The Job Description Of The Family Lawyer

Family law is a branch of the legal profession that deals with legal issues involving relationships and family matters. Some of these matters include divorce, adoption, child custody and marital property. Some people mix up this branch of law with estate law but they are not quite the same. Matters like inheritance, probate and sharing the assets of a deceased person fall under the estate category so you need an estate lawyer for these matters.

Becoming a Family Lawyer
If you want to become a family lawyer, you should qualify as a barrister and solicitor first. This means you should study in the university and get the law degree. After you get this degree, you attend law school and pass the relevant examination. Once you do this, you are called to the bar. At this point, you are a barrister and solicitor. You can work in any reputable chamber as a solicitor and you can also work as an advocate. However, you are not yet a specialist in family law. To specialize in this branch of the legal profession, you have two options.

Specializing in Family Law
If you want to become a specialist in this field, you should take a Master’s degree in this branch of law. In most cases, you can finish the program between twelve and eighteen months. Once you have a post-graduate qualification, you are on your way to becoming a competent specialist in this field. Another way to specialize in this area is to get a job in a reputable firm that handles family law cases. This is a wonderful option because because it will give you the opportunity to learn many things. You might work under a senior colleague initially and learn from this expert. You might even start out as a solicitor preparing cases and doing research for other advocates in the firm. You will definitely learn a lot from this and the knowledge will help you when you start going to court to handle cases of your own.

Qualities a Family Lawyer Should Have
If you want to succeed in this branch of the legal profession, you need the right qualities. These qualities include patience, empathy, a listening ear and an eye for detail. Remember that you are dealing with human beings and the different challenges they face within the family unit. For this reason, you should always approach all the cases you handle from a humane perspective.

The Interest of the Client
If you want to succeed as a family lawyer, you must put the interest of the client first. For instance, if you are handling a divorce case and one of the parties is not keen on legal separation, you should advise the couple to resolve their differences and settle out of court. Again, you should always consider the interest of the children in divorce and child custody cases.

Final Word
Being a family lawyer is a wonderful experience. First, you get the qualification then you get the experience and you use these to help people. This is a rewarding and fulfilling way to earn your living.

Objectives Of Criminal Law

Can you imagine a world without any legality? Of course, it is just not possible to think of a world without laws. Although various types of laws exist to keep things in societies in order, criminal law is the most important one. It is a legal body that deals with crime, and this includes threatening, harm doing, or endangering to the health, property, safety and welfare of people. Any person who violates the rules and regulations is liable for punishment under relevant provisions. There are many reasons and objectives behind criminal legality.

Objectives of the criminal law

Retribution

Criminals need to be punished in some way for their crimes, and this is the most popular objective. Criminals have inflicted unfair detriment or taken improper advantage of others. As such, legal authorities have to step in to punish crime committing individuals by putting them at some unpleasant disadvantages in order to balance the scales. People have fundamentals rights not to be murdered or harmed in any manner by anyone. Folks, who contravene with the laws, actually surrender their rights granted to them and deserve a suitable punishment to keep things in order.

Deterrence

Individual deterrence in law aims in the direction of a particular offender. The goal is to impose adequate penalty to discourage any offender from criminal behavior. General deterrence is aimed towards the society at large. By imposing strict penalties on offenders, other potential criminals are discouraged from getting involved in those crimes.

Incapacitation

In many cases, it has been observed that some criminals get into crimes every now and then after a small punishment. To avoid such a scene, it is necessary to keep the criminals away from the society. If such criminals are not given harsh punishment, they pose a severe threat to normal, good citizens. Also, good people deserve to be safe from criminals. Criminal law thrives to achieve this goal through prison sentences, including death penalty and banishment. After getting severe punishment, many criminals give up their crime career and prefer to live a normal life like other citizens.

Rehabilitation

Law also aims to transform an offender into a good, valuable member of the society through rehabilitation. The main goal of rehabilitation is to avoid further offense by the offender. This is achieved by convincing him that his behavior was wrong. Once the offender understands that his conduct is not only harmful to others, but himself, he transforms into a good citizen and works towards the betterment of the society after getting out of the prison.

Restoration

It is a victim-oriented punishment theory and geared towards the betterment of the victim. The aim is to repair any injury and harm done to the victim by the offender. For instance, a robber is required to repay the robbed amount to the victim. Restoration is usually combined with other goals of criminal justice; it is closely related to the concepts in the civil law. This means returning the victim to his/her original position before the injury by way of medical help and suitable monetary compensation.

