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Articles about findlaw (0-50 of 85)
- Federal Sentencing Guidelines: Should They Be Abolished?
By: Philip Louie | - Outside of the ongoing healthcare debate, arguably the most controversial issue facing the 111th Congress stems from federal sentencing guidelines. Much maligned for their disproportionate impact on minorities and the poor, mandatory minimum sentences are facing increased scrutiny in light of state budget shortfalls, federal deficits, and changing policy on crime and punishment in America.
This article highlights the history of federal sentencing guidelines, the number of reforms ...
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- Navigating Social Networking Sites During Divorce
By: Philip Louie | - Whether users are posting vacation videos or discussing dinner plans, social networking sites such as Facebook, MySpace and Twitter allow people to connect and share a great deal of personal information. Most of the time, this sharing comes with few negative consequences. An exception arises, though, when someone is preparing for divorce. These Web sites have collectively become a rich source of information for divorce lawyers preparing for contentious litigation.
If you are prepa ...
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- New York Must Safeguard Labor Protections For Workers
By: Philip Louie | - In late April, a vacant five-story building collapsed in Tribeca in the early morning. Luckily, no one was on the street at that time in the morning and construction crews working on nearby buildings hadn't yet reported for work -- the only casualty was an old car that sat on the street in front of the structure. It was later discovered that inspectors had been out to the building the week of the collapse and told the building's owner that the structure needed to be reinforced internally and ext ...
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- Premarital Agreements: Insuring Your Future
By: Philip Louie | - People often equate premarital agreements with planning for divorce. Instead, you should think of a premarital agreement as an insurance policy on your marriage. While everyone hopes for a long and successful marriage, if something happens a premarital agreement gives you a measure of protection.
Like any insurance policy, a premarital agreement is simply a contract -- in this case, between you and your soon-to-be husband or wife. While premarital agreements generally are used to ...
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- State Assembly Passes Tough Legislation Aimed At Bus Companies
By: Philip Louie | - The California State Assembly passed two important pieces of legislation -- Assembly Bills 636 and 951 -- aimed at strengthening the penalties against charter-party carriers and drivers who choose to ignore or violate California's safety and licensing laws.
Charter-party carriers include limos-for-hire, tour buses and other types of passenger charter transportation. They do not include city buses, school buses, taxis, rental cars or other vehicles that run on set schedules.
...
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- Protecting Policyholders In Case Of Insolvency
By: Philip Louie | - The current recession has witnessed the fall of some of the country's biggest companies, from financial giants like Bear Sterns and AIG to automakers Chrysler and GM. Many insurance companies have also filed for bankruptcy, leaving many policyholders concerned about their personal financial security and the viability of any potential claims.
While these are valid concerns, insurance policyholders need not worry that their claims or their policies will become worthless. Like banks, ...
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- The Economic Impact Of A Divorce
By: Philip Louie | - An important consideration for those contemplating divorce is the economic ramifications of that decision, particularly if the couple has a large amount of debt. Without taking the necessary steps to protect one's interests, debt from a marriage -- even a marriage that ended years ago -- could come back to hurt both pocketbooks and credit scores.
Pennsylvania is an equitable distribution state, which means the courts will divide and distribute property from the marriage in a way t ...
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- Recovering Lost Wages After An Accident
By: Philip Louie | - Accidents are expensive: Aside from potentially steep medical bills and car repair or replacement costs, many people face lost wages from the time they miss from work to go to doctor appointments or recover from injuries. Sometimes, accident injuries are severe enough that people can never return to their old jobs. So, if you are injured in an accident who will pay for your lost wages? Under Florida law, you do.
No-Fault Insurance & PIP Benefits
Florida is a no-faul ...
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- Electronic Evidence In Truck Accident Cases
By: Philip Louie | - As litigation techniques evolve with the available technology, computerized dispatch records, cell phone forensics, GPS technology and computer animations make it possible for attorneys to better investigate their cases and better represent their clients at trial.
Digital data has already begun to affect truck accident litigation. For instance, federal motor carrier safety laws regulate the hours of service for all commercial truck drivers. Truck drivers, however, sometimes falsif ...
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- Supporting Women Through Difficult Divorces
By: Philip Louie | - Some women may have concerns about their ability to support themselves following a divorce. Whether they are stay-at-home mothers who left the workforce years ago or wives who took care of the home and supported their husbands while they finished their education, women may feel they must choose between staying in an unhappy marriage and an unknown financial future. Particularly in this tough economy, women may feel that divorce is not an option.
It is important for women to know t ...
