Law Michael Jordan – Page 13 – Contains about law Information

08
Jul
2018

Knowing the Basics of Escrow Law When Purchasing Pleasanton Real Estate

categories: Law

During the process of home buying, you’ll likely hear the term escrow many times. This can be a little bit confusing to many people, especially first time buyers. It’s your right, as a buyer of Pleasanton homes for sale, to understand escrow and the laws that govern it.

What is an Escrow?

An escrow is defined as anything of value to a party, such as a deed, a document, or money, held by an unbiased third party to be used or delivered to another party after fulfilling a certain event, condition, or obligation. The term is also used to refer to the transaction itself.

Escrow Law

For the protection of the parties who entrust their assets to escrow agents in Pleasanton or anywhere in California, the Escrow Law was enacted. Escrow agents, Internet escrow agents, and joint control agents are subject to its provisions.

An escrow agent is someone who is engaged in the field of receiving escrows for the purpose of delivery or deposit, while an Internet escrow agent is someone who is also engaged in this business, but does it over the Internet.

On the other hand, a joint control agent is any individual who receives money or other assets for spending or payment of the cost of services, materials, labor, fees, permits, or any other things acquired in the building of real property improvements.

Under the Escrow Law, anyone involved in the escrow or joint control business is required to be a corporation that is arranged for that function and must be licensed by the Commissioner. Also, all Internet escrow agents are subject to the licensure requirements. However, there are some individuals who are exempted from such requirements:

1. An individual who does business under any state or federal law that is related to insurance companies, savings and loan or building and loan associations, trust companies, or banks.

2. Any individual who has a license to practice law in this state and has a valid business relation with a principal in a personal property transaction or real estate; also, someone who isn’t engaged in an escrow agent’s business.

3. An individual whose main business is making searches or preparing abstracts of title used as a basis for the distribution of a title insurance policy by a certain company that is subject to any state law related to insurance companies.

4. A real estate broker that has a license from the Real Estate Commissioner while working in a transaction wherein he/she is an agent and is required to have a real estate license.

Below are the requirements to be able to get a license under the Escrow Law:

1. Pay the application fee
2. Must be a member of the EAFC or the Escrow Agents’ Fidelity Corporation
3. File a fidelity bond
4. Submit audited financial records that show the minimum financial requirements
5. File a surety bond of no less than $25,000
6. Must undergo background checks done by the Department
7. Must reach the minimum required experience
8. Has to provide a signed affidavit as proof that he/she is familiar with the Escrow Law
9. Must file a branch office application

If you’re purchasing a property in Pleasanton real estate, it’s essential to understand the legal aspects of the home buying process, including the Escrow Law.

05
Jul
2018

The Law Of Attraction & An Inspirational Story Of Gratitude

categories: Law

I was sent this story as a PowerPoint presentation today by a friend. I thought that it was wonderful and I needed to share it with all of you. .

Two men both seriously ill, occupied the same hospital room. One man was allowed to sit up in his bed for an hour each afternoon to help drain the fluid from his lungs. His bed was next to the rooms only window.
The other man had to spend all his time flat on his back.

The men talked for hours on end. They spoke of their wives and families, their homes, their involvement in the military service, where they had been on vacation.

Every afternoon, when the man in the bed could sit up, he would pass the time by describing to his roomate all the things he could see outside of the window. The man in the other bed began to live for those one hour periods where his world would be broadened and enlivened by all the activity and colour of the world outside.

The window overlooked a park with a lovely lake. Ducks and swans played on the water while children sailed their model boats. Young lovers walked arm in arm amidst folwers of every colour and a fine view of the city skyline could be seen in the distance.

As the man by the window described all this in exquisite details, the man on the other side of the room would close his eyes and imagine the picturesque scene. One warm afternoon, the man by the window described a parade passing by. Although the other man could not hear the band, he could see it in his minds eye as the gentleman by the window portrayed it with descriptive words.

Days, weeks and months passed.

