About The Lemon Law For Cars Who To Consult

Almost everyone knows how frustrating it is when you buy something new and it does not perform as expected. Since many people depend upon their cars everyday to get them from Point A to Point B, a car that does not work is not only exasperating but inconvenient. If you have a vehicle that isnt performing up to par, you may have a lemon. There is protection for consumers in this case. In the United States, the lemon law for cars covers such a contingency. It is simply a matter of finding out whether you and your vehicle qualify under the legislation.

Finding Information on the Lemon Laws for Cars

When it comes to finding information about the Lemon Laws in America, you can consult several sources. You need, of course, to be aware of the two different types of lemon laws that could be applicable in your case: federal and state. The federal government has its own lemon law. This is the MagnusonMoss Warranty Act. Yet, most individuals tend to rely on the lemon law for cars of their won state. This creates a problem. The laws for each state differ sometimes infinitesimally, but they do have differences.

Take the coverage in terms of how long the car has been in the shop requiring repairs and/or replacement parts. In New Jersey, the lemon law states they will cover a car that has been shop bound for 20 days. In California and Pennsylvania, the minimum period is 30 days. Other characteristics of the act may be more subtle. You can find the lemon law for cars on the internet. Several sites provide the basic information. Check to affirm their credibility. State legislative and vehicle-related sites may contain the specific information you require. They can quote the legislation or provide you with an overview. This may be enough to help you at the beginning.

Talk to a Lemon Law Lawyer

Yet, it is usually not enough to simply look at the lemon law for cars for your state. You need to be able to understand the fine points. This is one reason why you might need to talk to a lawyer. A specialist in this field can help you be aware of the exactly what the law requires and demands of you and your car before it can accept your case under the lemon law. Moreover, a lemon law lawyer is able to sort through the fine print of your warranty, talk to the relevant parties and get to the heart of the matter. He or she is also there to guide you through the process and help you if the manufacturer, through the dealership, decides to put up a fight.

Child Custody Advice About Common Legal Custody Terms

A newly divorcing parent suddenly finds that they have to learn an entire new language-the legal language of custody. There are so many terms that it is easy to get overwhelmed or confused. Here is a basic guide to the common legal terms in custody situations.

Joint Custody. Also called: Shared custody, Coparenting, Shared parenting. Joint custody can refer to physical joint custody or legal joint custody. Physical joint custody is when parents share the physical time with their child. The child lives about equal time with both parents. Legal joint custody is when parents share the decision making process for their child. Both parents give input to education, religious, and health decisions. All of these terms imply that the parents are working together to raise the children. This is the alternative to sole custody. Sole custody is when one parent has the majority of time with the child and the other parent visits. And when one parent makes all the decisions about the children.

Child Custody Agreement. Also called: Parenting Plan, Child Visitation Agreement. The child custody agreement defines the terms of the arrangment for child custody. It explains what type of custody the parents have (joint, sole, etc) and it also has the visitation schedule. The visitation schedule is the terms for the parent visiting the child. Included in this are the holiday visitation schedule and vacation schedule.

The custody agreement also includes any provisions or stipulations the parents have about the agreement (like, if the parents have to give a copy of an itinerary to the other parent before going on vacation). After the custody agreement is presented to and accepted by the court, the court makes it an order. The custody court order is the legal agreement for custody. The parents must honor the agreement or they will be held in contempt of court.

Child Custody Court. Also called: Family court. This is the court that accepts the child custody forms and papers that you have to turn in when you file for child custody. This is the county court in your state. It is the same court where you file for divorce.

Child Custody Mediation: Mediation is where you and the child’s other parent meet with a neutral third party to work out your custody agreement. You can seek out private mediation or sometimes it is available through the court. Some states require that the parents attend mediation before going to court.

These are the most common terms you’ll hear when involved in a child custody situation. Once you get used to the language, it makes the whole process a lot less confusing. And, once you understand the legal terms, you are free to move on to the more important issues–like creating your custody agreement and visitation schedule.

Legal Options of Debt Relief

Debt relief is anything that can help someone cope better with a bad financial situation. As a bankruptcy attorney in Nashville, Tennessee, Ron Nevin has helped many people find relief from excessive debt. Here, Nevin explains the term -debt relief- and talks about some legal options available to help individuals who are struggling to meet their financial obligations.

