New And Revised Laws Alter The Consequences Of Reckless Driving
A new law has recently been passed in New York that aims to remove persistent reckless drivers from the roads. The Dangerous Vehicle Abatement Law is a ground-breaking program that will force the most aggressive drivers and owners of the most dangerous vehicles to fully comprehend the impact of their actions on other road users. Punishments for reckless driving can take the form of hefty fines or even a prison sentence, and people are often seriously or even fatally injured. For these reasons, anyone charged with reckless driving – and anyone who is hurt as a result – should be represented by an experienced lawyer. Whether it involves speeding or driving a dangerous vehicle, reckless driving is a serious moving violation with far-reaching consequences.
Operating A Dangerous Vehicle
In some states, driving a vehicle with faulty brakes or one which is not properly under control is considered to be reckless driving and will result in an 11 year conviction on a DMV record. Although it may be difficult for police to prove a problem with the brakes when a car is pulled over, it is still in the interest of all drivers to ensure that their vehicle is reliable and roadworthy at all times. New cars can be fitted with an array of safety features that may reduce the risk of accidents. However, when any dependable car less prone to common problems is driven carefully according to traffic laws, all road users are less vulnerable.
Driving At Excessive Speed
Although it can sometimes be difficult to isolate the precise cause of car accidents, one study has shown that reckless driving contributed to over 50% of fatal crashes. Reckless driving manifests itself in several ways, including aggressive tailgating, failing to obey traffic signs and, most commonly, driving at excessive speed. Some drivers and campaigners believe that the limits for prosecution are too low. In Virginia, a proposal has been made to raise the speed at which drivers can be prosecuted for reckless driving from 80 to 85 mph in areas where the speed limit is 70mph. Drivers could still face a fine for speeding but they would no longer be at risk of losing their license or having a reckless driving charge on their record.
Reckless or aggressive driving is considered a very serious offence, and this is reflected in the severity of the consequences. Laws ensure that convicted drivers are punished and, if necessary, barred from driving, so protecting other road users from serious injury or even death.
Texas Traffic Laws: Everything You Need to Know
Did you know that there were 227,754,100 licensed drivers in the US in 2019?
Driving can provide you with freedom and allow you to travel around easier. However, what you might not know is that every state has different traffic laws.
If you plan to drive in Texas soon, keep reading to find out about the Texas traffic laws.
Texas Rules of the Road
Some Texas road laws are similar to other states, while others are unique to the state. There are a number of Texas driving laws that you need to familiarize yourself with before you get in a car and start driving.
General Safety
Seatbelts are an integral part of road safety, as such the state of Texas says that seatbelts must be worn by the driver and passengers. Unless the vehicle you’re driving doesn’t have them as part of the original design.
Another rule for safety measures is that children smaller than 4 feet 9 inches, and who are under 8 years old, must be secured in a child seat.
You should not use your cell phone while driving. Texas state banned drivers using any wireless communications device for messaging while driving a vehicle. You should not text, read a text or email, write an email, etc, while driving.
Pedestrians have the right of way at uncontrolled intersections and when a ‘WALK’ signal is active. If the light changes at the intersection, the pedestrian still has the right of way. Always look out for pedestrians when you’re driving.
Drivers should always give bicyclists between three and five feet of space when passing. You should also not drive or park in a bicycle lane.
If you’re driving in the state of Texas, you must display a valid front and rear license plate.
While driving, you may make a right on red if you have stopped the vehicle first and then checked for traffic, if there is no traffic coming, you can continue.
Flashing Lights
The state of Texas also requires drivers to pull over if an emergency vehicle with flashing lights and sirens is overtaking you. You must also not enter an intersection if the emergency vehicle is approaching it, or in any other way obstruct the emergency vehicle.
School buses with yellow flashing lights mean that you need to slow down to 20 mph or less. If the school bus is flashing red lights, it means that you need to stop and you shouldn’t pass the bus until it continues moving, or if the driver signals you to move, or if the driver turns off the red lights.