One morning, the day nurse arrived to bring water for their baths only to find the lifeless body of the man by the window, who had died peacefully in his sleep. She was saddened and called the hospital attendants to take the body away.

As son as it seemed appropriate, the other man asked if he could be moved next to the window. The nurse was happy to make the switch and after making sure he was comfortable, she left him alone.

Slowly, painfully, he propped himself up on one elbow to take his first look at the real world outside. He strained to slowly turn and look out the window beside the bed.

It faced a brick wall.

The man asked the nurse what would have compelled his deceased roommate who had described such wonderful things outside this window. The nurse responded that the man was blind and could not even see the wall. She said, Perhaps he just wanted to encourage you.

Epilogue:
There is tremendous happiness in making others happy despite our own situations. Shared grief is half the sorrow, but happiness when shared, is doubled. If you want to feel rich, just count all things you have that money cant buy. Today is a gift that is why it is called The Present

There are so many points for you to take from this story:

We are all so busy trying to make it in life that we often miss how grateful we should be for the smaller things in life, like, having someone to talk to or someone to share our day with.
What a wonderful thing it is to make someone elses day a little brighter, no matter what is going on in yours. If you take on this attitude then you will attract more of the same into your life. It really is a win-win situation.
The power of visualisation to change our lives completely. You can take yourself to a different place, where life may be as you want it. You can take yourself to a place where you are feeling different emotions. It shows that through visualisation you have the power to create a different life for yourself. If you want something different in your life and you want it immediately then visualise yourself having it.
Today is a gift that is why it is called The Present. You want to be visualising your future goals, but dont forget to live in the present, in the moment. Be grateful for all you have and enjoy the time you have right now. It is said that a year in the future is closer to you than 10 minutes ago because you can never go back to that time, only forward.
Grasp life with both hands. Be grateful for everything you have right now, big or small. Use visualisations to picture what your future will be.

I hope you enjoyed the story as much as I did.

01
Jul
2018

Legal Myths an Attorney Amarillo Will Encounter

categories: Law

Myths surrounding the legal practice world over are many and will bring you down in case you fall for that. Any attorney Amarillo should ignore the falsehoods if he or she expects to become a successful solicitor. There is usually no truth that lies behind the myths as they are designed to cause distraction and unnecessary anguish. One of these myths is that attorneys have their concern only on money and not representing their clients. As such, many people believe that becoming a lawyer is the easiest way to get rich but that is not the case. Actually, there are cases where a lawyer will get paid if it’s successful. What happens if the client loses the case?

The lawyer is not paid and no regrets at all. Painting the legal profession as a money-making avenue is very wrong. It might be happening in many other parts but definitely not in Amarillo because attorneys there are very professional and good at their work. Arising from that, it appears like lawyers live very glamorous and luxurious lives which are far from the truth. Attorneys are not different from other people as they live within their means. Just like any other profession, successful lawyers live good lives and that cannot be a crime. It’s their right and fruits of hard work. You have probably heard people being told that they can be good attorneys just because they argue a lot.

That is a myth and any person who chooses to become an attorney just because he or she argues a lot will be in for a rude shock. Arguing is very different from being authoritative, confident and knowledgeable which are the main qualities of an attorney Amarillo. Yes you can be good at arguing but saying nothing that can help a client win a court case. That is not the type of argument envisaged for a lawyer. There is no connection between being a lawyer and succeeding in leadership. Across the world, most of the successful leaders have a background in law and the masses have been made to believe that one must be a lawyer to succeed in leadership.

The truth is that lawyers venture into leadership because of their career position. They understand a lot of things that make up leadership but not every lawyer will make a good leader. It’s a matter of choice that one has to make in venturing into leadership and not at the duress of a career. An attorney Amarillo will mostly interact with leaders whom they represent in court and from that one gets interested in public leadership. When will a doctor spending most of the time in a theater or teacher staying in classroom the whole day have time to think about leadership. Leadership is about individual decision and not career so connecting public leadership with being a lawyer is just a myth.

All in all, it will be upon you as an individual to determine whether you will believe these myths or stick to the truth.