With the economy still on shaky ground and unemployment in some states at all-time highs, many people are finding themselves faced with sky-high debt and piles of bills. When it comes to debt relief, it can come in several forms. Most commonly, however, the term -debt relief- refers to either a Chapter 7 or a Chapter 13 bankruptcy.

Chapter 7 Bankruptcy Chapter 7 bankruptcy is what many people call a -straight- bankruptcy. In a Chapter 7 bankruptcy, most of your debts are discharged. For individuals who are struggling with late credit card payments, medical bills or impending foreclosure, this means relief from threatening phone calls, harassing letters and the fear of losing their home. While a Chapter 7 bankruptcy may not leave you completely without debt (you are still responsible for domestic support obligations, taxes and student loans), it does end the stress and anxiety that accompanies seemingly insurmountable debt.

Chapter 7 is not without disadvantages, though. When you file for Chapter 7 bankruptcy, the bankruptcy trustee can sell any of your nonexempt assets in order to help satisfy your creditors. In extreme cases, however, when an individual is faced with a large amount of debt and no means to repay it within a reasonable timeframe, Chapter 7 bankruptcy may be the only option that makes sense.

Chapter 13 Bankruptcy On the other hand, debt relief comes in a slightly different form in a Chapter 13 bankruptcy. Chapter 13 is most appropriate for someone who is earning an income but, for some reason, has amassed a large amount of personal debt and has fallen behind on payments. When you file for a Chapter 13 bankruptcy, your debt is consolidated and you’re given a payment plan.

Your Chapter 13 payment plan is advantageous for a number of reasons. First, the plan makes your debt more affordable on a month to month basis. Because your debt is consolidated, you’re no longer responsible for paying several bills each month. Instead, you will make a single payment, the amount of which will be determined by your income and necessary living expenses. Second, your payment plan spreads your debt out over a longer period of time, usually from three to five years. This lowers your monthly obligation substantially and allows you to keep more of your income. Having more income to pay for your living expenses helps prevent you from incurring additional debt while you’re paying off your existing creditors, thereby -stopping the cycle- so you can get back on your feet.

Chapter 13 bankruptcy provides relief by allowing you to pay off your debts and improve your credit. It simply changes your situation from one in which you can’t meet your monthly obligations into one in which you can. This also means that the whole of your debt will be paid from your income, not from the sale of any of your assets. Chapter 13 also allows you to keep real property, even if it is not your primary residence, so long as you continue to meet your obligations under your Chapter13 payment plan.

Before deciding to file for bankruptcy, it is always advisable to speak with an attorney to determine which debt relief option may be available to you. In some cases, you can even achieve debt relief without filing for bankruptcy at all. By re-negotiating your agreements with creditors or working out a mutually agreeable discounted payment schedule, an attorney may be able to help you through a difficult financial time while minimizing the impact on your future credit.

This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.

Ron Nevin is a writer for Yodle Law Marketing, a business directory and online advertising company. Find alawyer or more lawyers articles at Yodle Consumer Guide.

Point of Care Test Cups Held to be a Prohibited Benefit to Physicians Who Could Not Otherwise Bill

