Notarization Defined
In the legal context, notarization refers to the signing of public documents by a notary public, who effectively verifies the contents of the document and the identity of the parties involved. A notary public’s primary responsibilities include: The core functions of notarization are to deter fraud, wrongful claims, and improper or corrupt practices by public officials. Notaries discourage criminal activities by requiring a person who wants a document notarized to show valid identification and appear in person. A notary public also has the authority to administer oaths and affirmations and certify that the signatures on a document are authentic . Along with a raised seal and an inked signature, the notary public will also apply the certificate date to the document. Not every document requires notarization – only qualifying ones such as a Power of Attorney or Loan Agreement, for example. A notary public is a neutral and impartial figure. He/she is required to check for the authenticity of a document and all parties signing it to prevent any fraudulent activity. The principal role of a notary public is to make sure that all parties involved are willing to carry out their role. He/she must confirm the identity, physical appearance, and understanding of the document by all parties and how the specific rules of the document apply to each party.
A Guide to Nigerian Legal System
The Nigerian Legal System is based on English Common Law because Nigeria was a British colony for more than 100 years since it became a British protectorate in 1865. The extent of such English law presently applicable in Nigeria is the same as in the United Kingdom at independence in 1960. Although many statutes made by the British parliament, and by the British parliament before independence, have been repealed, and mostly replaced by equivalent Nigerian laws, there is a residual application of the pre-1960 English law to Nigeria, and also post-independence English statutes that have been passed in the UK and applied to Nigeria. The Customary Laws of various ethnic groups that existed before colonisation, and Sharia Laws of the Muslims that existed before colonisation, are also part of the Nigerian law applicable today . They have been integrated with the English law so that the principles of these customs and laws that are not inconsistent with the English law remain applicable unless the legislature has expressly codified the custom or law. The Nigerian constitution sets out the jurisdiction of the courts to apply such customary and Islamic Laws and to administer justice. The Constitution and Statutes are read together with the rules to form Nigerian law. Judicial precedents are derived from case law obtained from the decisions of judges, which law is therefore updated and develops with new decisions that amend or repeal prior judicial decisions.
A Summary of Gun Laws in El Salvador
El Salvador’s current gun regime falls under legislative decree No. 461, dated Feb. 9, 1995. One of the fundamental approaches of the gun regime is criminalization and repression against the use of firearms. The decrees set regulations for the use, possession or carrying of weapons and ammunitions.
In other words, the gun regime is punitive as opposed to regulatory. The law emphasizes the suppression and prohibition of firearms.
In this task, two main bodies have been created: the Directorate General for the Production, Commercialization, Import, Export, Registration and Owners Identification of Firearms and the National Civil Police.
The Directorate General for the Production, Commercialization, Import, Export, Registration and Owners Identification of Firearms has three responsibilities. First , it grants entry permits for guns. Second, it has jurisdiction over the granting of gun ownership and carrying permits. Finally, it may hear administrative appeals challenging decisions made by the police.
The National Civil Police may deny entry permits and guns ownership or carrying permits. In addition, the local police may search citizens for guns at any time. They have the right to take away guns from arms dealers and search households for guns without a warrant. The police may only search private property if they have the consent of the owner.
As a consequence of the existence of this punitive gun regime, many Salvadorans buy guns illegally to avoid prosecution. In addition, the insurance of safety has become another consideration.
What are Court-Appointed Attorneys?
In Pennsylvania, if you cannot afford to hire an attorney to represent you in a criminal case or a family law case, the Court may appoint an attorney to represent you. The appointed attorney’s job is to act as your lawyer in every way possible that the law allows. They will speak to you regarding the case, prepare for hearings and hearings, and negotiate on your behalf. A court-appointed attorney must follow the law and the ethical rules that bind a lawyer even though they are appointed by the Court rather than hired by a client.
Although the appointed attorney has all of the duties and responsibilities of an attorney hired by a client, they are not paid in the same way. When you hire an attorney you pay them directly. This means that you have a contract with them in which you agree to pay them for legal services. No matter what that contract says, you and your lawyer decide together how much he or she gets paid. In addition, you owe your private attorney their fee whether they are successful in your case or not; you don’t get your money back if you are convicted or if your case ends badly.
When the Court appoints an attorney, they still have the same duties and responsibilities as a hired attorney in most respects. However, the way they are paid is different. When the Court appoints an attorney to represent a person who cannot afford an attorney, who we will call a criminal "defendant" for this post, that defendant does not pay any fee to the lawyer. The lawyer, instead, bills their time to the county. The county pays the appointed lawyer a balance that is set by court rule.
For a criminal defendant, the amount paid is $60 per hour for all work in the case, subject to some very limited exceptions. For a family law matter like a custody case or a divorce, a parent/party who cannot afford a lawyer pays a fee of $10 per year until their child turns 18 or their case is finished, whichever comes first. The appointed lawyer must bill approximately $3,000+ worth of work to the county in order to be paid anything at all .
