filing the complaint at a rate of interest which is equal to 1% plus the average interest rate paid at auctions of 5-year United States treasury notes during the 6 months immediately preceding July 1 and January 1, as certified by the state treasurer, and compounded annually."

So, your unsatisfied judgment is probably becoming more valuable as it ages.=== Problems With Completing Judgment Recovery ===Debtors often try to evade attempts to collect judgments. There are standard tactics debtors use to elude collection such as:- Hiding assets and bank accounts- Fraudulent conveyance of assets- Moving to another state- Moving to another area within the same state- Changing their nameBecause most judgment creditors lack knowledge in tracking down the debtor, locating assets, and knowing how to collect, it is estimated that 80% of all judgments go uncollected. Most people understand that hiring an attorney at $100 to $200 an hour will quickly eat up their judgment award, so they do nothing.

You can, however, do everything necessary to collect your judgment award if you are willing to learn. There are judgment recovery courses in the $100 to $200 range, complete with online resources, that will teach you everything you need to know. Do a search for "judgment recovery" to find a number of sites offering these courses. Though they often advertise that you can make money helping others, you can also simply use the knowledge to recover your own money judgment.

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Bob Sherman is the owner of http://www.bobshermancredit.com/
with information about credit, debt, wealth building, and other financial topics. His free ebook "How to Free Yourself From Credit Card Debt" is available on his site.

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Mississippi Child Support Laws The Magnolia State

Mississippi Child Support Laws The Magnolia State

Author: Holcy Thompson III

Mississippi Child Support LawsThe child support enforcement office is able to assist custodial parents in locating a non-custodial parent, enforcing child support, establish paternity, and any other assistance the custodial parents may need.When applying for Mississippi child support services, the first step you need to take is to call or visit your local county child support office. Custodial parents who are on programs such as TANF or any other state or federal assistance will be referred to a child support office for services.

Parents who are not on these programs can apply for child support services through their local county office. A one-time application fee of $25.00 will be charged for parents who are not receiving federal or state assistance.When determining the amount of child support that will be paid, the laws will go by the child support guidelines.

These guidelines will determine the amount of child support by calculating a percentage of the non-custodial parent's gross income. This percentages is also calculated by the number of children, and the needs of the children.Mississippi Child Support EnforcementSome parents fall behind or just will not pay child support. We label these people as dead beat parents. In the state of Mississippi, there are methods to collecting unpaid child support. Theses methods include income withholding, tax offset interception, unemployment compensation interception, contempt actions, etc. These action were created for the purpose to enforce child support payments. Establishing PaternityIf a child is born out of wedlock, the custodial parents must first establish paternity in order for the courts to establish a child support order.

By establishing paternity, the child will know who his or her parents and their medical history. Paternity can be established when both parents sign an acknowledgement of paternity form and return it to a hospital staff member when the child is born. There will not be a fee for this method. Another method to establish paternity, is to have a genetic test performed on the other parent to see if he is the father of the child/children.

Establishing paternity is very important when applying for child support. It is also important to locate and make sure you have proof that the alleged father is the real father of you child/children.For more information on Mississippi child support laws click the links below

http://www.child-support-laws-state-by-state.com
http://www.child-support-laws-state-by-state.com/mississippi-child-support-laws.html


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San Diego Criminal Defense Lawyer

The Credentials of Any Good San Diego Criminal Defense Lawyer

Author: William Nimmo

The hallmark credentials that you want to see when hiring a San Diego criminal defense lawyer on a serious felony charge are pretty much the same for a criminal defense lawyer anywhere. When you are charged with a serious felony in a state court system where your exposure is many years in prison you don’t want someone “practicing” or dabbling on your matter. You want a consummate talented and respected professional that regularly handles the type of criminal charge that you are charged with.

The bottom line is that you want a lawyer with a winning reputation. The profile that makes up that type of lawyer consists of a number of characteristics. You want a lawyer that is well educated. While the law school a lawyer went to isn’t necessarily the characteristic that makes the difference, the better law schools produce lawyers who understand the theory of the law better which makes them better able to make arguments that persuade judges.

You also want a lawyer who has a good presence and who is respected in the courts. The more respected your lawyer is, the better he will be able to negotiate, win critical motions, and get rulings favorable to your case. A good lawyer who is respected in his community will be respected anywhere he or she goes to handle a case. The prosecutors and the judges get the picture quickly by the way the lawyer handles themselves.You want a lawyer who has been practicing many years if your case is a serious felony such as murder, vehicular manslaughter, forcible rape, or child molestation. The more years a lawyer has practiced means that he or she has handled more situations, more cases, and more trials. That combined experience means that they will be able to analyze your case quicker and with more accuracy than a lesser experienced lawyer.

Years of experience means they know all the moves and how to implement them effectively at the right moment.Make sure your lawyer has successfully handled many cases of the type of charge you have. If you are charged with murder, for instance, you want a lawyer who has handled and tried several murder cases. A top gun lawyer should be able to cite several examples of jury trial results and favorable settlements in the type of case you have. There is no reason not to hire a lawyer with a long record of winning. Every lawyer has won a case or two. You want the lawyer with a long list of successful results.In every major community in this country competent skilled professionals exist who are capable of getting you the best results.

A little work trying to find one will be worth the effort. If you throw your money away on someone who isn’t up to the task you won’t find out until it is too late. You can always change lawyers but you may have spent all of your resources. Major Tip: Don’t ask people to refer you to a good lawyer. You may just be getting a friend or a business referral. Ask people: “Who are the five or ten best San Diego criminal defense lawyers to handle a serious state court felony trial case?” You will likely get a list of great lawyers.
The good lawyers will all talk to you and you will be able to see the difference and choose who you are most comfortable with and can afford.William F. Nimmo is a highly regarded San Diego criminal defense lawyer who has successfully defended residents statewide for nearly three decades. He has been a San Diego criminal trial lawyer of the year and has been awarded the Directors' Award for Excellence by the San Diego Criminal Defense Bar Association.

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