When a physician cannot bill for test results, and a company offers to give that physician those test results for free, a Florida Federal Court has ruled that the company is offering the physician prohibited remuneration. On May 5, 2015 the Middle District of Florida granted partial summary judgment on the latest motion in a contentious litigation between Ameritox Ltd. and Millennium Laboratories, Inc. Ameritox and Millennium are competitors and clinical laboratories that screen urine specimens for the presence of drugs. Millennium provided free point of care testing cups to physicians, who use the cups for initial testing and then return the cups back to Millennium for confirmation tests. Physicians do not bill patients or insurance companies for the point of care tests. Ameritox claimed that the provision of free point of care testing cups to physicians violates the Federal Anti-Kickback Statute and Stark law. Neither law allows a private citizen to make a claim against another private citizen for its violation (i.e., a government entity would have to assert a cause of action for violation of these laws against a private company). Ameritox argued, however, that Millennium’s alleged violations of the laws provided a basis for Ameritox’s unfair competition claims. The Stark Law prohibits physicians from referring their Medicare and Medicaid patients to business entities with which they have financial relationships. The term financial relationship includes compensation arrangements involving remuneration between the physician and the entity. The Stark law does provide exceptions from the definition of remuneration. However, the Court determined that, in the event that a free device provides an additional benefit to a physician, the device is considered prohibited remuneration. The Anti-Kickback Statute prohibits health care providers from knowingly and willingly offering to pay any remuneration to induce a physician to refer a patient for services covered by Medicare or Medicaid. It defines remuneration as including -transfers of items or services for free or for other than fair market value-. The Court held that the provision of free point of care testing cups to physicians constitutes remuneration (under both the Stark Law and the Anti-Kickback Statute) when those physicians could not otherwise bill for testing of the same specimen. The Court reasoned that provision of free point of care testing cups provides a valuable benefit to physicians in the form of free preliminary test results that the physicians could not have otherwise obtained. The Court left open for the jury to decide the provision of free point of care testing cups to physicians constitutes remuneration when physicians could bill for the testing done with the cup and agreed not to. As an academic aside, apart from this lawsuit and applicable Federal law, it is important to note that Florida law contains an anti-kickback statute that is specific to clinical laboratories. The law is broad and does not contain the safe harbor exceptions incorporated into the Patient Brokering Act. Clinical laboratories operating in Florida are well-served to become educated about this law.

Submit your questions at Florida Healthcare Law Firm Blog

Outsourcing Legal Data Typing Services

Legal data typing services are the basic need in todays legal firms. It enhances the work quality and the profit rates of the firm. The legal data typing services ranges from correspondence, notes, reports, minutes, hearings, depositions and other related legal documents.

The scope of our legal documents services helps the entire legal related firm in many steps like legal correspondence, court reporting, consultations notes, interview and other legal secretarial work.

We at Word Processing India strive to provide these services to our clients and they trust on us to deliver exactly what they need as we provide absolutely secure and efficient legal documents typing services.

With flexible services management, transparent project management and speedier services delivery, our firm has gained a marvelous position in the competitive market of service providers.

Our service consists of superior quality legal data transcription into the format of clients preference and we cater according to the needs of law agencies, legal attorneys, and legal court reporters.

Thus with years of experience in this field we have successfully handled typing work for larger files like affidavits, court hearings, interviews etc. Other works also includes Litigation, licensing, settlements, real estate and many others.

By outsourcing these legal data typing services to Word Processing India one can enjoy the responsiveness, flexibility and reliability of our Legal Typing Service that has made us one of the most sought after companies in this field.

Benefits of outsourcing these Legal data typing services are:

Optimum Security, Privacy and Confidentiality
Comprehensive Solutions
Extensive Domain Experience managing legal work in your country
can provide turnaround times
Our friendly staff is always available for immediate phone and email support during business hours.
Flexibility to manage your legal requirements more effectively.
Assist their in-house typists by outsourcing transcription of meetings, correspondence and court documents
The completed file is then proofread to determine the accuracy.
We assure you of accuracy, quality and attention to detail. All work is treated as confidential.

Thus Word Processing India has recruited the best, and trained them to understand and produce perfect documents as we have researched in depth the legal systems without sacrificing quality and thus furnish work of utmost accuracy.

Definition And Use Of Tort Law

Simply put torts are civil laws that recognize personal wrongs which answer to a charge of law as grounds for accountability or lawsuit. These are wrongs that have resulted in personal injury or harm and are grounds for seeking a claim of compensation by the injured party. Some torts are civil crimes which are punishable by imprisonment but the main reason of tort law is to provide a way to be compensated or get relief for damages inflected and to discourage any one else from committing the same harmful violations. The person who was injured may sue for an injunction to halt the damaging conduct or for monetary compensation for damages encountered.

There are several types of damages an injured party may make claim and receive compensation from, such as : loss of wage capacity, pain and suffering, undue mental duress, and reasonable medical expenses. Claims can include both present and future expected losses. Included amongst the most common of torts are: trespass, assault, battery, negligence, product liability, and intentional infliction of emotional distress (harassment).