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- What To Do When You Have Been In A Car Accident
By: Philip Louie | - It is an unfortunate truth that most adults will be involved in some type of motor vehicle accident during their lifetimes. Even the most minor of accidents can leave you shaken up and not sure what to do at the scene or during the days that follow. Below, you will find information on the steps you should take at the scene of a car accident.
At the Time of the Accident
You should never leave the scene of an accident. Even if the accident was a minor fender bender an ...
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- Sex Offender Registration And Supervision In New Jersey
By: Philip Louie | - Allegations of sex crimes, even if totally unfounded, can haunt you for the rest of your life. Once an allegation has been made, you not only must face the criminal justice system, you unfortunately also may have to defend yourself in the court of public opinion. Should you be convicted of a sex offense in New Jersey, the punishments are severe, including the possibility of a lengthy prison sentence and lifelong registration as a sex offender. Registration could severely limit your housing, educ ...
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- Working With An Attorney Following A Car Accident
By: Philip Louie | - Many mistakenly believe that they do not need a lawyer to help them after a car accident and that a lawyer will just add expense and trouble to an already inconvenient and stressful situation. But the true expense and trouble following a car accident begin once the injured person starts calling the insurance companies and seeking payment for medical bills, property damage, lost wages and other out-of-pocket expenses.
Working with an attorney can make the process not only less pain ...
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- The Recession Creates New Obstacles For Divorcing Couples
By: Philip Louie | - The current state of the economy makes it more difficult for some couples who want to go their separate ways to follow through with a divorce. With the housing market at a bust and the national unemployment rate reaching a 25-year high, many couples believe that they simply cannot afford a divorce in this economy.
The New Challenges of Divorce
The family home is the most valuable asset owned by the majority of married couples. During a divorce, the court may award t ...
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- Social Networking Sites, Texting, Sexting, And Crime
By: Philip Louie | - Social networking sites have reconnected old friends and acquaintances, built online communities who share interests and triggered new ways to communicate and convey information. However, these sites are also increasingly being used in legal and criminal investigations. Information posted on sites such as Facebook and MySpace have been utilized to prosecute users of these Web sites.
There have been some prominent cases of students facing criminal charges or adverse consequences fo ...
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- Sex Crimes: Definitions, Penalties And Consequences
By: Philip Louie | - "Sex crimes" is a general category of criminal conduct that normally includes offenses such as rape, statutory rape, child rape, child pornography and other crimes involving sexuality. States have different definitions of sex crimes and may require varying types of proof against someone who is charged with one of these offenses.
New Jersey: Sexual Assault Charges
In New Jersey, rape is punished either as "sexual assault" or "aggravated sexual assault." Sexual assaul ...
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- Security Lapses Can Be Dangerous
By: Philip Louie | - Security experts warn that members of the public should always be aware of their surroundings, even when they're in apartment buildings, grocery stores, restaurants, hotels, amusement parks and other places where security equipment and personnel are provided by owners.
Law enforcement officials across the state are dealing with violent crimes, including assaults, sex crimes and robberies, perpetrated at facilities with security measures.
Hotel and Restaurant Safety ...
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- Premarital Agreements Are Alive And Well In Florida
By: Philip Louie | - Unfortunately, the reality in our society is that we cannot rely on the promise of a lifelong marriage. The United States currently has the highest divorce rate at about 50 percent for first marriages and almost 70 percent for remarriages. If you live in Florida, the picture becomes even more bleak. A CDC National Vital Statistics Report reveals that in the month of October 2008, Florida had the highest number of divorces (7,007) among the 44 responding states.
Considering the Cen ...
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- The Impact Of Automaker Bankruptcies On Injured People
By: Philip Louie | - With both the Chrysler and General Motors bankruptcies now approved, the companies were able to shed billions of dollars in debt and other liabilities. Included in this debt were the rightful legal claims of consumers who were injured by the automakers' products. Those individuals hurt by GM and Chrysler vehicles before the companies entered bankruptcy will likely be able to recover only a small fraction of the compensation owed to them -- a result that is both unfair and insulting to those who ...
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- The Rights Of Non-custodial Parents In New York
By: Philip Louie | - In New York, there are two types of custody arrangements for divorcing parents or unmarried parents who are separating. One arrangement is known as joint custody. In joint custody, both parents have the right to make important decisions as to their children's lives. These decisions involve areas of a child's life such as health care, religious upbringing and education. The second type of arrangement is referred to as sole custody. In a sole custody arrangement, only one parent, referred to as th ...
