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Employment Law

Employment Law

Employment law includes the laws covering the relationships between employers and employees. Employment laws include federal and state laws, statutes, and regulations. State and local governments established many of these employment laws to protect employees. The most common form of employment laws addresses discrimination and workers compensation policies. Employment discrimination laws prohibit all forms of discrimination including discrimination based on gender, religion, ethnicity, disability, age, sexuality, and/or nationality. Discriminatory comments, harassment, and racial bias are a few variations of discrimination that occur in the workplace. Unfortunately, discrimination within the workplace occurs daily. For this reason, the government created the U.S. Equal Employment Opportunity Commission (EEOC). If a complaint reaches the EEOC concerning a business or employer, the agency’s responsibility is to investigate the situation. The EEOC, following the preliminary investigation, may pursue violations pursuant to employment law.

The EEOC frequently settles employment disputes through mediation. This process begins with a neutral third party present to assist in negotiations. Thus, mediation is as a form of alternative dispute resolution. Mediation has many positive factors contributing to the resolution of employment disputes. A few of these benefits include the ability to save time and money. Mediation decisions and agreements remain closed as well. Plaintiffs and defendants also like avoiding the cost of litigation by using mediation methods.

Medical Law

Medical Law

Medical law is a wide legal category that includes any injury that occurs to a patient because of the negligence or carelessness of a doctor, nurse, psychologist or any other medical professional. Any medical professional who provides inadequate health care and/or fails to perform his or her duties according to appropriate medical practices or standards of care in the medical community, commits medical malpractice. Medical malpractice injuries can take many forms, including the misdiagnosis of disease or condition, failure to notify the patient of inherent risk with a certain procedure or drug, prescribing the wrong drug or dosage, or negligently performing a procedure.

Nurses, surgeons, physicians, pharmacists, health care technicians, hospitals, managed care organizations such as Health Maintenance Organization (HMO) and Preferred Provider Organization (PPO) all may be held liable for any personal injuries involving medical malpractice.

When negligence results in injury, a medical malpractice cases may be brought against the hospital, clinic or any entity or person with whom there is a medical care provider/patient relationship. Legal actions can be taken for compensation when medical malpractice occurs. Patients take legal action in cases where the doctor’s actions deviate from general accepted standards of practice. Other legal actions are taken because of improper hospital care or inadequate training, such as problems with medications or sanitation. Also, patient may take legal action against the state, local or federal agencies that operate hospital facilities.

Medical malpractice is determined by laws and these laws are designed to protect the patients’ right to seek compensation if they are injured as result of negligence. However, some medical malpractice lawsuits are often complex and costly to win. Medical malpractice actions are tremendously difficult to pursue. The insurance companies have to pay out claims on behalf of the physicians and other medical professionals or the medical care facilities they represent and they aggressively defend the clients and institutions they cover from legal claims.

Traffic Violation

Traffic Violation

Almost everyone in their lifetime will, at one point, receive a traffic violation citation. Even if the traffic violation is a mild offense, it can still result in costly fees, insurance hikes, and wasted time on your part. Overall, a traffic ticket usually results in a nuisance and major hassle. Not only does a traffic violation come with a required fee, it can also result in points on your license. Points can cause insurance rates to sky rocket – and an accumulation of points can result in suspension or revocation of your license. Having a traffic violation professional, such as a lawyer, fight your ticket in court is the best way to avoid these issues.

In general, a traffic violation will fall under one of two categories – major or minor. Examples of minor traffic violations include running a red light, running through a stop sign, or speeding. Examples of major traffic violations include reckless driving and driving under the influence of drugs and/or alcohol. Even the most minor of traffic offenses carries with it some type of consequence. In most situations, a traffic ticket is issued, but in more serious situations such as drunk driving, the offender is arrested.

Most of time when a ticket is issued for a traffic violation, people choose not to fight the ticket in court or even to have an attorney represent them because they feel it is all too much of a hassle and they would rather just pay the fine and get it over with.

