Sunday, December 2, 2012

How An Unfair Dismissal Lawyer Can Help You Make A Claim

If you believe that you have been unfairly let go or fired from your position (due to discrimination, bullying or blatant lies), you are able to make a claim against your employer through the employment tribunal. At the tribunal, your case will be heard by a panel of three people, each with backgrounds that allow them to make a fair and unbiased decision (such as being a trade unionist, an employer, or a qualified barrister). As the law surrounding employment can be highly complex, you have a better chance of winning if you have an unfair dismissal lawyer on your side.

With the help of your lawyer, you will need to show the tribunal that your unfair dismissal claim is valid. You will need to do this by:

Showing that you were dismissed for an unfair reason, such as being pregnant or belonging to a trade union.

OR

Showing that your employer did not follow a fair process in deciding your dismissal or they did not have reasonable cause for it.

In order to adequately prove this to the tribunal, your lawyer will need evidence that supports your case. This could be in the form of emails or even witness statements that have been provided by your colleagues. Your employer may present evidence to suggest that your dismissal was fair, but you will given the chance to challenge this.

The main reason that an unfair dismissal lawyer is so valuable during the tribunal process is that the rules surrounding the way that the hearing is held and what evidence can and cannot be admitted are very complex. Whilst you may not understand how this works at all, your lawyer will be able to explain to you why certain things are permissible and others aren't.

If you are successful in your claim for unfair dismissal, the tribunal will then award you compensation. Your lawyer may be involved in this process by providing evidence of any hardships you have suffered as the result of loss of your employment. There are two types of compensation that you may be awarded - basic (which is given as a reflection that your rights have been breached, regardless of whether you suffered hardships or not) and compensatory (which is given as a reflection of the hardships that your lawyer may have outlined).

As it is unlikely that you will have the required understanding and knowledge to make a claim with the employment tribunal on your own, it is always recommended that you garner the assistance of an experienced unfair dismissal lawyer. They will represent you at the tribunal by speaking on your behalf and presenting your case in the best way possible.

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Consider a Career As a Bail Bond Agent

You may not be aware that one division of law enforcement is bail bonds, and so bail bond agents work for law enforcement. Bail bond agents work as recovery agents. Their primary role is to find people who have not met the conditions of their bail bonds, or who have jumped bail. Therefore, as you can see, there are strict rules regarding who can become a bail bond agent. You have to inform them of any crimes that you have been found guilt of, including those committed as a minor. Once a person has been approved to become a bail bond agent, they will be working under law enforcement. Bail bond agents can carry firearms, but this requires a different and separate application process and license. The most important thing that anyone can submit towards their personal records is their fingerprints. This will determine, whether you have ever been found guilty of a crime in the United States, or whether there are any criminal or civil cases pending against you. They do this verification exercise using a computer check in police record offices.

In order to qualify to be a bail bond agent, you have to be at least 21 years old, or older. This is the minimum age in this profession and they should be an American citizen to work as a bail bondsman in the country. You also must have a minimum three years of experience having worked with another bail bond agent, before you become a licensed bail bondsman. To prove your age to the necessary authorities, you can use a state or military ID. You can use any official documents to prove your age and nationality. You have to submit this identification document together with your application form when you apply. The government office will do a check on your fingerprints to find, if you have any criminal records in your past, or if you have any that are currently pending. Then you have to pay a fee of around $500 to $700. This fee is not refunded to you, whether you get the license or not. This fee amount varies from one state to another.

The government office will then make sure that you currently do not have any litigation or warrants out for your arrest. These can be criminal or civil. Even civil pending cases will instantly disqualify you from receiving a license to operate as a bail bondsman. You have to inform them of every crime that you have ever committed, even small ones, even those you committed while you were a minor. But, you do not have to inform them of small misdemeanors such as parking tickets. You should have almost a nonexistent criminal record, in order to qualify as a licensed bail bondsman. This is because you will effectively become a member of law enforcement. You have to submit all the necessary documents with your application. You should also include a copy of an official identification, GED and any proof that you have an experience in working with bail bond agents before. You should also pay the fee, when you submit your application. You will be informed of their decision regarding your application within a month. If everything is in order and your application has been accepted, you will then have to take an exam. The examination will be conducted at the Department of Revenue offices. If you pass the exam, you simply have to wait to receive your license.