Torts also fall into three general categories:

1.intentional torts (e.g., intentionally harming a person);

2.negligent torts (causing an accident by failing to obey traffic rules); and

3.strict liability torts(e.g., liability for knowingly making and selling defective products

Intentional torts are those wrongs which the defendant had knowledge of, or by reason should have known, would occur through their direct involvement, being a part of or intentional lack of action. Negligent torts are when the defendant’s actions are deemed unreasonably unsafe. Strict liability wrongs don’t depend on how little the defendant’s sense of responsibility was, but is established after the fact, when a particular action causes damage. A person may operate in a unreasonable manner but is not subject to tort until a claim to cease and desist or call for compensation is made.

Tort law is derived through common law Judges and enacted into state law by legislatures which enact statutory law.

General Principle Torts (1) Any one who invades the privacy rights of another is subject to liability payment for any resulting damage to the interests of the person who was harmed. Privacy invasion is explained by: (a) unreasonable intrusion upon the seclusion of another, or (b) identity theft, appropriation of the other’s name or likeness, or (c) Malicious, false or unreasonable publicity given to other person’s private life, or (d) publicity of an unreasonably nature that places the other person in a false light before the public, Intrusion upon Seclusion is a person who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another person or his/her private affairs or concerns. The wrong doer is subject to liability to the wronged for invasion of privacy, if the intrusion is seen as highly offensive to a reasonable person. Appropriation of Name or Likeness (identity theft) is a person who takes the name or likeness of another for his/her own use or benefit The wrong doer is subject to compensate the wronged person for invasion of privacy.

Be A Certified Legal Nurse Authority

The career of nursing is one of technical medical knowledge as well as compassionate people skills

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OC Legal Referral Agencies

Do you think you’re a resident of California trying to find a competent family law lawyer to handle your case in the divorce, infant custody, and alimony or property separation case? Simply visit oc California bar association lawyer referral service. Aside from personally interviewing a quantity of lawyers, referral services work most effectively supply of professional and experienced family law lawyers in Orange County./p>

Because oc comes second one of the most populous counties in California, you can be positive to get one of many many family law attorneys which will match your legal needs and have a mutual solution. It is essential is usually to examine legal counsel referral service with a reputation. While many services will just help you find an attorney, others will assure you find legal counsel who matches your case.

Fortunately, there are several referral services in Orange County that happen to be reliable. These include

1. 1. Online referral services

2. 2. Public referral services

3. 3. Private referral services

Each one of these referral services differ in cost, how much information given about lawyers, number of lawyers, lawyer qualification to go in the service, etc. if you’re finding it difficult to acquire a good lawyer from these sources, there are a myriad other referral services that is to be of proper help. A good example may be the Legal Aid Society of Oc which supplies services to low income earners and elderly people.

Advantages of choosing an attorney referral service in Oc

Many individuals facing emotional life events inside their families prefer using referral services to get good family law lawyers to operate on their cases due to advantages the service offers. Many of the advantages are

– Offer a way to utilize a family law lawyer who may have been pre-screened for their expertise and experience

– There exists a plethora of trained and multilingual attorneys who provide a listening ear anytime to chat

– Be assured that the lawyer includes a malpractice insurance

– Be able to think about reviews in regards to a lawyer’s performance along with what former clients say

– You can be positive that whichever lawyer you decide on has a good standing together with the California state bar in addition to American bar association

– The speed of initial consultation is generally reduced in referral services, some are even offered free of charge

– Obtain a second, third and even fourth opinion about your case

Browsing a referral service saves time. For instance, you just mention your case once.

– High amount of confidentiality particularly if include the kind that does not want people to know what is going on with you and the family

Cases which entail the family like a unit usually cause you to go through trying and emotional moments. When the case is not handled well, it could lead stress, depression or even suicide. The achievements of the case starts from your initial steps of choosing a family law lawyer. There isn’t any better method to make the best decision about which family lawyer to work with other than a lawyer referral service in Orange County.

See Attorney Julian Fox> at the State Bar of California site at http://members.calbar.ca.gov/fal/Member/Detail/144716.

The Law Of Attraction Proven!

After watching the film “The Secret,” you may have asked the question like I did “Is it really true? Can we really be, do or have ANYTHING we want? And if so, can it be PROVEN?

