Month: March 2018

Courts make determinations in law and in equity. By ‘in law’ is meant following a specific law – constitutional law, state law, etc. By ‘in equity’ is meant determining what is ‘fair’ to do where now law specifically rules. An example is determining how to distribute the assets in a divorce among the husband and wife.

Common law refers to the myriad of decisions made by judges and appeals courts. Maxims of Common Law are ‘guiding truths’. Adhering to them helps judges make fairer decisions. They’re ignored in family court determinations since fairness is a wholly secondary issue. This article overviews what these maxims are.

Maxims are absolutely essential to the preservation of rights and fair treatment to all litigants. Maxims:

* represent ‘self-evident’ truth – as mentioned in our Declaration of Independence when it referred to ‘all men’ as being created equal.

* serve to guide judicial determinations in the same way that ‘axioms’ guide the analysis of mathematical determinations

* promotes fair dealing and unbiased justice – a clearly essential issue in the purpose of courts

Courts, primarily established to enforce the principles of common law, are bound by common law rules of equity that should be grounded in the never-changing maxims. This grounding serves to restrain the court’s wanton discretion in equity law determinations.

Examples of Maxims:

Let’s take a look at some examples to see the nature of maxims -as self-evidently fair. Here’s an important one:

*The certainty of a thing arises only from making a thing certain.

This implies that the court should seek clear proof of allegations made against someone and not rule on just the allegations or weakly supported ones. Family court ignores these maxims all the time.

*The safety of the people cannot be judged but by the safety of every individual.

Laws which supposedly protect the safety of some people at the expense of other people’s rights violate this maxim. A clear example of such a violation is present day domestic restraining order laws which are rampantly and unjustly imposed upon so many fathers.

*Law is unjust where it is uncertain or vague in its meaning.

Laws should be clear so that one knows precisely when he’s breaking such a law. Remember the violation of laws brings consequences on those who violate them. Vague laws are considered unconstitutional. An example of vague standard of law is the ‘best interest of the child’ standard – used to unjustly deny fit fathers custody of their children.

*The Burden of Proof lies on him who asserts the fact -not on him who denies it.

This is based on the fact that you can’t prove a negative. Courts that force people to prove a negative are examples of kangaroo courts. Family courts jail fathers when they can’t prove that they don’t have money to pay!

*No one should be believed except upon his oath.

This simply means that anyone who will give testimony must be sworn in. That way he can be charged with perjury – which is a felony (a serious crime) – if he can be found to be intentionally lying. No ‘swearing in’ means no perjury and no penalty for lying.

*Perjured witnesses should be punished for perjury and for the crimes they falsely accuse against him.

This is the bottom line of enforcing honesty in court testimony. Unfortunately perjury is almost never punished -allowing the degradation of court integrity – so obvious in family court.

*Every home is a castle; though the winds of heaven blow through it, officers of the state cannot enter.

This is from English common law which made a man’s home sacrosanct. It should still be true. It requires officers to have warrants to enter a home. A warrant is permission from a judge based on good cause to enter a home.

*No man should profit by his own wrong or, He who does not have clean hands, cannot benefit from the law

This is self-evident. An extreme case is the child that pleads mercy because he’s an orphan – but only because he murdered his parents.

*He who uses his legal rights harms no one.

But, fathers are routinely punished by seeking their rights in family court.

*No one is punished unless for some wrong act or fault.

But forced into the noncustodial status for doing no wrong would be considered punishment by any reasonable person.

*It’s natural that he who bears the charge of a thing, should receive the profits.

If you have all the obligations for something but none of the benefits, then you are a slave.

Fathers who go to family court observe clear violations of these maxims all the time. Such violations mean that there is a tyranny taking place.

Law Firms directory is a platform where we have a collection of experienced Advocates in Delhi who provides their consultancy in various legal areas. Law Firms provide the user with numbers of options to choose from according to their legal needs.

Gone are the days when public was unaware of their rights and duties. People are getting more educated in every sector today. As their knowledge is developing, their needs are also increasing accordingly. In today’s date, crime is at its highest rate and so is the need of legal solutions for it. Here comes the need of a place where all justice seekers should get legal solutions of various different law areas under one roof.Considering the need, we have made Law Firms directory where immediate legal help can be provided without any barriers. For more details on how the Law Firms directory works, keep on reading. We, here in Law Firms, have gathered numerous Advocates in Delhi to contribute their knowledge and helping hand to all our clients sharing their experience in legal issues. We have a huge collection of Advocates in Delhi practicing in various different legal areas. Client can directly choose their suitable advocates as per their legal needs from number of options available. We provide free registration for advocates as well as clients thus making it an effective ground on which advocates and clients can meet up and communicate.