Red flashing traffic lights mean you must come to a stop and then assess the road to see if it is clear to drive across the intersection. If the lights are flashing yellow, then you must slow down and drive across the intersection with caution. Intersections with lights that are out of order must be treated as a four-way-stop.
Texas Traffic Law Road Signs
It is important to understand what the different road signs mean when you’re driving. The signs in Texas rely on different colors and shapes to indicate what is ahead.
Warning signs are always yellow and orange. Warning signs are usually either diamonds, pentagons, and/or round in shape. These warning signs are there to indicate unexpected conditions or changes.
Regulatory signs are red, black, and white. They are usually vertical rectangles, octagons, and/or triangles. Regulatory signs are used to display traffic laws.
Guidance signs are green, blue, and brown in color and are horizontal rectangles. Guidance signs are there to provide drivers with helpful information.
Collision Incidents
If you’re involved in a collision in Texas, you need to check for injuries and tend to anyone hurt. If you can move your car out of the road to a safer spot where you can exchange names and insurance information. Once in a safer place, you may then get all the details for insurance purposes, i.e. names, addresses, insurance details, details about the crash.
You should call the police if there’s an injury or fatality, if the vehicles can’t be moved, if you think a driver is intoxicated, if the driver has no insurance, or if the driver leaves the scene.
Auto accidents can happen to anyone at any time, regardless of how careful you are. To ensure you receive the best legal advice, get in touch with an experienced lawyer that can help take care of everything for you and get the compensation you deserve.
Strange Texas Driving Rules
Alongside some general driving laws in Texas, there are also a few stranger ones that you should be aware of.
If you get out of your car in Denton County (in the Fort Worth area) then you must set your parking brake on your vehicle.
Windshield wipers are essential, even if you don’t have a windshield (which isn’t essential to drive with). Driving without windshield wipers is illegal.
It is illegal to do a U-turn in Richardson. While in Lubbock, it is illegal to drive within an arm’s length of alcohol. This includes any alcohol someone consumed. And in Galveston, it is illegal to drive down Broadway before noon on a Sunday.
Familiarize Yourself With Texas Traffic Laws
It’s always better to be safe than sorry, especially when you’re driving. This is why if you plan to drive in Texas, you must familiarize yourself with all of the Texas traffic laws. Similarly, if you plan to drive in any state other than the one you obtained your license, you should read up on the state’s traffic laws and rules.
Check out some of our other legal blogs if you found this article to be insightful.
9 Legal Requirements Every Business Must Follow
Starting a business is a stressful affair for most people. Aside from getting an actual product or service ready, there are so many things to organize, from website design and marketing to packaging, registration and customer service. In fact, government laws and regulations require a great deal of attention from business owners and this attention can cost both time and money!
And that’s just part of the story…
You see, government laws and regulations are strict for good reason. It’s true, nefarious individuals exist and not every business is as honest or trustworthy as the next. For this reason, we have many factors to consider before taking on employees or selling to customers. The truth is, there are many legal requirements to follow and in this article, we take a look at some of the most important aspects that you might want to consider as a new business owner.
9 Legal Requirements Every Business Must Follow
1. What You Should Know About Taking on Employees
If you employ any staff, you must comply with various laws and regulations. For instance, you must provide a full written statement to every member of staff regarding the terms of employment. As part of these terms, employees should be given a full description of the role along with working hours, sick leave and the amount of payment they can expect to receive. More specially, these terms must be provided within two months of the employee starting work for the business.
2. Understanding Business Laws and Stipulations
State and federal labor laws are created by the government to help regulate business conduct. However, there are many of these laws and not every law is relevant to every business. In other words, you will need to determine what regulations apply to your business and the Department of Labor provides a free advisory service to help business owners get to grips with the specifics. In case you might be asking yourself, these laws can refer to issues such as working hours, equal opportunity or health and safety.
3. About GDPR Compliance and ADA Compliance
Are you familiar with General Data Protection Regulations (GDPR)?