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- 2009 Changes To California's Dui Laws
By: Philip Louie | - Each year, the state's drunk driving laws get tougher and the punishments more severe. 2009 was no exception. The legislature passed a zero tolerance law for DUI offenders on probation, decreased the blood alcohol content (BAC) level needed to trigger the use of ignition interlock devices and made DUI programs mandatory for those on probation for a "wet reckless" driving charge. You will find more information on each of these laws below.
Zero Tolerance Law
Effective ...
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- Irs Amnesty Program For Unreported Offshore Bank Accounts
By: Philip Louie | - Over the last year, the IRS has been placing increased pressure on foreign banks to give up the names of American taxpayers who keep unreported offshore bank accounts in their institutions. The IRS has uncovered various fraudulent schemes committed by certain foreign banks to help US taxpayers hide their assets from the IRS. Several well-known banks already have cut deferred prosecution deals with the IRS, including Lloyds TSB Bank and UBS AG Bank.
While these banks currently only ...
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- The Impact Of Gant V. Arizona On Motor Vehicle Searches
By: Philip Louie | - The Fourth Amendment protects people from unreasonable searches and seizures, and Americans are well aware that you don't give up your rights just because you get in your car. As the Supreme Court noted in Coolidge v. New Hampshire, "[t]he word 'automobile' is not a talisman in whose presence the Fourth Amendment fades away."
Generally, this protection against unreasonable searches and seizures means that police officers may not search an individual without a valid warrant. Howeve ...
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- Attorney Contingency Fees Explained
By: Philip Louie | - Imagine that you are seriously injured in a car accident through no fault of your own. You are rushed to the hospital, where the doctors piece you back together with several surgical procedures. You don't know if or when you will be able to work again. The medical bills are piling up. You are falling behind on your mortgage, bills and car payments.
How can you afford to hire an attorney at a time like this? It's simple. Hiring a personal injury attorney to represent you costs you ...
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- Wisconsin Insurance Battle Heats Up
By: Philip Louie | - Governor Jim Doyle has asked the legislature to pass the Truth in Auto Insurance law. The proposal, contained within the Governor's budget, would reverse several pro-insurance-company provisions enacted in sweeping 1995 tort reform legislation and return Wisconsin law to its long-standing status.
Two of the proposed changes in insurance law would have considerable impact on the ability of Wisconsin residents to obtain a full measure of justice if they are injured in automobile acc ...
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- South Carolina Cracks Down On Dui
By: Philip Louie | - South Carolina was known as having some of the most lenient punishments for driving under the influence (DUI) in the country. As the number of alcohol-related fatalities in automobile accidents climbed, however, the state legislature decided that enough was enough and passed sweeping changes to South Carolina's DUI laws in 2008. These changes came into effect February 10, 2009.
Under the 2009 changes, penalties for DUI convictions are determined based on the driver's blood alcohol ...
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- The Losing Battle Over Indigent Defendant Rights In Georgia
By: Philip Louie | - In 1963, the US Supreme Court held in the landmark case Gideon v Wainwright that the Sixth Amendment of the US Constitution requires state courts to provide attorneys to any criminal defendant who is unable to afford one. In the past 46 years, however, many states have been unable -- sometimes even unwilling -- to meet this important obligation.
Right now Georgia is facing a crisis in the funding of its public defender program. The state has been unable to pay attorneys representi ...
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- Filing For Divorce In California
By: Philip Louie | - There seems to be a perception in our society that marriage is no longer a sacred commitment and getting a divorce is as routine a legal procedure as writing a will. But anyone who has actually been through a divorce knows that it is not an easy time in your life and the decision to finally part ways with your spouse is not made lightly.
Below you will find general information on filing for a divorce in California. For more information on your filing options, contact an experience ...
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- Non-economic Damage Caps Unfairly Punish The Injured
By: Philip Louie | - Those who are injured by a health care provider's negligence may be surprised to learn that they may never be able to recover the full extent of their losses from the responsible party - even when the court finds in the injured person's favor.
In 2003, a law placing caps on non-economic damages in medical malpractice cases went into effect in Florida, severely limiting the potential recovery victims of medical negligence can receive for their non-pecuniary losses. These caps are a ...
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- Is Texas Handcuffed By Employment Non-compete Restrictions?
By: Philip Louie | - Too often employees come to me with a dilemma. They lost their jobs, accepted a modest one-or-two month severances and now have job offers from companies in competition with their former employers. "Do you have a non-compete agreement with your former employer?" I ask. "Yes, but I heard that those non-compete agreements are not worth the paper that they are written on, and besides, it is the only job offer I have," they say. "Sorry, you heard wrong!" I regretfully inform them.
It ...
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- Gm's Bankruptcy Provides Some Protection For Injured But Falls Short
By: Philip Louie | - On July 10, the new, largely government-owned GM emerged from bankruptcy, shedding billions of dollars in debt as well as 20,000 US jobs, 2400 dealerships, 14 plants and three brand names.
