Legal Articles
Tipping The Scales
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In both criminal and civil cases, there is what is known as a "burden of proof". Under this country's laws, those accused of a crime are
presumed innocent until the prosecution can prove the contrary beyond a reasonable doubt. Thus, the burden of proof rests with the prosecutor.
In civil cases, the burden of proof is satisfied by the side that can provide "a preponderance of the evidence".
This phrase may best be explained by conjuring an image of the scales of justice. The scales are evenly balanced at the beginning of a civil trial. As each side presents evidence in its favor, the scale tips ever more in its direction. By the end of the trial, whichever side has tipped the scales most in its direction has met its burden of proof, and wins the case.
If you have any questions about burden of proof, or any other legal issue, please call our attorneys today. Our law office is a full-service law firm, offering our clients a wide variety of legal skills. We're adept at handling cases involving real estate law, family law, and probate law. Our lawyers offer top notch legal skills along with the utmost compassion and discretion.
Gaining a Safe Return
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It is illegal for a parent to disobey a court's custody order by taking a child away from the other parent. In fact, this form of kidnapping goes by the name of "child snatching". At one time, it was difficult to enlist the aid of legal authorities when a child was moved across state lines because the custody award of one state was not honored by other states. Now, federal and state laws mandate that all states uphold the custody decrees of other states. Now, federal and state laws mandate that all states uphold the custody decrees of other states, as long as the court had proper jurisdiction under the Uniform Child Custody Jurisdiction Act. under the provisions of these laws, it is more difficult to change a custody decree without going back to court in the state where the decree was granted. As a result, the parent who originally had custody of a child finds it easier to gain his or her return.
Issues of child custody can involve delicate emotional issues, as well as complex legal ones. At our law office, we understand that and will work with you to find the best solution. We have long a successful experience dealing with all aspects of family law, including child custody agreements, and promise to handle your case with compassion, understanding, and legal expertise. We are also well versed in cases dealing with probate law and real estate law.
Equity Law
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Much of the American Legal System can trace its origins back to England. In civil courts, cases can be categorized into two basic groups. There are matters of common law, which are based on precedent and interpretations of statues that are evolved from English common law. There are also equity cases, which are decided on the basis of fairness. Equity law has evolved from a time when the English king (or his subordinates) had it in his power to be more flexible in his administration of justice by taking into account all the circumstances surrounding a case. Today, equity law allows the courts to take preventive measures (such as issuing injunctions) and settle matters of rights of all parties involved in a dispute.
If you have any questions about equity law—or any other legal matter—contact one of our lawyers today. Our law office has been serving Central Connecticut for more than 65 years and we are dedicated to providing outstanding legal services in all Connecticut and Federal state courts. We offer our clients personalized services in the areas of personal injury, real estate, family law, and civil and criminal law. Call for an initial appointment today.
Owning Property Free and Clear
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Anyone who intends to purchase a home with the assumption that the seller owns the property and has a right to convey it may be in for a surprise. Such unpleasant surprises can be prevented by engaging an attorney to perform a title search and to prepare a title abstract. A title search involves researching back through the chain of ownership as a means of ensuring that the present owner does hold title to the property. The title search also ensures that there are no liens on the property (claims made against the property for the payment of a debt). Although many people think that the title to real property is a piece of paper, it merely refers to the legal ownership of the property. The deed is the paper that represents the title.
If you have any questions about title searches or any other aspect of real estate law, call one of our attorneys today. We are a full-service law firm, providing a wide variety of services, including real estate law, family law, probate law, and wills and trusts. We will make sure that your home purchase doesn't include nasty surprises.
Can You Collect If You Quit Your Job?
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With all the job uncertainty employees are experiencing during the current economic situation, it helps to know what your rights are concerning unemployment benefits if you lose your job. The fact is that not all individuals faced with job loss are entitled to collect. You are only eligible for unemployment benefits if you suffer job loss through no fault of your own. If you quit or resign from a job, you can collect unemployment benefits only if you do so for "good cause". In this respect, the law requires the reason to be "compelling", such as being faced with sort of harm or injury had you remained employed. In some cases, it may take a lawyer to prove your point.
Whether you call it laid off, let go, downsized, rightsized, or cut back, it's financially difficult to be out of a job. Very often you need unemployment benefits just to make it through month. If you have any questions about unemployment benefits, call our law office right away. Our attorneys have extensive experience dealing with a wide variety of legal issues including personal injury, family law, malpractice, motor vehicle violations, and bankruptcy.
Benefit and Retirement Protection
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While the federal Age Discrimination in Employment Act (ADEA) protects employees and job seekers over age 40 from age discrimination in all aspects of the employment relationship, it does not address benefits and early retirement issues. For that, older employees must look to the federal Older Workers benefit Protection Act, which makes it illegal to use an employee's age as the basis for discrimination in benefits and retirement. Under the provisions of this law, employers cannot reduce health or life insurance benefits for older employees. The law also prohibits employers from stopping older worker's pensions from accruing if they work past the normal retirement age. Furthermore, employers cannot force older workers to take retirement that is earlier than specified by their plans.
Thanks to the economy, legal conflicts regarding retirement and benefits have become more common and more complex. If you have any questions about retirement issues, call our law office today. Our lawyers have long and successful experience dealing with a variety of civil law issues, as well as family law, real estate law, and wills and trusts. Call today for an initial appointment.
Enabling the Disabled
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If you are disabled and have had your application for Social security Benefits denied, you should know that almost half of all disability appeals are favorably changed during the appeals process. The first level of appeal, known as "consideration" involves an informal review of your claim at the local social Security office. The second level consists of a hearing before an administrative law judge who provides an independent review of the local office's decision. If necessary, the third appeal involves filing a lawsuit in federal court. Having an experienced attorney on your side helps unsure that you'll receive full benefit from the appeals process.