GDPR came into force last year and imposes certain legal obligations on businesses that collect data from their customers. In short, GDPR requires every business to have lawful grounds to collect personal data from consumers and abide by other laws as stated in the GDPR principles. Although relatively new, this is a very important and significant area of focus when it comes to legalities. If you are unfamiliar with these laws, it’s essential to carry out research and ensure your business is GDPR compliant.
4. The Importance of the Americans with Disability Act (ADA)
As you may know, the Americans with Disabilities Act (ADA) lays out specific guidelines that must be followed when it comes to the business website. Under this act, websites must provide clear and reasonable access for people with disabilities. At the same time, businesses should really welcome these kind of regulations, for they inevitably improve the website and cater to customers that wish to use their product or service.
5. Consumer Contracts and Selling to Consumers
If you sell a product or service to consumers, you must be familiar with the Consumer Contracts Regulations 2013. Simply stated, these laws require businesses to provide full written terms for the sale of their products and services along with other important consumer information. For example, there must be a clear policy for refunds, and the ability to cancel a purchase at the very least.
6. Know the Rules and Regulations for Advertising
Government laws and regulations state that advertisements must not be deceptive and provide clear and honest information. What’s more, any adverts with testimonials must abide by even more laws, while any violation means the business is open to heavy fines and penalties. While many rules fall under this one umbrella, these laws are mostly concerned with ensuring that businesses provide all information in a clear and transparent manner. Moreover, there are different rules for different industries and sometimes a lawyer is needed to siphon through the various rules and regulations.
7. Ensure Your Email Marketing Campaigns are Transparent
Everyone knows that email marketing is one of the most powerful forms of marketing but there are laws to follow for this method. In fact, all email marketing campaigns must abide by the CAN SPAM Act and there are many stipulations under this act such as the following:
- Headlines should not be misleading.
- Business should show their full name and address.
- Customers should be shown how to opt-out of the emails.
- Advertisements must be labeled as an advertisement.
8. About Collecting Sales Tax
Tax is a headache for most business owners and sales tax is one that is often forgotten. If you sell physical items, you must collect a sales tax from the customer and send this to the revenue department. In some instances, it’s also necessary for online businesses to collect this sales tax and only a few states in the United States are exempt from this law – Montana, Delaware, Alaska, Oregon and New Hampshire.
9. Purchasing Insurance
If you take on employees, you will need insurance and this is mandatory for every business in the United States. What’s more, businesses must buy workers compensation insurance which protects the business and employees regarding any on-the-job accidents. More specifically, this will provide insurance to cover medical bills or loss of income in the event of an accident. At the same time, this is one of several types of insurance and the requirements will depend on the industry or type of work involved.
Final Thoughts
As you can imagine, this article is only scratching the surface of legal requirements for every business in the United States. However, this should still give you an idea of what your need to consider and the most important aspects of law that pertain to your chosen business or industry.
How to Write a Legal Document in PDF Format
More than 73 million PDF files are saved to Google Drive and mail every day.
People save files as PDFs so that they can only be read. This helps preserve their format when sending it to other people.
As a lawyer, you must know how to create PDF files that are well-formatted.
Continue reading to discover how to write a legal document in PDF form so that it is ready for the court!
Define Your Key Points
The first thing you must do when learning how to write a legal document in PDF format is to determine what it will be about.
By jotting down a list of all the topics you need to address, you can get a better understanding of what is needed. With a basic template, you can begin working off of it and adding in more information.
If one of the topics you want to address has several components, you may want to break them down so that others can understand.
Select Your Font
There aren’t many acceptable fonts that you can use for legal documents.
When selecting your font for the PDF, you must choose a basic one that is easy to read. Times New Roman and Ariel are excellent font options to go with. You should also make sure that the words have a font size of 12 or less. Titles, however, can be a little larger.
The entirety of your document should look professional and clear. You want the readers to be able to understand the information provided, without any problems.
Avoid Slang and Extra Wording
Texting and talking with your friends often includes slang and shortened sentences.