Law Firms directory has ensured that only the best of Advocates in Delhi join our directory so as to ensure quality of result for its users. Clients can also view every advocate’s profile in order to know more about their qualifications and area of practice. Seekers are provided with detailed description of Advocates in Delhi including their chamber address, residential address, areas in which advocates are specialized along with their contact details. Seekers can also post their cases specifying the kind of help they need. Later, advocates will view cases submitted by users and they will contact the clients as per their suitability. Besides this, we also provide other law related information like list of law colleges from where advocates can contact law students and offer them internship thus giving our law students a chance to work on live cases and gaining exposure of the same. We also provide information on various legal terms. Law Firms directory has become a universal platform for searching all Advocates in Delhi enabling quick law consultancy in all law areas. So if you are looking for some legal solutions, you don’t have to search the whole market for Law Firms directory have brought you a complete solution for all legal services. We provide all kind of information to help your industry grow with some of the excellent Law Firms in India. He confidently recommends a famous. Advocate in Delhi.

In Los Angeles, a metropolis in the southern piece of California, there are plenty of specialist criminal attorneys. If you’re an LA lawbreaker who’s in have for an LA criminal attorney, do not presume that all Los Angeles criminal defense attorneys are experts and so any legal professional can help you get out in the mess that you simply are in. You need just about the most qualified one. You will need a defense counselor that is incredibly educated in assault law, DUI or DWI law, forgery law and appeals and writs law. You need a criminal defense attorney that actually informs you the truth about your situation.

For being in a position to get the best LA criminal attorney to defend you in courtroom, you certainly ought to know very first tips on how to uncover one. Below are 5 steps that you simply will need to choose to search out the most beneficial LA criminal attorney that you just need to have.

1. Find out about the criminal offence you committed which introduced you before the court. Ask your pals and colleagues about criminal attorneys which they can advocate. One good way that you should find the right legal professional for your needs is through term of mouth. You might certainly truly feel far more confident having an LA criminal attorney advised by individuals you trust.

2. Use the Internet and checklist additional lawyers. criminaldefenseattorneyinla.com is one with the fantastic web pages to look for beneficial Los Angeles criminal defense attorneys. Once you are previously on the internet search engine, kind in a term this kind of as Los Angeles criminal legal professional. If you’d like your search for being extra specific, form in a more distinct key phrase like gun smuggling attorney Los Angeles, for example.

3. Homework on every single attorney you’ve placed on your checklist. Obtain out if they have no less than fifteen many years of practical knowledge training criminal law and the way lots of court cases of criminal law they’ve got won or they have dropped. Browsing with the State Bar of California website will likely assist you to in evaluating every single legal professional on their undergraduate schooling and efficiency whenever they ended up at law university and just how quite a few occasions they took the bar exams. Also, look at if your attorneys have an AV Peer Analysis Rating. Their rankings serve as recognition in their legal competence and also devotion to their career.

4. Consult about exactly how much the lawyers fee shoppers. The costs of counsels are generally on the per hour basis. Their rates normally range from 100 bucks for each hour to more than 750 pounds for every hour. Get the value schedules with the lawyer you’ve got selected to ensure you may know exactly the items that you will be spending for. Hardly ever select a legal professional who fees a portion of your total settlement that he or she obtains to suit your needs. Which is an unethical act.

5. Obtain out if your legal professional prices initial consultation payment then satisfy the LA criminal attorney personally. A number of the perfect Los Angeles criminal defense attorneys tend not to fee original consultation expenses. Inquire all the things about your circumstance. Question with regards to the attorneys history in addition.

In the nineteenth century and parts of the twentieth century, employees and employers were largely left to themselves to arrange a working agreement, including payment, work conditions, and so on. Employees had to trust that their employers would treat them fairly, and employers knew that if they didn’t treat their workers well, they might leave to work somewhere else. Although this arrangement worked well for many, during the industrial revolution, employees began to lose their leverage of leaving that kept employers in check.