Now more than ever, Social Security benefits can mean the difference between a comfortable life and a distressing financial situation. If you have any questions about Social Security benefits or appeals, please call our law office today. Our lawyers have long and successful experience dealing with a variety of legal issues, including personal injury, family law, real estate law, and criminal law. Call today for an initial appointment.
Auto Accidents (Reviewing Your Coverage)
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When injured due to another party's negligence, review your insurance coverage even if you plan
to sue for damages. If the other party was responsible for your injuries and you expect to win a
lawsuit and collect damages, you may still collect on your own insurance policy. For instance, if
you were in an automobile accident in which the other party was at fault, your insurer has an
obligation to reimburse you based on coverage you had in place for medical bills and auto repairs.
Some policies, however, have a "right of subrogation" clause, which entitles them to recoup some
or all they paid out on your behalf should you later collect a settlement or award from the
responsible party.
Real Estate Purchase Contracts (Upon Further Inspection)
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Buyers and sellers of real estate are encouraged to engage the services of an
attorney when drawing up the purchase contract. This will ensure that
both parties' best interests will be served. For instance, from the
buyer's point of view, an "inspection contingency clause" will outline
what is to happen if a professional inspection reveals problems with
the property. While such small matters as broken locks and leaky
faucets may not pose problems, such substantial problems as a broken
furnace or a structural irregularity are greater causes of concern.
Depending on the terms of the contract, these major defects may provide
good reason for the buyer to break the deal without forfeiting his or
her deposit.
Real Estate Renting (Before You Rent)
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Many leases and rental agreements include a clause in
which the renter agrees that
the premises are in habitable
condition. Before you sign off on such a clause, it is
strongly
recommended that you inspect the rental unit and note any problems. By
doing so, you can identify any problems that require fixing prior to
your moving in. It will also help you avoid losing your security
deposit over a problem that existed when you moved in. It is best to
insist that a checklist noting the condition of appliances, fixtures,
carpets, paint, etc. be made part of the lease or rental agreement.
Otherwise, at least include the landlord's specific promises in the
lease or rental agreement.
Personal Injury Expectations (Reasonable Expectations)
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In a personal injury case, when a person fails to meet certain standards
of behavior by acting in a manner that the law considers to be
unreasonable, that person may be guilty of negligence (the most common
basis for bringing lawsuits to court). Legal standards are based on
what a "reasonable" person would do when faced with similar
circumstances.
There is a difference between reasonable and
average. The standards for a reasonable person are based on the community's
judgment of how a person should behave in certain circumstances, not on how the
average person might actually behave. For instance, the average person may drive
faster than the legal limit, while a reasonable person would obey the limit.
Power of Attorney (You've Got The Power)
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The "power of attorney" is a document that gives a person of your choosing
the
power to represent you and act on your behalf, which is made necessary when a third
party is asked to rely on that authority. For instance, a financial power of
attorney might be needed when you want someone else to conduct business
for you. This may become necessary when you need to conduct business
long-distance, or you want your spouse or other family member to
conduct business in your behalf if you were to become physically or
mentally unable to act on your own. The person whom you choose as an
agent for your power of attorney should be someone whom you can
totally trust.
Personal Injury Defined (A Tort Is Not A Piece Of Cake)
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The word "tort" comes from a Latin word that means "twisted" and defines
an act that has deviated from the standard or proper act of conduct. In short, a tort is a
wrongful act that is recognized by law as grounds for a lawsuit. Some torts are crimes, as
well, that are subject to the punishment of imprisonment. The primary goal of tort law, however,
is to provide relief for the damages incurred by the injured party and dissuade others from
committing the same harm. Torts fall into three general categories, including negligent torts
(such as causing an accident), intentional torts (such as hitting someone), and strict
liability torts (liability for producing and selling defective products).
Personal Injury Statute of Limitations (A Matter Of Time)
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In personal injury law, the term "statute of limitations" refers to the time period
between when an injury occurs (or is discovered) and the final date on which a lawsuit can be
filed. If the statute of limitations expires before a lawsuit is filed, it can be dismissed for
being untimely. The period of time during which a lawsuit can be filed usually begins with the
date of harm. There are instances, however, in which an injury may not be discovered until after
it occurs. For instance, a surgery patient may not discover that an instrument was left inside
his body until much later. In such a case, the statute would apply starting from the date
the mistake was discovered.
The New Bankruptcy Law
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On October 17, 2005, Congress radically changed the
bankruptcy laws of the United States. Although it is still possible to petition for
bankruptcy, there are several new requirements under the law. For
instance, before a person can petition for bankruptcy, he or she must
take a credit counseling course and obtain a certificate of completion
for the course. Second, a person may be found to be "abusing" the
bankruptcy process if his or her income exceeds the median income for
the state in which he or she lives. If such "abuse" is found, a
person's creditors can move to have the bankruptcy petition dismissed.
Finally, a person who has filed for bankruptcy must complete a budget
counseling course before he or she will receive a discharge of debts.
There are other changes to the law which can affect a filing for
bankruptcy, so a person contemplating bankruptcy should consult an
attorney before proceeding.
Living Wills
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The Terry Shiavo case of this past year illustrated
the importance of living wills. A living will is a document which spells out a person's
wishes in the event they are completely incapacitated by injury or
disease. A person can designate under which medical conditions he or
she wishes to be kept alive or allowed to expire. It can also designate
whether the person wishes to donate his or her organs. A living will
should be kept with other important papers and the person who has the
will should tell family members of its existence and where it is
stored. Medical care providers will generally not act on a living will
without viewing the original document.