In the legal world, however, this is unacceptable. While writing your legal documents for the PDF form you should take out extra wording to make it easier to read. Extra words can weaken the message you are trying to get across and lose the reader along the way.
You should also avoid using slang. Slang includes any words or phrases that are informal. If you aren’t sure if what you want to say is appropriate or not, it may be best to leave it out.
Use clear and concise language to make your document more credible.
Break Your Document Into Sections
It is important to select a readable font, but you will also need to focus on the spacing of information.
By dividing your file into multiple sections, you can group certain things for people to better understand. Sections are excellent for breaking apart ideas and keeping everything organized.
Shorter sentences and blocks of words are easier to read when compared to large blocks of text.
Organize It Accordingly
When writing a legal document, you want to make sure that the information flows and makes sense.
Not organizing your information can lead to confusion by the readers. If your document topics seem jumpy, try restructuring.
Edit Yourself
Before sending any PDF files out, you should thoroughly read through your file to ensure that it is error-free.
By using the best free PDF editors, you can quickly see what areas need to be fixed or reworded. Sending out unedited documents can make you look careless and can cause issues. Make sure that all of your grammar and spelling are correct, along with the details of the information.
This step shouldn’t require too much time, but it must never be forgotten.
Ambiguous statements can be misunderstood or used as an advantage in court. Have multiple people review the document before sending it off.
Check Accuracy
One of the most important things while writing a legal document is to be as accurate as possible.
Every word and statement should be true and detailed if needed. Wrong information can make contracts invalid and lead to many other problems. It is recommended that you have an industry professional or some sort of expert to review the legal document.
Even if you only make a minor error, it can have drastic consequences.
There are many resources available for you to check accuracy. You can search for nearly everything on the internet and find details from credible sources. If you are second-guessing yourself on a fact, triple-check it.
Use Active Voice
Legal documents should be written in an active voice to avoid confusion on the readers’ end.
You can make simpler and clear statements with an active voice. Passive voice tends to add more words to the document and makes it ambiguous. Common verbs that end in “en” or “ed” should be avoided.
Active voice sentences are formatted with a subject, verb, and object. The subject is the one performing the action in these sentences. If you aren’t sure if your voice is active, try stating the opposite. The opposite should be in the passive voice.
Save as a PDF
Once you are finished drafting and editing your document, you can save it as a PDF file.
The purpose of PDF is to be able to send documents to people, without the chances of them being modified. This is crucial when you are a lawyer because contracts and deals could be changed to benefit someone else.
PDF also makes it easier to share and print your documents quickly.
Learn How to Write a Legal Document in PDF
As a lawyer, you are likely familiar with handling paperwork and PDF files online.
By utilizing this guide, you can learn how to write a legal document in PDF form so that your documents don’t accidentally get changed. Accidents happen, which is why it is so important to save your items as a .pdf.
Be sure to check out our blog for more articles that will help you become a better lawyer and improve your work!
Essential guidelines that law candidates should exercise
Every student has a specific calling about the subject they want to pursue! The same holds true for law candidates. Law is a vast subject and includes several segments for students to study and choose from. The majority of people think that law revolved around crime and divorce. There are several other aspects that law involves, such as property selling, acquiring house ownership, fighting abuse and vehicle accident cases, and many more. Each accusation can get categorized under broad headings. For instance, when it comes to combating and representing a candidate for divorce or domestic abuse, a family lawyer is the best person for the job. Hence, law students must learn about these categories and other finer nuances at high-school. To know more about this, you can check out law summer school.
Today, the leading high-schools and summer schools provide interesting law modules for students to study and have an idea about the subject. Once they resonate with the subject, they know that they might have the required aptitude for becoming a lawyer. Similarly, some students might like the law as an impulse. Through the high-school law academic program, they can realize whether or not they should pursue this subject.