The Wild, Wild World Of Wrongful Death Law

The eyes of the law is partial to wrongful death law for a number of reasons. First, the subject of the case is already deceased and therefore, cannot technically sue for damages. And that’s why wrongful death cases can only be brought to court by a close family relative of the person who has passed away. To-date, no legal remedy yet exists that can allow the dear departed to be represented in the courts of law.

However, with the advent of AI or artificial intelligence, doors might open that can possibly allow for a deceased person to be represented as in the case of a robot or a human software. But then again, that is peering way too far ahead into the future; a detour is in order.

At Death’s Door: How a Case Proceeds from a Dead Person

Also when it comes to wrongful death law, the subject is often referred to as the decedent. This is the legal term for a person who has died. The premise of the law in question is actually very simple when you come to think of it.

In a nutshell, it’s a case against anyone or anything that has caused the death of someone. Although the definition of someone can refer to a pet such as a dog or a cat, there has not been many sightings of such cases being filed. Also, the loss of an entity as opposed to an individual has rarely figured as a cause for filing a wrongful death case. If the opposite were true, then just about anyone could sue for the wrongful death of his or her business or even a way of life.

How It All Began

The landmark case for wrongful death dates as far back as 1846 and is commonly referred to as the Lord Campbell Act. Since then, related or similar cases have built steadily on the original premise of the act in the usual manner that legal precedents do.

The Curious Case for Civil Arbitration

One key difference that sets wrongful death law apart from a murder or similar investigation is that it is always a civil suit instead of a criminal prosecution. As such, the burden of proof isn’t as heavy as a criminal case. In this manner, wrongful death arbitration becomes similar to personal injury law or even car accident law.

The burden of proof in the case of wrongful death varies from country to country and in the case of the United States, from state to state. For example, in Australia, having signed what is known as a waiver is an effective means to deter a person from pursuing any wrongful death claim. Generally, in the U.S., the standard of proof being applied is just how much evidence the accuser has. Thus, the case succeeds in the plaintiff’s favor when a litany of evidence is presented as opposed to say, burden of proof, beyond reasonable doubt or litmus test.

Death Law Origins

Wrongful death prosecution originates from what is known in the courts of England as tort law. The keyword here is tortious, as when someone is tortured or inflicted damage in one way or another. As the mother of all injury laws, a thread runs through from the parent and down to the child. This makes wrongful death law a direct descendant of all tort litigation.

Steps To Take Following A Car Accident

Today, there are many accidents on the roads and most of them are caused by collisions and car crashes. With the growing risk on roads, people are beginning to realize the need to understand what to do in case of a road accident. However, this has not translated into wining reasonable compensation for many victims of car accidents. So what should you do immediately after an accident? Whether you are the driver, passenger or any other road user, it is advisable to remain calm and quiet about who is at fault.

Although this is the simplest thing to do, it remains one of the greatest undoing by many people who are involved in a car accident. Ordinarily, the rules of evidence do not permit the out of court statements also known as hearsay. However, there are circumstances where simple admissions or indications of fault can be messy than you thought. Did you know that even a simple statement of “am sorry” can be potentially harmful to you when the matter finally comes before the court of law?

The other thing you should do is to take or record any statements made by the other car operator. You can make use of your smart phone or such other gadgets to record voice just after the accident. You need to gather as much evidence and information as possible. You certainly need to know the name and address of the driver, license number, car registration number and the insurance information. Where possible, collect any information regarding the witnesses, descriptions of the scene of the accident, weather conditions at the time of the accident, and photographs of the vehicles involved in the accident among other relevant pieces of information that would be material to your case. Also do not forget to note down the police officers who came to witness the scene of the accident.

Of course, you do not want to forget about seeking immediate medical attention. Remember that whiplash motion as a result of a car accident can cause you injuries which may not be noticeable but whose effect can be serious over time. As a plaintiff, you do not want the defendant and his lawyer to underestimate the gravity of your injuries in a negligence case. Therefore, you need to visit a certified medical practitioner to perform checks and document the injuries that you may have sustained.

All these things are done to ensure that you protect your right to reasonable compensation. But you can seal the loopholes by contacting an experienced a car accident lawyer or personal injury lawyer to help you navigate the challenging waters of seeking compensation. Many people think that having been involved in an accident is evidence enough to help them obtain compensation but the truth is going it alone without the help of a legal counsel can be detrimental to your case. In other words, you subject yourself to the vulnerabilities of being challenged by the tactics of the opposing lawyer or insurance company. Do not accept to sign anything before you consult your lawyer as this may curtail your right to a fair compensation.