During the industrial revolution, large factories rose up, employing workers by the thousands. Employers rarely had direct contact with their employees, and people akin to task masters oversaw the workers. Working conditions were harsh. If a worker showed up late to work, was in any way disorderly, or tried to unionize, he or she could be fired. Even children were hired and forced to work long hours in unhealthy environments.

And despite poor working conditions, long hours of arduous labor, and low wages, factory employees had nowhere else to go because most places of employment were the same. These difficulties were most often experienced by immigrants and the poor, and because they had no way to improve their situation, these workers had no choice but to work in these factories and other similar places.

Eventually, in the early twentieth century, the government passed a series of labor laws that helped rectify the poor working situation. These laws established minimum wages, work environment regulations, and union rights. And throughout the century, more laws were periodically passed that made illegal any discrimination (based on gender, religion, age, and so on) against employees.

Because of the sufferings of thousands in those prior years, employees today enjoy the benefits of being guaranteed certain rights. Unfortunately, some employers are still found guilty of disobeying these employee-protection laws.

Today, the most common breach of employee rights is discrimination. Some employers may even inadvertently discriminate against employees based on age, gender, race, religion, or disability. But inadvertent or not, discrimination in the workplace is illegal. One of the only exceptions is discriminating against disability. If a job cannot be performed with reasonable accommodation by a person with a disability, the employer retains the right to not hire that person. Of course what is considered “reasonable” is something of a gray area, but the exception is meant to ensure that employers aren’t forced to hire someone who can’t perform the job.

Another common type of discrimination is based on age. Many have the misconception that someone who is older may not be as good a worker as someone who is young. However, if an elderly person meets all of the requirements of job, he or she must be seriously considered on equal footing with other candidates.

In regards to the payroll, gender discrimination is quite common. In general, women are still paid less than men for performing the same jobs. Although this disparity in pay is becoming smaller and is not as bad as it was just a few decades ago, in general, women are still paid less. The problem in detecting this type of discrimination is that people are often prohibited from discussing income with their coworkers, and many people don’t know what is considered fair pay for their jobs.

Another all-to-common illegal occurrence in the workplace is sexual harassment, particularly toward women. Sexual harassment can range from derogatory or sexual comments to receiving promotions based on sexuality to unwanted forceful actions. And sexual harassment is illegal not only if it comes from an employer but from a coworker as well. Unfortunately, in many cases of sexual harassment, the victims are either too embarrassed or scared to come forward and take legal action against the guilty party.

And although discrimination and harassment are illegal, when people take legal action against their employers on the basis of discrimination, feelings of tension or anger may exist between the two parties. And although there may not be much a person can do to resolve the tense atmosphere, employees can rest assured that if an employer attempts to discharge our fire them because they filed a charge of discrimination, the employer will face additional legal charges.

Employers also cannot legally retaliate against those who take protected leave under the Family Medical Leave Act or who file a workers’ compensation claim. Such retaliation is illegal so that employees will not be threatened or discouraged from filing legal charges.

Sometimes employees find it difficult to prove that they are being discriminated against or they may not be entirely sure what legally qualifies as discrimination or unfair treatment. In these cases, an employment attorney can be helpful. Employment attorneys specialize in labor laws and are familiar with past employment law cases, which can help you better understand your rights and determine if you should take legal action against an employer. And whether you’re looking for a Houston employment attorney or one elsewhere, you should research the attorney’s qualifications and experience before hiring one to advise or represent you.

Labor and employment laws were created after years of worker oppression and in response to employees’ demands for fair and equal treatment. Because of these laws, employees are no longer required to work obscenely long hours for little pay, work in unsafe environments, or suffer from harassment and other abuses. Because of these laws, working conditions have drastically improved, and with the current legal system, employees have a means to constantly evaluate, analyze, and continue to improve working conditions in a way that ensures they can do their best work without fear of oppression or discrimination.

For some reason many people seem to confuse business and corporate law. They do different things. Business law is actually referred to as commercial law, and corporate law is usually called company law. While this might not end the confusion as to what each attorney does that practices these forms of law, it may clarify the fact that both forms of legal practice handle business and commercial transactions, and the internal rules of running a company.