However, because you are a law student and want to make it your profession, the following guidelines are essential
1. You should be a part of the networking events
One of the ideal ways to progress in your career as a law student is by fostering secure professional connections. Networking helps to attain this. Your high-school or college might organize a law networking function with the best solicitors and barristers visiting the event. It is a smart call to attend this event, as you get to meet some of the successful faces of the industry. Use the opportunity in your favour and network with the best names. You can also ask questions and get guidance from successful lawyers.
That aside, several law companies operate exclusive, insightful events, especially for the fresher students. It helps law students to network, staying within an academic program. This session allows you to get answers to your questions from the industry experts. Also, this could get you your mentor. Such courses help to motivate the students to keep steady in their path.
2. Experiment with various revision tactics, seminar, and lectures
If the law course doesn’t attach ample relevance to marks, at least in the first year, you should use the time to experiment with multiple concepts. You might want to record the lectures instead of making endless notes. Also, examine your capacity to learn visually making use of the mind maps than writing all that the professor said verbatim. If any of the processes got you good results, you certainly need to keep following it.
Ask any successful lawyer, and they will tell you that a different approach to your study and exams will get you the high scores. The other aspect of experimenting here is essay writing. Use the first year to test in multiple for this. If you use the first-year learning and experimenting on multiple concepts, you can use the best learnings in the remaining years and use it to your advantage.
3. Make sure to attend all the lectures
Being a law student, you need to inculcate the habit of being punctual. It would be best if you stayed regular at all the classes and lectures. Missing out on one lecture might mean missing out on something crucial. Even if you are opting in for a basic high-school course, make sure that you attend the classes listed in the curriculum. Take part in homework, complete the same, and also take part in debates and discussions.
There might be moments when you might feel like missing a class or a lecture. Think twice before you do so. It would be best if you had all the essential notes and explanations so that you can prepare well.
4. Take responsibilities
It comprises of several initiatives and actions. It can indicate that you take up a position in law society and be a course representative. It will equip you with every skill that is needed to work as a successful lawyer, for instance, leadership, teamwork, and communication skills. Sometimes, similar positions like this might appear competitive. Hence, sometimes students might also take their chances of becoming a campus ambassador. When you opt-in for this, it offers you the scope to showcase your skills as a lawyer that you picked up from the law course in your university or high-school.
These are some of the essential activities that you need to undertake as a law student! Additionally, you can also subscribe to law magazines and online portals that share relevant data for aspiring lawyers. Stay connected and write to your mentors for any queries and also ask for suggestions whenever required. When you use these guidelines, you can eventually succeed as a lawyer.
Why Hiring A Private Attorney Is Well Worth The Costs
If you’ve recently had a run-in with the law you’re probably trying to decide if you can afford a private attorney. Or maybe you’re thinking you should just take a public defender? I mean, are private attorneys really worth the money?
The simple answer is yes.
Private attorneys have been proven to offer lower conviction rates and shorter sentences for offenders. In the American justice system, money matters, and not just when it comes to bail.
In fact, according to data from PBS, in federal courts defendants who were found guilty and were represented by a public attorney were incarcerated 88% of the time vs. just 77% for those who hired a private attorney.
Also it appears on the state level things are even worse for those who can’t afford a private attorney. A recent study done in the Ohio state justice system revealed that if you have a public defender not only are you more likely to go to jail, but you are also more likely to serve a longer sentence.
There are a number of reasons why this is the case. Matt Mcleahan, a former public defender from the state of Pennsylvania, wrote an informative article detailing some of the disadvantages he had as a public attorney vs. his private attorney peers.
In the piece, Mr. Mcleahan describes the ‘constant state of war with police and prosecutors’ that public defenders find themselves in. He said this leads to longer sentences and higher conviction rates, because at the end of the day prosecutors feel like they are failing the justice system when they lose a case. So if they lose a lot of cases to a public defender in a single day, they are far less likely to offer plea deals or lenient sentences when the next case on the docket comes up. After all, prosecutors are humans too. This type of adversarial relationship between the prosecution and defense is never a good thing for defendants.