While much of the attention is on the sleeker company that promises to wisely use American tax-payer dollars and invest in cleaner, more environmentally-friendly vehicles, the stories of thousands of Americans injured by GM manufactured products remain untold. These people have been left behind ...
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- Georgia High Court Ruling Is A Victory For Medical Malpractice Claimants
By: Philip Louie | - On June 29, 2009, the Georgia Supreme Court issued an important ruling for those bringing medical malpractice claims. In Smith et al. v. Finch et. al., the state's highest court overruled the use of the pattern hindsight jury instruction in medical malpractice cases. The hindsight jury instruction stated that physicians only can be found guilty of committing medical malpractice if the negative outcome was probable and likely to happen. The Georgia Supreme Court, however, found this instruction w ...
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- Protecting Yourself From Sepsis
By: Philip Louie | - In the United States, 215,000 people die annually from sepsis and another 750,000 cases of sepsis require treatment each year. In the era of modern medicine, sepsis remains a well known medical risk. Yet despite an increased understanding and awareness of this life threatening medical condition, physicians often fail to quickly and effectively diagnose and treat sepsis. The results of these medical failures are often tragic for patients and their families.
It is crucial for sepsis ...
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- Washington's Sex Offender Notification And Registration System
By: Philip Louie | - Governor Christine Gregoire signed into law the state's first centralized, electronic database for registered sex offenders and kidnappers. The on-line registry is accessible not only by law enforcement agencies, but also by the public. The system allows members of the public to search the database for sex offenders living in their neighborhoods by county, city, zip code, last name, type of conviction and/or address by hundred block. People also have the option of signing up for email notificati ...
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- Checking For Brain Injuries Following A Car Crash
By: Philip Louie | - Automobile accidents are one of the leading causes of brain injuries in the nation. Many people, however, do not even realize they have a brain injury following an accident. To make matters worse, brain injuries may be missed in the emergency room and accident victims may not get the treatment they need for these very serious injuries. Depending on the severity of the brain injury, a delay in treatment could result in death.
Common Misconceptions about Brain Injuries
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- New Jerseys Dwi Ten-year Step Down Rule
By: Philip Louie | - In 2008, New Jersey's intermediate appeals court, the Appellate Division of the Superior Court, determined when a criminal defendant can receive a reduced sentence for a Driving While Intoxicated (DWI) conviction.
Normally, Courts impose harsher sentences on defendants who have prior convictions. In DWI cases, a New Jersey state statute requires repeat offenders to be sentenced more harshly than first-time offenders.
Under New Jersey's ten-year "step down" rule, how ...
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- Landlord Tenant Liability In Dog Bites And Attacks
By: Philip Louie | - In New Jersey, dog attacks, dog knock-downs, and/or dog bites are not tolerated. New Jersey places an emphasis on holding a dog owner responsible for injuries caused by his or her pet. For instance, in Union County, New Jersey, the owner of a dog who attacks or bites another person may be strictly liable for the injuries caused by the dog attack or dog bite regardless of whether the owner knew of the dog's viciousness. N.J.S.A. 4:19-16.
Dog bite and dog attack cases arising out o ...
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- Texting While Driving Is Taking A Toll
By: Philip Louie | - In San Antonio, a public bus driver sending text messages on his phone plowed the 12-ton vehicle he was driving into the back of a stopped SUV. After an accident injuring dozens of people, a Boston trolley driver admitted he was texting his girlfriend when the crash occurred. In California, a commuter train engineer was sending and receiving text messages moments before a head-on collision with a freight train killed 25 people and injured 135 more.
As tragedies involving public tr ...
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- Colorado Enacts More Restrictive Dui Penalties
By: Philip Louie | - Across the country, states are taking action to combat drunk driving. As the penalties become more restrictive and expensive, Colorado is no exception. On January 1, 2009, Colorado's DUI (driving under the influence) laws changed in ways that every driver needs to be aware of before getting behind the wheel.
Ignition Interlock Systems and First-Time Colorado Offenders
Ignition interlock systems basically are breathalyzers that are installed in vehicles. Before being ...
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- Workers' Compensation Benefits In Today's Economy
By: Philip Louie | - Today's economy is volatile, to put it mildly. Even established and formerly-profitable businesses are finding themselves in financial hardship. Many companies are being forced into bankruptcy.
If you have been injured on the job, you already have enough to worry about. Unfortunately, if you were injured while working for one of these struggling companies, you may now be concerned about the effect that your company's financial challenges will have on your workers' compensation ben ...