Remember, this is not a "scholarship" and failure to pay the court-appointed attorney $10 per year is a violation of local court rule that can result in punishment or other repercussions. However, know that no court-appointed attorney is going to stop working on your case if you fail to pay the fee that is due. Their bills to the county are "followed" by the Court, but not by your appointed attorney.
Generally, appointed attorneys are paid reasonably well for the important work that they do. Using the current rate, if a court-appointed attorney gets only $3,000 in fees, it is because they worked for about 50 hours (each case is different). That is a reasonable hourly rate, and in many cases the time worked is more than the court gets billed. Most of the appointed attorneys with whom I have spoken like having the opportunity to help people who cannot afford a private lawyer. However, a court-appointed attorney’s caseload is like an assigned public defender’s caseload. There are good public defenders with huge caseloads, and there are public defenders who just mark time due to their many cases. We all have those attorneys who say that it "isn’t their job" to negotiate and that they only "go to court." That attitude is not fair to the clients that they represent. Also, there are appointed attorneys who have too many cases and who do not have the time that they really should be giving to each case.
It is important to carefully consider your options before deciding whether or not to accept appointed representation. Additionally, if you have a case in which you would like to be represented by a private attorney but you cannot afford it, you may be eligible for court-appointed representation. If you are determined in your efforts to find a reliable and competent family law or criminal law attorney in Pennsylvania, you should reach out to that attorney and see whether they will waive their fee. Some private attorneys waive their fee in criminal cases that include the possibility of incarceration, and/or in family law cases that involve children. It doesn’t hurt to ask.
Defining a Non-Poach Agreement
Non-Poach Agreements are contractual agreements between two or more companies not to hire each other’s employees, regardless of whether any particular individual is specifically identified. For this reason, they are sometimes called "employee non-recruitment" or "no-poach agreements."
They are most often used in the technology industry, and several high-profile examples have involved large companies such as Adobe, Intel, Pixar, Lucasfilm and Intuit. However, non-poach agreements have also been encountered between companies in other industries, and they are not limited to agreements between direct competitors.
In this respect , a non-poach agreement may be used at any level of the employment contract. For example, employers may use non-poach agreements not only with their similarly-sized competitors, but also with larger companies, smaller companies, or even in the context of mergers and acquisitions.
As such, employers may enter into non-poach agreements with hiring companies, vendors, suppliers, subcontractors, staffing agencies, and others. Thus, employees’ ability to seek new employment opportunities with employers that are potentially outside the geographic restrictions of more traditional restrictive covenants, may be limited on an increasing basis.
What is a Real Estate Consulting Agreement?
A real estate consulting agreement is a common contract in the industry that outlines the specific services a consultant will provide to a client. These types of agreements can be used in any type of real estate transaction between any type of real estate professional or nonprofessional. It can take multiple forms depending on the circumstances and relationships at play. Real estate consulting agreements can be great options for individuals, groups or companies looking to save themselves time and effort in the long run. But these agreements are also crucial in protecting clients from less reliable consultants. For these reasons and others, real estate consulting agreements are essential to the industry.
The purposes of real estate consulting agreements are twofold. First, they create a legally-binding document that lays out the terms of the relationship between a consultant and client. Second, they allow a client to define the terms of the relationship in a way that best addresses their unique needs. In doing the first, the agreement is a legally binding and continuous record of the agreement between two or more parties. Perhaps the most important consequence of this is that it serves as evidence in case of a dispute.
When a client takes the time to draft a real estate consulting agreement , he or she has the ability to customize the terms of the agreement to meet specific needs. For example, the party seeking the consulting services may want the contract to contain specific terms, such as the property location, the length of time the consultant has to complete the project, specific price, compensation details, and so on. By the same token, the consultant may want to be protected from certain types of liabilities or seek assurances that the client has the financial means to support the project.
A real estate consulting agreement, if it is comprehensive enough, can address any number of issues that may arise with a particular project and can be the key to ensuring all involved are satisfied at the end.
Like other types of consulting agreements, it is critical that this document be as comprehensive as possible. The types of terms typically found in a standard consulting agreement are:
Real estate consulting agreements serve crucial roles in the real estate industry. When faced with project too big to handle on their own or needing assistance in meeting a specific goal, clients often turn to consultants. In doing so, it is important they be protected from any issues that might arise in the process. With a real estate consulting agreement, you can ensure you, your clients, and the consultant are protected.
What Is Operation of Law?
Operation of law generally means the happening of an event which brings about a result without any act on the part of even the person who is at the time in possession of the right. The effect of an operation of law is to vest in some person some right or liability which, if the law had not intervened, would not have vested in him. It applies as well to the case where a right which has vested in some person by operation of law is defeated by the act of some person (as distinguished from the law). For example, A and B were in possession of land as tenants in common and each owned an undivided moiety. If A died before B, B, by the death of A, undoubtedly acquired a right by operation of law to an exclusive possession of the whole land. By operation of the law of survivorship, A’s interest by operation of law passed to B.