Mr. Mcleahan also describes what I would call the ‘time factor’. Public defenders are busy. That means they simply have less time to go over each individual case to find those unique defenses that can make all the difference. A public defender may be going from a court trial, to a superior court appeal, to litigating a pre-trial motion all in one day. That leaves only a couple of hours at most to understand each case.
This means the more complex your case, the better off you’ll be with a seattle personal injury attorney who has the time to fully understand what’s going on, find witnesses and mitigating factors, and get letters of support to help you win at trial.
There is a common myth that public defenders are just bad lawyers, this couldn’t be further from the truth. The fact is public defenders are ardent defenders of the justice system and human rights, they just happen to be overworked, underpaid and outgunned.
When it comes down to it, if you can afford a private attorney, you should hire one. They are more likely to get you out of trouble and back on the streets. In my view, that’s well worth the cost.
What are the Legal Options if My Copyright is Infringed?
Have you decided to take the leap into the world of online entrepreneurship? If so, congratulations are in order. This lifestyle can provide an unparalleled level of financial freedom and with a bit of work, a great deal of success. It is still a fact that you might be forced to deal with legal issues sometime in the future. One common situation is associated with copyright infringement. What are your options if you believe that someone has violated your copyright? Let us take a quick look at what the professionals have to say.
Contacting the Individual or the ISP Provider
We will imagine for a moment that you have recently come across an advertisement on a social media platform such as Facebook that is utilising your product images to promote the items offered by another seller. The first step is to (generally) contact the individual or entity in question. This is normally in the form of a “cease-and-desist” letter or email. Such a letter clearly states that they are at fault and if they do not stop such actions, that you will seek legal counsel.
The other option is to contact the Internet Service Provider (ISP) associated with the seller or website. This is your legal right according to the Digital Millennium Copyright Act (DMCA). As long as you clearly identify the work that has been infringed, it is the legal responsibility of the ISP to remove it from the Internet.
Still, remember that this works both ways. You need to be fully confident that you are not violating anyone else’s copyright in order to avoid a similar situation. Not only does this entail a good deal of research, but you should be able to create targeted ads which resonate with the consumer. You can read more about this topic in order to develop a sound (and legal) strategy.
Seek Damages
Assuming that the material is still being posted or that you have suffered a significant financial loss as the result of an infringement, the final option is to seek damages for any lost profits. You may also be able to seek a court-ordered injunction; a legal document which states that the entity in question must immediately stop all activities related to your copyright claim. Keep in mind that this could even be possible if you have not registered the copyright itself. It is merely a case of illustrating that the individual in question has knowingly usurped your intellectual property with the intention of making a profit.
It is a good idea to gain a basic understanding of online intellectual property regulations, as you might otherwise inadvertently violate such rules. In other words, it pays to remain on the right side of the law and to know your options.
Please keep in mind that this is only a very quick overview of the options at your disposal. If you happen to suspect that someone has infringed upon your copyright, it is always wise to speak with a legal professional in order to obtain sound advice.
Can I Sue The MTA?
Each day, the Metropolitan Transportation Administration transports millions of people across the city. While service delays, cleanliness, and customer service are the top complaints that New Yorkers typically levy against the MTA, there are far worse transgressions that occur on a daily basis.
Thousands of passengers of the MTA and others that share the road with public transportation suffer serious injuries every year as a result of negligence on behalf of the MTA. It is important to note that suing the MTA or any other government entity is possible but can be challenging.
If you have been injured while riding an MTA serviced vehicle or while sharing the road with one, it is in your best interest to consult with a proven New York bus accident lawyer as soon as possible. Visit our website to learn more about suing the MTA. The timeframe for filing a claim against the MTA is limited in comparison to typical personal injury cases. Learn more about suing the MTA below.
What is Sovereign Immunity?
If you have suffered injuries as a result of a bus accident in NY, it is imperative that you have an understanding of sovereign immunity and why it matters. In general, government agencies like the MTA are protected by law from being sued for negligence unless the government consents to the lawsuit or waives their protection.