Typically, a Sacramento business lawyer handles things like contracts, commercial paper, employment law, sales and agency, and deals with things like corporations and partnerships. On the other hand, corporate law pays close attention to the relationship between businesses and customers and, how things run under the auspices of the firms internal rules. Anything legal, litigated or mediated, etc. in either area of these two types of law applies to all transactions in public or private.

Lets take a closer look at what a Sacramento business lawyer handles. In this particular legal arena, business law lays out how different enterprises are set up. For instance: registration, proper documentation and other requirements, how taxes apply to them, drafting bylaws, articles of organization, company start-ups, buying or selling of other firms, handling employees in the correct legal manner, properly managing the venture and so on.

On the other side of the fence, corporate law has five things that separate it from business law (as these areas both use the same laws and processes). Corporate law deals with investor ownership, transferrable shares, limited liability of shareholders, delegated management, and the separate legal personality of the corporation. In most instances, these “differences” apply to publically owned corporations.

The interesting thing about corporate law is that its origin is from the middle ages. It was employed when medieval guilds were set-up, but not created for profit. Put another way, corporate law in the 21st century defends the rights of the company and the shareholders when legal matters need to be handled or the company goes under.

There are more than just the “five differences” that drive corporate law. For example, this area also deals with the corporate constitution, corporate litigation if necessary, the personality of the corporation, its capacity and powers, and the duties of the director. It will also handle things like acquisitions, insolvency, corporate crimes and mergers. Just be aware of the “differences” when it comes to choosing a Sacramento business lawyer for your company.

Remember this little nugget of genius from Hollywood scholar Cameron Diaz during the 2004 election cycle? : “We have a voice now, and we’re not using it, and women have so much to lose. I mean, we could lose the right to our bodiesif you think that rape should be legal, then don’t vote.”

This was part of a rambling and obviously inane monologue Diaz gave on The Oprah Winfrey Show in 2004 as she plugged both Charlie’s Angels: Full Throttle and John Kerry for POTUS. Pundits tried to defend her diatribe by saying she was expressing her support for Kerry’s pro-abortion views. How that translates into “legal rape,” I do not know. She should probably just stick to film scripts.

Well, Bush won after all that and rape still isn’t legal. In truth, it’s closer to being legal under Hollywood’s darling Obama six years later than it ever was under W.

In New Jersey last year, family court judge Joseph Charles ruled against a woman’s request for a restraining order against her ex-husband who she claimed sexually abused her. Judge Charles said he believed the man was behaving according to his Muslim beliefs, and that he didn’t have “the criminal desire to or intent to sexually assault” her.

The woman testified that her husband repeatedly forced her to have sex with him, telling her he could do anything he wanted to her because she was his wife and, as such, forced to submit. Judge Charles ruled that the husband’s behavior “was something that was consistent with his practices andnot prohibited.”

Here, Judge Charles indirectly referred to Sharia law, the sacred law of Islam and, Muslims believe, the direct will of Allah. According to Sharia, women are considered inferior to men, and as such have fewer rights. In fact, a woman counts as half a man in giving evidence in a court of law. A husband has the right and the duty, both morally and religiously, to beat his wives (yes, they practice polygamy) for disobedience or misbehavior, however weak the evidence may be. A woman does not have the right to choose her husband, where she will live, or the clothes she will wear. She also cannot travel freely unless accompanied by a male relative.

Under this law, women are never independent from the fathers, brothers, husbands, and other men in their families. One of the most common punishments for women for adultery or other misconduct is the horrific and primitive practice of public stoning, sometimes at the hands of family members. In short, Sharia maintains the extreme patriarchy of the Islamic world.

However, the feminist voices have been practically silent on this issue. It seems “legal rape” disappears as soon as a Democrat is in office. But as Judge Charles has demonstrated, this is not so.

While judges try to respect various belief systems, as Judge Charles did here, they risk condoning Sharia law in the United States. In fact, a law proposed in Oklahoma, which will be on the November ballot there, would ban judges from considering international or Sharia law in their rulings. The fact that the issue is even being considered should scare everyone. We can only hope that Oklahomans have the good sense to uphold this ban, because without it, Sharia law would be allowed in America’s courts.