The term used has a much wider sense at common law, including succession by devise, descent and escheat, forfeiture of estates for wastage, breach of the condition subsequent, accretion, estoppel, tenancy in common in joint tenancy or other form of co-tenancy created at law, accruer, dower and curtesy, merger, escheat, rights of way, support, alluvion, zonation . The following are some examples of operation of law: The general rule is that a condition subsequent is not subject to a restraining equitable rule of forbearance and will exercise its effect upon the happening of the event—Hurdman v. De Keyser, [1891] 3 Ch. 559; In re Wehdale Colliery Company, 6 Ch. D. 776; Main Colliery Co., Ld. v. London and North Western Railway Company, [1892] 2 Q.B. 165; Rawson v. Jackson, 8 Q.B.D. 23; Tarrant v. Mudd, 4 A.C. 359; In re Broderip and Davenport, L.R. 6 Ch. 149; M’Culloch v. M’Gillivray, 12 App. C.S. 104; RJ v. CH, [1916] 1 Ch. 71.
Restitution of a mortgaged property to mortgagor in discharge of mortgage—In re Gillett, 27 Beav. 369; In re Mallaig and Achleek Fishery Company, [1905] 1 Ch. 121.
Operation of law in divorce suit allows court to grant decree to third person—Woods v. Wood, 24 Bea. 314.
Resumption of land by lord after judgment for mesne profits—Mudd v. Lowndes, 2 Ch.D. 461.
Dower (see also Dower).
What is Legal Aid?
Legal aid is a term used to refer to a number of services that exist to provide legal information and help to those in need, at no cost or for a small fee. Legal aid services can include information and legal advice, legal representation in court and other forms of support for low-income individuals struggling to navigate the complex justice system.
As real property lawyers in Florida, we are aware of the importance of legal aid services for people facing foreclosure . According to the Florida Bar, there are 71 legal aid offices in Florida, working with pro bono (volunteer) attorneys and paralegals to assist individuals who otherwise lack resources such as education, legal rights information and financial means to get the representation they need.
Hours of operation, eligibility requirements, areas of law served and other services provided by each legal aid office in Florida will vary widely, but there is a wide range of assistance available to people of all ages. Those who are able to access resources from legal aid can get assistance in legal matters related to family law, consumer matters, housing and fair housing, public benefits, probate, elder issues, immigration and civil rights, among other areas.
A Glimpse into the Philly Legal Intelligencer
The Philadelphia Legal Intelligencer is the oldest daily law journal in the United States and as such holds a pivotal place in both Philadelphia’s legal community and the city’s history. The newspaper has practiced at 1505 Market since 1253, when the building opened. But it was Charles Robinson, who bought the paper in 1864, who built the shining temple of law that graces the corner of Market and Broad today. Robinson broadened the paper’s perspective—to reflect not just the views of lawyers themselves but of "all the people, all the men and women of Pennsylvania and New Jersey, to whomever the law might apply, whose interests would be served by an accurate report of the daily doings of the bar, the business and the courts."
The company merged with the Philadelphia Law Times in 1923 , and the two publications then were published under the same roof until 1978, when the Law Times was suspended due to the rising cost of newsprint and labor.
In 1950, Legal Intelligencer reporter Robert Zeller won a Pulitzer Prize for an investigation into the illegal practices of judges in the Philadelphia Orphans’ Court. Four years later, Anthony N. Fritz, who would go on to be elected Chief Justice of Pennsylvania in 1982, won a Pulitzer for an article he wrote for the Intelligencer that exposed problems with the real estate tax assessment in the city.
Today, as part of Incisive Media, the Legal Intelligencer continues to be published daily. It provides coverage of local, state, and national legal issues, although in line with trends in the newspaper industry, its print edition has shrunk to three days a week.
Understanding Your Entitlements vs Healthcare Insurer
Could you imagine being at the mercy of a health insurance company that withholds care? Despite the fact that health insurance companies profit by promising to pay for all medical care in order to preserve life, if they don’t pay for covered services, people could suffer important health problems that can cause long-term damage or even death. Thus, it is critical that policyholders understand their rights to make sure that health insurers will not act arbitrarily or capriciously by wrongfully withholding payment.
Policyholders rightly expect the insurance company to follow the law. Pursuant to the Massachusetts Consumer Protection Act, courts must award policyholders up to three times the damages suffered for unfair and deceptive acts or practices such as:
Policyholders who have filed lawsuits against insurers have sometimes been successful in winning money damages . However, it is important to note that once a person files a claim for damages against a third party or health insurer for an injury, the health insurer will be entitled to seek recovery of the medical expenses it paid on behalf of the injured person. Fortunately, the law provides that the insurer can only recover what they paid for medical bills that were actually related to the injured person’s claim. Even if the health insurer had an assignment of benefits, which is typical in most managed care and some group insurance plans, the health plan cannot claim a lien against the third party tortfeasor’s insurance funds or against the injured person’s recovery from the responsible tortfeasor. The health plan also cannot actively involve itself in the injured person’s negotiations with a third party tortfeasor. Courts generally require that health insurers who cover an injured person’s medical expenses must take on a share of the responsibility for the injured person’s legal costs and fees.