Fortunately, the state of New York has waived its protections for those that have suffered injuries as a result of accidents involving public transportation. However, there are still many hurdles and restrictions. For instance, if you want to sue the MTA, you are required to file a Notice of Claim within 90 days of the accident occurring. After the Notice of Claim has been filed, the government has 30 days to request a hearing wherein you will be required to testify and evidence will be presented. Information required on the notice of claim includes:
- Your name and address
- Circumstances of the claim
- Details of the accident (location, time, etc.)
- Specific injuries and/or damages that have been incurred
After the hearing, you will be able to file a lawsuit (if still necessary). Before you file the claim on your own, it is best to consult with an accident attorney in NYC that has specific experience dealing with MTA accident claims.
How to Prove a Claim Against The MTA
In theory, you must present the same type of information needed in any personal injury case to prove a claim against the MTA. In general, those seeking compensation from the MTA must prove that the duty of care was breached, and as a result, you or your loved one was injured or killed.
However, it is a much more complicated task to prove fault against the government than it is to do so against the typical insurance company. One mistake during the claims process can result in a dismissed case, delayed case, or an insufficient settlement amount.
The Benefit of Working With a New York Bus Accident Attorney
Suing the MTA is possible. However, it is not an easy task. The moment that you decide to file a notice of Claim, the MTA will begin a thorough investigation. In most cases, they will seek the evidence that absolves them of fault and places it on you.
A seasoned accident attorney in New York City will conduct their own investigations, navigate the complexities of suing the MTA, and negotiate for fair compensation for your injuries. Working with a New York bus accident attorney gives you the best chance of recovering the damages that you deserve for the injuries that you have suffered.
The Laws That Affect Our Everyday Life
Do you want to stay out of trouble with the law? Have you been wondering what exactly laws are and how they affect our everyday lives? Well, today we will be discussing it all here. All the rules that you follow every day from waking up from bed to going to your work and returning home or using social media afterward, we have got it all covered. First of all, let us tell you that law, as we all know, is the regulation between peoples or between people and things. Subconsciously you follow many rules every day, the one followed most are discussed here.
1. Property Law
If you are not homeless the chances are that you got out of a bed which is in a house or flat that is either rented or bought by you. You do everything to keep that roof above your head. You pay the rent on time, you don’t damage the property, you don’t annoy your neighbors or do anything that may lead to the state ceasing of property. Most of us do these things subconsciously without even thinking.
2. Consumer Law
After you are done taking a shower you get dressed according to your office policies in the clothes you bought. Have you thought that you were following consumer law while you were buying your clothes? The consumer law orders you to pay for the things you buy, otherwise, you would get in trouble with the law.
3. Traffic Laws
Would you be surprised if we tell you that you follow three necessary traffic laws every day? You would be astonished to know how these laws have become a part of your routine. After leaving home you will go to your car, fasten the seat belt, and drive according to speed limits. After reaching the office safely you will park your car according to the legal parking space. Till you reached home you followed the traffic rules that regulate the use of seat belts or helmets, prohibits the use of cell phones will driving and ensure parking in the right spot.
4. Social Media Laws
After being done with a bad day at work you try to relax and spend some time on social media. You post things that you find appropriate, you don’t troll anyone on the internet neither do you involve yourself in cyberbullying. You follow the law which regulates the use of social media and made sure what is posted is correct and posted in an environment where it isn’t inappropriate or not needed. And also the rules of cyberbullying that holds a person accountable in case of abuse or excessive trolling that may cause harm.
We told you everything you need to know to be a law-abiding citizen of the society but if you or anyone you know gets into any trouble with the law and wants a way out just contact Walthew Law Firm and you will be out in no time.
What are the Grounds for Contesting a Will?
The image most people hold of a contested will involves some quill pens, a detective, and/or a kingdom resting in the balance. The vast majority of wills go uncontested and the few that do are not much like King Lear or an Agatha Christie book.