Our autonomous justice system should not be considering international and Sharia law. That’s a sure first step to losing our sovereignty and becoming part of a global community with amorphous boundaries, which the left and Obama would enjoy more than we proud Americans can imagine or believe. If immigrants want to take advantage of all the God-given rights and freedoms we Americans enjoy, defended through the decades by brave men and women, they must accept that they are under the jurisdiction of our justice system based on equal rights. In fact, the primary catalyst of the liberation of Muslim women as well as the safeguarding of American sovereignty will be the obliteration of Sharia wherever it is practiced.

In a nutshell the law of attraction states that ‘like attracts like’, but the scope of this laws goes deeper than the literal meaning of these simple words. At present, the scientific world accepts the law of attraction as a theory but practitioners of the law come up with tangible statements that show that is works in a variety of ways. The law in a deeper sense explains that the dominant thoughts of a person define their reality. In this regard, you are not what you think you are but you are a person defined by your most prolific thoughts. Read on to find out exactly what the law of attraction is and how it applies to your life and that of other individuals.

In this world, various laws of nature operate harmoniously and in a fixed way, as they should because they are laws. They include the law of gravity as well as that of action and reaction. These are the most common laws because they manifest in the physical phone. Every piece of matter eventually falls to the ground when no force holds it suspended. At the same time all actions cause an equal and opposite reaction for nature to maintain its balance. In the same way, at the thought level, every thought causes a manifestation of that thought in a person’s reality. If you think more about a donkey then you will notice things related to donkeys and if it is physically possible, you will see an actual donkey.

Many people dismiss the law of attraction because they lack sufficient evidence to explain its presence and actions in their lives. In the donkey example above, a person will find it hard to keep thinking about a donkey when such a creature does not interest him or her, and in this case, it will be difficult to quantify the claim of attraction. Only pertinent thoughts that are genuinely initiated in our minds create the attraction effect in our reality. Thoughts are energy waves and the genuine ones, whether based on fear or courage, hold more energy potential than the superficial ones.

Choosing your reaction to life’s circumstances will affect your dominant thoughts about your future in the immediate and long-term sense. If you decide to focus on the bad things that will happen in your life, and actually accompany that thought with the emotions of fear, regret and frustration, then that is all that you will notice and consequently attract in your life.

A good illustration of this point comes from the habits of poor people who avoid purchasing things in bulk to enjoy discounts because they are fearful of not having sufficient money to pay other bills and emergencies. As they withhold their expenditure, they also keep on create many emergencies where their supplies suddenly run out. Overall, their thoughts on insufficiency cause them to make poor decisions that contribute more to their insufficient realities. On the other hand, people who think about abundance in their lives will shop in bulk and enjoy discounts that allow them leave them with enough disposable cash to cushion them against unforeseen circumstance. In essence, that is how the law of attraction works, where you attract and become what you think about most of the time.

February 2, 2012: Hawkins Law provides legal guidance to help clients achieve their goals in various areas of law such as family law, business law and estate planning. The firm has experienced attorneys who have a wealth of knowledge that can help clients create a strategy for a successful plan and case.

Hawkins Law can help clients with their estate planning and management. Estate planning can take many forms. Some clients may only need a simple will paired with a power of attorney to carry out their wishes if they should become incapacitated. However, estate planning attorneys have other devices at their disposal such as testamentary trusts, revocable trusts and customized trusts that may meet ones specific needs more closely.

Estate plans should be reviewed every so often, especially when there are changes in the family dynamic such as marriages, births, divorces, deaths, or inheritance, as well as changes in business ownership and retirement plans. Estate plans are for both personal and business use. In fact, estate plans can protect a business if a change is required due to retirement, death or medical reasons. Estate planning services can include dealing with issues such as wills, power of attorney, estate litigation and probate proceedings amongst others.

In addition to estate planning, Hawkins Law specializes in business law and litigation. Business law attorney Lana Hawkins has more than 20 years of experience in corporate law cases. During her tenure as a business law attorney, she handled private equity financing, company mergers and acquisitions as well as public offerings and strategic alliances. Furthermore, she has represented clients in securities law compliance and insider trading situations. She is versed in many types of law as a dedicated attorney to represent any side of a business dispute.

Rachel Jarrett is a child custody lawyer and partner with Hawkins Law who specializes in family law. She is devoted to helping families settle cases out of court when possible and is sensitive to child custody cases and family law situations. She also practices as a business law attorney in corporate cases and legal matters.