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What Are the Powers of Police to Search Cars?

It has traditionally been thought to be true that the police require a warrant in order to search an automobile. However, in light of recent caselaw this is becoming increasingly difficult to maintain as a proposition. in out is to be the position according to the highest court in the land that the police have a range of powers and rights to be able to search automobiles without a search warrant. In many cases it will be sufficient if the police arrest a suspect and then conduct a search of the associated vehicle for contraband or for evidence of a crime for which the person is under arrest. This position is at odds with what is, expected of the rights of privacy in relation to ordinary people's expectations.

The Supreme Court recognises three distinct doctrines is committing to the power of police to search automobiles without warrants. First, a warrant has not been required so long as there is probable cause to believe that the vehicle contained contraband or evidence of a crime. This automobile exception has been greatly expanded since the early cases. For example, the court has held recently that a mobile phone capable of travelling on a highway was included within the exception and courts have also held recently that the police may use the exception to search the personal belongings of passengers but not the passengers themselves.

Second, the court has held in other recent cases that the police are allowed to automatically search an automobiles passenger compartment without a warrant after arresting an occupant of the vehicle because a criminal may hide contraband weapons in the vehicle before the arrest. The court has also held that the policemen arrest motorists for even P traffic violations, the police now have an incentive to arrest minor traffic violators in order to perform what is called a built-in search of their automobiles.

So-called inventory searches are the third doctrine in relation to police performing warrantless automobile searches. The court has held in regards to this doctrine that the police may thoroughly search vehicles that have been lawfully impounded for any reason. The court explained that such image researchers are justified to protect the owner from misappropriation and to protect the police from false claims of theft and to prevent dangerous items from being stored on police property. Taken together, the expansion of all of these exceptions have largely eliminated the expectation of privacy that American motorists may once have had in relation to the automobile.

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Judgment Documents

I am not a lawyer, I am the nation's only Judgment Broker. This article is my opinion, and not legal advice. If you ever need any legal advice or a strategy to use, please contact a lawyer.

Judgment recovery is a very paperwork-intensive process, with many court and Sheriff-related legal documents required. Even though the documents, and how to fill them out can be confusing, you must take the time to learn how to fill them out correctly. You do not want to have a judge, or clerk of court reject a vital document at the worst possible time, allowing your judgment debtor to (e.g.) close their bank account to avoid your levy.

If your court requires particular paperwork, you must use the court's approved forms and formats. When you need a court or legal form, first check if the form is available from the court itself. Many times, the form you need will be found on the court's official website. If not, your local law library will have court-approved forms that you can copy.

If you are filling out a post-judgment court document or form for the first time, it is good idea to first find a successfully filed example, of the exact, or a similar document, in the case files at the same court house.

When you need to create any type of motion, or a response to one, find an example of a motion that has already been completed in a court case file, or at a law library. By starting with an example that previously worked in that court, you will save lots of time and hassle.

You can use the example you find as a template for what you need. Do not blindly copy the examples you find. Make sure to delete what does not apply, add what is required, and change what should be changed.

While some courts are not very picky about the documents prepared by average citizens, other courts have strict rules about what documents they will accept, and how they should look. You will need to hire a lawyer, find an example; or hire someone who works in a law office or a paralegal, to help you type up your motions or other documents.

Some (mostly those who sell them) acclaim the wonders of pre-paid legal services, and say they can proofread court documents for you. I have found pre-paid legal services to be way too limited, to be of any real help to someone recovering a judgment. Good luck in recovering your judgment, and remember a smile can help make things happen, even at a court clerk window.