Most of the time when someone is contesting a will it is to challenge the legality, not the execution of property. After all, a will isn’t just a document that divvies up an estate it is the wishes of a living being.
The Court and its agents have a responsibility to ensure that this is done properly. Key to this duty is ensuring that the will state the actual intentions of the creator.
Keep reading to understand more about the grounds for contesting and the reasons why one would do so.
Categories for Contesting a Will
The grounds for contesting a will fall into two categories: issues with the testator and issues with the document. In both, questions of clarity, intention, and the law are considered when determining if a will gets voided, kept, or kept in part.
Testator Issues
The testator is the person who makes the will. Often a will is considered to have a single testator even if it includes language mentioning the wishes of others.
It is not uncommon for a married pair of spouses to reference each other in wills or to have large components of wills identical to each other.
Since the will is a document speaking for the testator it must be clear that both it and the testator are sound.
The following apply to establishing the validity of the testator.
Incapacity
You may have heard the phrase “being of sound mind and body” in relation to legal documents. That applies most to wills. A testator needs to prove that they are well and that they are not affected by a problem with mental or physical health when declaring a will.
A person suffering from dementia or any other cognitive disorder can establish a will but the circumstances of the will itself have to be verified.
As long as the person was sound when dictating or writing their wishes, the will is valid. Still, the existence of any mental issues opens the will for review.
Undue Influence
When the testator forms a will they need to do so of their own intention. A will created under duress from an outside person or force is asking for a challenge.
Undue influence can come from a caretaker or influencer that holds some power over the testator. It can also come from exigent circumstances or fear of consequences.
A testator afraid that they will lose their property in a civil or criminal court can’t hand their possessions over to someone else. This example also falls under the next condition.
Fraudulent Circumstances
This covers circumstances that are obviously fraudulent, such as the example above, and ones that can be contested.
A person making a threat or false claim to a testator, which influences them to change or insert a bequest into a will leaves it open to contest. The testator doesn’t need to know that the statements are false for the contest to happen.
Language that demands an heir takes an action based on false premsise also falls under this. For example, an heir must admit to being the parent of a child to receive property when the heir is found not to be the biological parent.
Lack of Witnesses
A will must be signed by the testator and witnessed by at least two individuals not referenced in the will itself.
Failure to provide proof of the witnesses and the signature leaves a will open to contest.
This is a formality of the will’s legality and often a defense used against the previous conditions.
Lack of Drafts
A will may also be contested if it is the only one and no drafts or former documents exist. This is shakey in some circumstances but has some bearing.
With life expectancy still above 78, it makes sense that many people start writing a will around 47. The thirty-year interval in between leaves a lot of room for life to happen and for circumstances to change.
A lack of updates to a will through codicil or a new will altogether leaves grounds to contest that the will no longer represents the wishes of the testator.
Legality Issues
If there are no grounds found within the category of testator it’s possible to find legal gaps in the will.
Witnesses
Contesting the identity and the standing of the witnesses is common. The testator needs to sign the will in the presence of witnesses. The witnesses don’t have to have an infinite regress of witnesses.
If it can be shown that a witness was not present during the signing but added a name later, it would create a fraud opening.
Execution
A will that is not executed properly is considered unsound. To execute a will, the document needs to have a chain of custody that isn’t in contest. Typically this involves registering the will or keeping multiple copies in different places so that they can be compared.
Alterations and Additions
Updating a will doesn’t require creating a totally new will. To do so, amendments in the form of codicil get added. Each codicil is signed and witnessed like the will itself.
When the chain of custody on a codicil is suspect, such as a page being lost or not included in one copy over another, the will is open to contest.
Look for Help
No matter what side you might find yourself on, contesting a will isn’t simple. There are many subtle issues to deal with between the testator’s intent and the parameters of the law.
You want to find a lawyer that knows probate and estate law to approach the best outcome for you and your loved ones.
The best way to do that is to cast a wide net. Using our directory service you can search for attorneys in categories and compare them to find what you need.