The Hawkins Law team can be consulted on estate planning needs, child custody suits and corporate and business cases. They have a commitment to legal justice which is demonstrated by a wealth of experience and knowledge to help their clients establish and succeed in their case.

Anyone interested in consulting Hawkins Law LLC can visit www.hawkinslawllc.com website, or call to 256-586-4510 for more information about their services.

CONTACT INFORMATION
Hawkins Law LLC
Lana Hawkins
45 B South Main Street
Arab, AL 35016
Phone: 256-586-4510
www.hawkinslawllc.com

The law of attraction reached public consciousness about 4 years ago with the release of Rhonda Byrnes “The Secret.” Many who had practiced the law of attraction considered “The Secret” a little thin, and accused it of being just a “feel good” piece. But the facts are is that “The Secret” did a great service in bringing the law of attraction so much attention.

How To Use The Law of Attraction

The law of attraction, in its simplest form, involves deciding with great clarity the thing that you want to attract and then following these steps.

1. Create a sensory rich vision of yourself, after you have obtained the object.

2. Note the ideas that come to you about the vision. This might be something that you should do or even someone you should talk to. This may take several sessions to happen but as you practice you will find this comes faster.

3. Take action right away.

Action, Action, Action

Do the thing that has come to you. If you don’t act on your vision when it comes to you then you are wasting your time with this entire exercise. Take action, it is that easy but the results won’t be instant. Often great things multi step. As you track these kinds of projects through you might make a chart and break out the steps as best you can. Then take each up in turn so you can progress through your project.

When using the law of attraction this way step 2 becomes critical. If you are visualizing such a project in step 1 then in step 2 you may see the project broken apart into smaller pieces. Next time you visualize start with the larger project and see yourself stepping out into your first step.

Journal Your Vision And Action Steps

It is important to journal all of this. Failing to do so will likely mean that you will fail to attract results even for the smallest project as your thoughts will stray. Using a journal before and after your visualization will keep you on track. This is an important secret that most people skip when using the law of attraction.

The Law of Attraction is at work in our world. The law of attraction works for everyone — is it being directed by you to bring the things you want to your life, or is it bringing you random results?

Choosing a law firm can be a daunting task, especially under duress of getting involved in a legal matter. A legal matter is not really a very pleasing scenario to find oneself in. Not only does it drain an individual financially, but intellectually, emotionally and personally. Legal hassles can also harm a person professionally apart from generating a lot of psychological anxiety. Therefore, choosing the right law firms in UAE or anywhere else in the world is of crucial importance. It is also to be noted that your hiring legal services of a particular law firm will also determine the fate of your case.

Many people select law firms in Dubai based on their areas of expertise, which could range from corporate and commercial law, labor and employment law, intellectual property litigation in UAE, criminal law, banking and finance law in UAE, or civil law in general. Such law firms in Dubai/ UAE are specialist firms offering only a specific kind of legal services in Dubai. But there are other law firms which serve clients on different and variety of services just like the ones mentioned above. These law firms in UAE hire specialist lawyers such as one which are reputed banking and finance, criminal or debt collection lawyers in UAE.

How Can You Make the Best Choice About Law Firms in UAE

First of all classify your kind of litigation. Whether the case be categorized under civil, criminal or corporate litigation. This will help you narrow down and make you feel less confused about your situation. Having done this, start your search for the law firm that will be most capable of handling your case and sees potential in your legal pursuit.

Get in touch with law firms that offer different kinds of legal services and have expert lawyers handling a variety of areas of expertise. These can include criminal, corporate and civil law, banking and finance law. Don’t finalize the law firm you have approached in the first go, search about and get in touch with two or three.

After you have got in touch with more than one law firms in UAE, compare their services, charges and promptness in helping you out. You could compare their efficiency in comprehending the case, willingness to go the extra mile in customer service and the vastness of their oeuvre. One must also see how widespread is the network of their lawyers.

Sometimes your case may not be that elaborative and hence would only require you to get in touch with legal consultants in Dubai. In such a scenario, an integral law firm would not dupe you off your money and in fact educate you more on the best legal option available.

There are law firms in UAE which work on the no fee contingency principle, I.e they do not charge the plaintiffs unless the compensation or a favorable decision is achieved.

Always go for law firms in Dubai that are client oriented and not just there to make money.