Resource Box You should not believe any lies you hear about law and lawyers. For an attorney Amarillo http://quackenbushlawfirm.com to be successful, it has not to be under the influence of myths but effort and responsibility. Choose to be an Amarillo personal injury attorney because you understand the law and have passion but not from the influence of myths.

26
Jun
2018

Duty Of Care In Torts Law

categories: Law

Duty of care in Donaghue -v- Stevenson 1932 was defined as exercising such care out of the box due in such ‘acts or omissions which you may reasonably foresee is planning to injure persons so directly affected which you ought reasonably to obtain them in contemplation’ and Caparo Industries -v- Dickman 1990 referred and situations whereby it may be fair, just, and reasonable to impose.

This duty is owed to 1 in physical proximity: e.g., in Haseldine -v – Daw 1941 to user of a lift negligently repaired, Buckland -v- Guilford Gas Light 1941 to child electrocuted by low cables upon climbing a tree, although not with a mother for shock nor for miscarriage to a single who had previously been being who the motive force along with the rider couldn’t to have known which were around in King -v- Phillips 1953 and Bourhill -v- Young 1942; so they can one out of legal proximity: e.g., in Donaghue -v- Stevenson 1932 for illness of consumer from manufacturer’s drink purchased by another, and not if immune as public policy in Hill -v- Chief Constable 1988, or as barristers or judges – Saif -v- Sydney Mitchell 1980; as well as to one with blood-ties: e.g., in McLoughlin -v- O’Brien 1982 to a mother who by news of accident ‘it was obvious that you will find affected’ ~it may be owed for financial decrease in special professional relationships -Mutual Life Assurance -v- Evett 1971, for careless words not provided clear as being without responsibility -Hadley Byrne -v- Heller & Partners 1964, and for serious nervous shock -Reilly -v- Merseyside RHA 1994.

The injury, additionally, if reasonably foreseeable is -Fardon -v- Harcourt 1932, negligence may entitle to damages, even punitive, Rookes -v- Bernard 1964, although if contemptuously claimed to as few as the smallest coin of the realm, e.g., without costs and nominal in Constantine -v- Imperial London Hotels 1944.

Circumstances in which a duty of care can be breached, except in the case of specific torts like libel or trespass -or underneath the Rylands -v- Fletcher rule where lawfully but at your own peril manufactured any unnatural by using land and excluding cases of immunity and circumstances the place where a statutory duty properly exercised infringes the right -such as the disturbance brought on by the noise of aircraft taking of or landing – however , not if improperly exercised: Fisher -v- Ruislip-Northwood UDC 1945, such circumstances can be regardless if a risk is know and never objected to: Smith -v- Charles Baker & Son 1891, indeed in which a risk is known and has now been consented to: Bowater -v- Rowley Regis Corp. 1944 ~even if you have contributory negligence: Stapley -v- Gypsum Mines Ltd 1953 -indeed even if despite instructions.

The typical is that of the ‘reasonable man’; if injury was risked: Bolton -v- Stone 1951 ~6 times in 3 decades meant not and also the degree of the danger is proportional as far as of care required; the seriousness of the injury risked too is proportional the amount of care necessary: Paris -v- Stepney BC 1951 -more to employee blind within a eye, rather than the total nevertheless the sort of the injury on such basis as: British Railways Board. -v- Herrington 1972; a social value whether justified danger: in Fisher failure were justified in war-time black-out to get up shaded lights to protect yourself from public nuisance to the cyclist, in Watt -v- Hertfordshire CC 1954 buying the wrong vehicle in this area of accident was justified by the valuable time that is going to have already been lost in enabling there help; the cost-benefit consideration: in Latimer -v- AEC 1953 to have done in excess of reasonable could have made raise the risk too remote by comparison -except should there be a statutory duty including in the Health & Safety Acts; that standard in the example of an expert’s negligence is, instead -Latimer, of an ‘reasonable expert’.