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- Florida Parenting Plans And Custody Modifications
By: Philip Louie | - Last year, Florida's child custody laws changed significantly. As part of these changes, state courts will no longer award primary residential custody of the child to either parent or visitation time to the noncustodial parent. Instead, state law now requires parents to develop a parenting plan that will spell out when the child will spend time with each parent, where the child will live and how the parents will make important decisions regarding the child's care and upbringing.
T ...
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- The Effect Of Chrysler's Bankruptcy On Consumers
By: Philip Louie | - As part of Chrysler's finalized bankruptcy plan, the company received an important immunity from the bankruptcy court: immunity against any future tort claims by consumers who had purchased vehicles before the company went into bankruptcy. Thus, on June 10, when the new Chrysler emerged from bankruptcy -- now owned by Fiat, United Autoworkers and the US and Canadian governments -- it did so with a clean slate.
The decision to allow Chrysler to avoid legal responsibility for any fu ...
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- If Foreclosure Is Unavoidable, Know Your Options
By: Philip Louie | - Over the past decade, consumer spending has reached an all-time high. In the 1950s, Americans saved just under ten percent of their income and only about 60 percent of earnings went to consumer spending. Contrast this with 2007, when consumer spending accounted for almost three quarters of people's earnings, while the average American saved nothing.
Among other things, the rise in consumer spending was marked by increases in credit card and mortgage debt. Now, however, credit is g ...
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- Outrage Over Aig West Virginia Teachers And School Service Personnel
By: Philip Louie | - President Obama, along with Congress and millions of American taxpayers, has been outraged over AIG's plans to pay over $165,000,000 in bonuses to top executives at the AIG Group who are responsible for losses of over $40 billion. This hits home in West Virginia in light of a current West Virginia teachers and school personnel class action lawsuit, through named Plaintiff Cheryl Dougherty, filed against the global corporate giant; its subsidiaries, including VALIC; a litany of individual "agents ...
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- Texas Court Ruling Affects Contract Workers' Ability To Sue Site Owners
By: Philip Louie | - The Texas Supreme Court recently issued a ruling that affects the rights of many Texas contract workers. The decision narrows injured contract workers' right to sue site owners for negligence. Now, if premises owners act as general contractors and pay for workers' compensation insurance, they cannot be sued for negligence by injured employees of subcontractors.
The Rights of Injured Contract Workers
Previously, Texas did not have a clear rule on whether premises own ...
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- How Budget Cuts In Florida Affect Drivers
By: Philip Louie | - Florida is certainly not alone in struggling with the recent massive economic downturn; other states are also facing the need to tighten their belts to a painful degree. As the new year begins, however, Florida's lawmakers are faced with the need to account for a budget shortfall of over $2 billion. In several, perhaps surprising ways, this lack of funds could have an especially detrimental effect on Florida's drivers, as traffic fines rise, roads become less safe and law enforcement is stretche ...
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- Even In Hard Times, Don't Cut Corners On Auto Insurance
By: Philip Louie | - California is suffering many serious effects from the current economic downturn. An alarming trend nationwide and in California is that more people are cancelling or reducing their auto insurance coverage in an effort to control expenses. As tempting as it is, every effort should be made not to cut motor vehicle insurance from family budgets. The consequences, particularly in California, can be devastating.
California Insurance Requirements
California law mandates t ...
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- Using Collaborative Law To Resolve Family Legal Issues
By: Philip Louie | - Family law issues are deeply personal and private matters. In our legal system, a judge is the chief decision-maker who ultimately determines what is best for a family in terms of a divorce decree, a child custody order, a visitation schedule or spousal support award. There is another option, however, for those who wish to make these legal decisions for themselves: collaborative law.
In Illinois, the use of a collaborative approach for solutions to divorce, property division and s ...
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- Loan Modification Companies And The Law
By: Philip Louie | - If you are operating a loan modification business, it is imperative that you are informed about the laws that apply to your company. Each state has different statutes and regulations describing who may modify mortgages for homeowners and how the process must proceed.
Some states are fraught with oversight and regulations, such as the requirement that anyone working as a loan modification consultant must have a mortgage broker license or be an attorney. Alternatively, other states ...
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- The Importance Of A Complete Estate Plan
By: Philip Louie | - Many people think that simply having a Last Will and Testament is sufficient to cover any issue that may arise after their death. Unfortunately, this is often not the case. While it is important to have a Will in place, there are a number of other documents that can be helpful to devising a complete estate plan.
For instance, in the event of incapacity, one may need a person to speak on his or her behalf. By granting power of attorney to someone you trust, you can ensure that they ...
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