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How Legal Support Services Have Evolved in Recent Years

The stereotypical image of a court reporter usually involves someone clicking away on a typewriter as the lawyers involved in a deposition state their case. Yet, modern technological advancements have also led to improved methods in this field. These developments relate to not only how notes are collected, but also to how they are delivered. When evaluating legal support services, it is best to seek out companies that offer a wide variety of cutting-edge options. In order to understand how far these offerings have come, a look at recent history will be helpful.

Court reporting involves the individuals employed to transcribe recorded or spoken words into a written form. Acquiring a written record is necessary in trial situations where a judge needs to determine whether a previous case was handled correctly. In effect, it is a safeguard to make sure that the constitutional right to due process of law is provided. Court reporting actually contains two components: recording and transcription. Recording is the act of capturing the words as they are spoken, while transcription is the act of putting those words into a written form. As mentioned earlier, the technological advances in recent years have led to new methods of recording and transcribing the words that are spoken in legal settings.

There are several methods of recording that professionals use today, including:

Electronic Reporting Professionals capture spoken words using sophisticated recording devices, and the individual writes down who is speaking, and monitors equipment for quality assurance.

Voice Writing The court reporter speaks into a voice silencer, which is a microphone contained in a mask, and his or her voice is not heard by others in the room.

Interactive Real-Time Reporting The individual will type quotes from the conversation as they are said, and they will be uploaded in real-time to a database that can be accessed by attorneys.

Videography This professional will be in charge of operating and managing several cameras, which will record the legal proceedings. Some firms even configure the cameras for live Internet streaming.

Typically, transcription will involve listening to, or reading the notes taken in a deposition, or watching the video of the proceedings, depending on how the notes were collected. They, or an assistant, will then produce a written, notarized record. Yet technological changes have also affected the types of legal support services available for transcription, such as:

Instant Rough Draft To expedite proceedings, some firms will be able to provide an instant rough draft, so that attorneys will be able to get to work before receiving the certified transcript.

Video/Text Synchronization Court reporters that capture video footage of the proceedings might add closed captioning to the video, so that attorneys will be able to pick up on people and moments that are difficult to hear without rewinding the footage or consulting their notes.

The offerings detailed in this article are just some of the many ways modern legal support firms are using new technology to provide better services. To get the most out of a contracted court reporter, seek out one that works for a company that offers innovative ways of capturing and transcribing dialogue.

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Debt Claim Guide: Being Sued By Credit Card Company?

Being sued by credit card company can be a nerve wracking situation that no one wants to be in. However, millions of Americans are embroiled in debt claims and are hounded by creditors, debt collection agencies, or junk debt buyers every day. If you are being sued by credit card company, the important thing to do is to stop panicking, read the summons and create your Answer to the complaint.

In most cases, something as simple as filing an Answer is enough for junk debt buyers to scurry away and move on to less informed debtors. On the other hand, if the case moved on and you find yourself being asked, in writing, by the plaintiff to send Interrogatories or Answer under oath, you need to make sure that all interrogatories are signed and notarized.

When being sued by credit card company, the debt collector's legal representative will try to pin the debt to you by asking trick questions. They will try to ask one question and then rephrase the same question to get you to answer differently. Once false move and they will nail you with it.

Being sued by credit card company is hard enough, the interrogatories are even more difficult and intimidating especially if the plaintiff will start inquiring about your employment details or your bank account information. When you are asked about your employment or bank details, you need to choose your words wisely, as the plaintiff is setting you up to get as much information about your bank account and employment details to make it easier for them to find your account, freeze your savings or garnish your wages!

Note that when filing the Interrogatories, do note that the court will only give a limited time to answer them. In most cases, debtors are allowed 30 days to answer Interrogatories but to be on the safe side, you need to review your state's local court rules.

Discovery is just some of the many processes you should not ignore when you are being sued by credit card company. In addition, admissions that are not answered will be deemed admitted by the court and they can cause you to lose your case.

Being sued by credit card company? Your chances of winning the lawsuit is great as long as you make an effort to learn everything you need to know about answering a summons and handling all debt claims.

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