The link between the breach of duty as well as the resultant damage have to be proven to exist ought to be fact or perhaps a couple of law. Hmo’s is susceptible to the ‘but for’ rule: in Barnett -v- Chelsea etc. Hospital etc. 1968 breach by the failure on the doctor to call hasn’t been the caused of death, McWilliams -v- Sir Arrol 1962 failed since the safety-belt would not are actually worn if supplied, in Cutler -v- Vauxhall motors 1971 the operation on a graze had been recently ordered on an ulcer on the site than me and would be a pre-existing condition; but, just isn’t broken a causative link by way of consecutive cause and did not lessen a subsequent injury the initial factors in Baker -v- Willoughby 1970, nor necessarily disentitle multiple causes when on the balance of probabilities the link considerably was the explanation: McGhee -v- National Coal Board 1973; where harm or some of it is coming from a third party’s breach the ‘but for’ rule still refers to whether he type of injury happens to be seen: Hogan -v Betinck Colliers 1949.

Aforementioned only applies in the event the breach isn’t too remote, plus it wasn’t in Wieland -v- Cyril Lord Carpets 1969 the fact that fall elsewhere and later had resulted through the necessity to discard bi-focal glasses brought on by the driver’s negligence; the special sensitivity in the claimant wouldn’t matter -‘egg-shell skull’ rule: Robinson -v- Mailbox 1974 -‘one has to take the victim as he finds him’; inside Wagonmound 1961 during the time of the breach that oil spilled could burn on sea-water could hardly reasonably, as well as in Doughty -v- Turner Mfg. 1964 as a result of state expertise, are actually foreseen; employing Bradford -v- Robinson Rentals 1967 the frostbite was on account of providing a van without having a heater.

The claimant’s proof can go on to the defendant: Steer -v- Durable Rubber 1956; no less than some evidence is necessary of negligence even if ‘facts speak for themselves’ -they will not in case the claimant can’t say so what happened: Wakelin -v- LSWR 1886, negligence could be inferred from lack of explanation by defendant, for virtually any by claimant legally Reform (Contributory Negligence) Act 1945 proportionate reduction is made.

22
Jun
2018

Computer Forensics Chain Of Custody

categories: Law

As the trend for high-specification mobile phones and computers continues at a rapid pace so too does the potential for electronic media misuse and abuse. This kind of fraudulent activity is becoming more commonly seen in legal cases, particularly with employment tribunals. Legal firms are beginning to employ the services of computer forensics experts more widely in documenting electronic evidence and providing litigation support, as this can be crucial in the outcome of cases.

Computer forensics can be used to track and provide evidence in cases of intellectual property theft, money laundering, hacking, moonlighting and the accessing of illegal or inappropriate websites. Digital forensics can also help to secure concrete evidence of illegal activity not usually associated with electronic devices including blackmail, drug dealings and abusive behaviour.

Regardless of whether digital forensics is being used in a criminal case or a civil matter (even as part of an E-discovery exercise), maintaining chain of custody is vital. This is the fully documented tracking of evidence for the period of time that the forensics team has possession of an electronic device. It ensures that each member of the team can be held accountable for any action that they take with the media.

The purpose of this chain is to log the movements of the data, how it has been stored and subsequently analysed. It is essential that this documentation presents an accurate description of any copying, transportation and storage that has occurred, to prevent any potential legal challenge.

It is worth pointing out the differences between e-discovery and computer forensics. E-discovery is the method of processing and manipulating electronically stored information to be used in legal cases. This can take the form of emails, word processed documents, images and any other type of file, which can be filtered, viewed, analysed and categorised effectively via this system. E-discovery using a forensically acquired data set is crucial in maintaining the integrity of any information present, while potentially recovering any deleted material that may be appropriate for the legal proceedings.

Computer forensics is a highly complex industry that requires the latest in product knowledge and technical expertise. Specialists will have years of experience in the on-site capturing of data from computers, servers and other forms of electronic media. This data is then analysed by their forensic analysis specialists, and used to track how a particular device has been used. All areas of the chain of custody documentation will be completed to the highest standard to ensure peace of mind for the client.