However, keep in mind that simply paying the ticket is like admitting you are guilty to the offense. Even if you knew you were driving a little over the speed limit or ran that stop sign, it is still not something you want to admit guilt to. This is when the points come are assessed, which will affect your license and driving record, insurance rates, and even your job if it involves operating any type of motor vehicle.

Real Estate Law

Real Estate Law

There are two types real estate law

• Commercial
• Residential

Real estate law deals with the legal proceedings that surround land ownership and the parcels that are part of it. Real estate law is divided primarily into two sections, residential and commercial.

Residential real estate law pertains to the legal right to own (or lease) property that is deemed for the habitation of people. There are many different forms of residences such as: houses, condominiums, duplexes and mobile homes just to name a few. Real estate law attorneys are typically retained by both the buyer and seller of a property to negotiate the contractual language that will be part of a sale. The attorney will also ascertain if the potential seller owes outstanding taxes on the land which, depending on where the transaction takes place, must be incurred by the new owner if not resolved. Typically, in a residential lease agreement situation, only the seller would retain a real estate lawyer to help draft the contract that the potential tenant must agree to before establishing residence on a property. These contracts typically include rules that the lessee must adhere to in order to maintain occupancy of a property.

Commercial real estate law typically concerns property with four or more residences comprising it. It also involves property used in the operation of businesses. Commercial real estate for business usage comes in host of different forms such as office buildings, industrial complexes and retail stores. In these instances, the real estate is typically leased. Commercial real estate law is typically more situationally specific in that the contract language is more elaborate. Lease agreements are actualized over a much longer time frame than residential transactions and the parameters are customized on a case by case basis. Certain elements such as zoning restrictions and profit sharing are subtleties that can exist in a commercial real estate contract that may not ever appear in a residential real estate contract.

Environmental Law

Environmental Law

Environmental law is a very broad and complex compilation of laws and legal issues that consists of statues, treaties, regulations, common law, conventions, and policies enacted to protect the natural environment from the impact of our affects on nature, or from the unnatural perils created by human activities. The policies designed to protect the environment include safeguards and management of ecosystems, terrain, public land, water systems, and air quality from the corruption or contamination by chemical substance, hazardous wastes, and other pollutants. Several environmental laws regulate the amount and kind of impact from human activities. For example, environmental law regulates the amount or level of pollution on a particular system, or by requiring permits or authorization for potentially harmful activities. Other environmental laws are constructed to protect nature by trying to determine or prevent any possible negative impact before the human activities can take place.

Environmental law arose in the 1960s in the major industrial economies. While many countries worldwide have since build up extraordinary sets of environmental laws, their implementation has been deplorable in many cases. Recently, environmental law has become a very serious way of promoting sustainable development. Progressive policy concepts such as the public involvement, preventive measures, quality standards, environmental justice, and the polluter pays principle have encouraged several environmental law reforms in this respect. There has been substantial experimentation done in the quest for a more effective method of environmental control beyond the traditional practice of "command and control" style regulation.

Business Law

Business Law

Business law (also known as commercial law) is the area of law that dictates and interprets the rules and regulations regarding commerce, business matters, and business transactions. This area of law has many facets that deal with matters such as, employment practices, contractual issues, the manufacturing and distribution of goods and services as well as intellectual property rights just to name a few.

Business law, pertaining to contracts, monitors the fulfillment of financial obligations readily agreed upon in those contracts. Lawyers who handle contracts for businesses or corporations typically participate in the drafting, editing, and execution of these agreements. They make sure that all the parties named in the contract adhere to the outlined stipulations and assist in making changes when necessary. For example, buying or selling a company typically demands the participation of a business law attorney that will draft a contract on behalf of the seller outlining the previous, verbally agreed upon guidelines. The buyer will also have a business lawyer review the drafted contract and each attorney will follow through to ensure the proper execution of the contract.

Another function of a business attorney is to make sure that certain contracts or transactions proceed according to the laws that govern that particular area. For example, if someone was to open a bar or nightclub in a certain area or community, a business law attorney would review possible zoning laws that may prohibit a business of that type to operate in a certain area based on restrictions that the local government has established. Laws of this type are always different from community to community and can evolve from the local, state, and federal levels. It is important for business law attorneys to be well versed in all of these areas.