How exactly does “The Law of Attraction” work? How does our brain operate to bring us the things we want, or don’t want through the law of attraction?

This new book titled “The Law of Attraction PROVEN! And how to make it work for you!” finally gives real proof of how the law of attraction works, and how it brings everything into your life.

There are several exercises within this book, that reveal exactly what’s happening within your brain, that have brought you to where you are now. It also then shows you how to go about changing your life to create life you truly want.

Through the technology of Neuro-science, this book uncovers what you have linked to many aspects of your life, including wealth, finance, business, relationships, success, and happiness.

Dr Demartini from “The Secret” talks about how in order to make “The Law of Attraction” work, we must follow things that are aligned with what we value. This book helps us find exactly what we value, and how to line ourselves up with that.

It also discloses the truth about how Rhonda Byrne, author of “The Secret” created the Movie The Secret, information that is not discussed throughout the film.

Esther hicks, from the teachings of abraham, mentions that there are two main components to making the law of attraction work. There is your wanting for something, and your belief that you will have it. When I heard that I instantly thought, that’s great, I know what I want, but how do I go about believing that I’ll achieve it?

This book not only helps you learn what your beliefs are, but how to change them if they’re not serving you, or strengthen them in order to attract what you want. It also shows how to intensify desire.

Definitely a good read, I recommend it to all.

San Diego Landlords Beware Of Eviction Control When Terminating A Month-to-month Tenancy

Mercifully, San Diego does not have rent control. Unfortunately, San Diego does have its close relative-the unwelcome mother-in-law of rent control-better known as eviction control or for cause eviction.

San Diegos eviction control ordinance substantially impacts a landlords right to end a month-to-month tenancy. Moreover, the ordinance can be a trap for the unwary landlord unfamiliar with its mandatory notice provisions. A notice terminating a month-to-month tenancy that does not comply with the eviction control ordinance could cause the inexperienced landlord to lose his eviction case at trial and have to start the eviction process all over again.

What is San Diegos eviction control ordinance? The ordinance applies to every tenancy of two years or greater duration. When a tenant has lived in your rental property for two years or more, you may only terminate his month-to-month tenancy, or refuse to renew his lease, for certain specified reasons. On the face of it, the authorized reasons in the ordinance dont seem unreasonable. As examples, a landlord may only terminate the tenancy for things such as nonpayment of rent, breach of lease, tenant use of the property for an illegal purpose, or landlord withdrawal of the premises from the rental market just to name a few.

The ordinances restrictions wouldnt appear too onerous to most landlords since a landlords typical reasons for terminating a tenancy match those permitted by the eviction control ordinance. However, the ordinances mandates do not end there. The ordinance further requires that the landlord serve on the tenant a notice setting out the reason or reasons for terminating the tenancy at the same time that the landlord serves the 30-day notice, 60-day notice, or 3-day notice, whichever the case requires.

In other words, to comply with San Diegos eviction control ordinance, you must first have a permitted basis for terminating the tenancy. In addition, you must serve a separate notice on the tenant setting forth that permitted reason at the same time that you serve the notice terminating the tenancy. Thus, a tenant who is protected by the eviction control law should get two notices, one terminating the tenancy (the 3-day, 30-day, or 60-day depending upon the case) plus another notice setting forth the reason authorized by the eviction control ordinance.

Additionally, to be valid, both notices must be served according to law, i.e. they must be personally served on the tenant or served through a valid substitute service or post and mail service. I cant tell you how many landlords I have seen in my practice make the mistake of not complying with the eviction control ordinance. In fact, nearly every client I see who has tried to terminate a month-to-month tenancy with a 30-day or 60-day notice either didnt comply with the ordinance or didnt serve it right.

The consequences for the landlord to not terminating the tenancy right can be dire. At a minimum, the landlord will suffer the lost time and inconvenience of having to serve a new notice. If the landlord has sued on a bad notice, the consequences can be worse. The tenant will win the eviction case and the landlord will have to start the entire process over again, thus losing more time, rent, plus costs and attorneys fees. If you want to end a month-to-month tenancy, or not renew a tenancy, on some ground other than non-payment of rent, you should consult a lawyer to make sure that you comply with San Diegos eviction control ordinance.