Understanding Car Accident Law

Car accident law refers to those legal underpinnings and guidelines that help determine who is at fault in a car accident and the extent to which such damages can be compensated in the event of a car accident. This field of law confines itself to the principles of negligence as they are applicable to specific personal injury cases that may be brought to the court for determination. Just like other cases that deal with or invoke negligence law, litigation involving car accidents is entirely covered by the state law.

The state law requires that accident victims prove the four basic elements, including duty, causation, breach, and harm. Duty means that drivers are legally bound to obey the traffic rules and operate their cars in a manner that is reasonable. This has to do with the driver ensuring that he or she drives safely without speeding, maintaining control, observing traffic signals and laws, as well as exercising awareness and care.

The existence of a duty of care is usually accepted widely since every person who takes on driving a vehicle takes the duty in his or her hands. Therefore, there is no doubt that such a person ought to accept the obligation or owes a duty of care to the passengers and other road users. However, the plaintiff will be expected to provide evidence that the defendant breached the duty bestowed on him or her.

On the other hand, a breach can be established by evidence provided by statements by eyewitnesses, traffic surveillance video as well as the admission of fault by the defendant. In other cases, the plaintiff may fall back to circumstantial evidence, such as blood alcohol record, skid marks and such other evidence that can prove his or her case.

However, the fact that the defendant was undoubtedly under duty does not mean that he or she breached that duty and that such led to the harm. This means that the plaintiff must prove the most critical element of causation. When such a time comes, medical testimony or reports that are consistent with the nature of the accident will come in handy to demonstrate the cause-effect existing between the breach and the injuries sustained. The plaintiff will need to show that such injuries never existed before the occurrence of the accident.

Finally, the plaintiff must prove harm. No matter how reckless the defendant was while behind the wheels, the plaintiff does not have an express permission to or green light to bring a negligence lawsuit unless it is proven that such conduct caused damage or injuries. In other words, “near miss” cases do not stand the test of law. This means that you cannot say that you escaped death by a whisker and that you should be compensated on that basis. Once the plaintiff establishes that there was harm, he or she is entitled to compensation for the expenses, lost incomes, pain, anguish, and pain arising out of the defendant’s lack of duty of care.

You Need a Car Accident Lawyer to Prove Your Case

Demonstrating that you are entitled to compensation by proving the four critical elements can be a tricky affair, especially if you do not have any legal background. For this reason, it is important to hire a car accident lawyer to help prosecute your case if you have to win and obtain a favorable compensation.

Personal Injury Law On The News

Personal injury law has been very much on the news lately. CNN recently reported a whopping US$289-million jury award to a terminally ill man who claimed his cancer was caused by the chemicals in a very popular garden pesticide. In other news, a woman was awarded US$417-million for claiming that she acquired ovarian cancer from consistent use of Johnson’s talcum baby powder. These two landmark cases illustrate beyond reasonable doubt that the branch of law having to do with personal injury, can be a very lucrative profession, indeed.

What Is Personal Injury Law

This legal discipline concerns itself with the lawful persecution of individuals and entities who have caused undue bodily or mental harm either deliberately or accidentally. Judging from the popularity of class action suits lately, the law practice makes for an excellent professional career for those who are inclined to pursue a discipline that requires a lot of investment in time, effort and money. Going to law school, after all, is never cheap.

Finding the Best School for Legal Education

Also known as tort law, the pursuit of personal injury legislation and criminal prosecution certainly never comes cheap. Another glaring example is mesothelioma court cases, which are piling up by the dozens in courts of law over the world. Since the first court case against the evils of asbestos was filed, the law on personal injury has never been the same.

To find the best school for tort law, follow the money. The schools with the biggest number of alumni turned legal luminaries in class action suits will be your best bet. This makes published and otherwise reported litigation awards the smoking gun for who’s who in the legal industry.

What It Takes to be a Law Student

Lawyers spend many years poring through books, journals and academic papers to learn about the inner workings of their chosen discipline. Many of these students develop psychosomatic illnesses such as hyper acidity, obesity and carpal tunnel syndrome–just to name a few. So it’s a big wonder why, these students are yet to figure in a class action suit of their own.

Although pursuing the academic profession and subsequently having a case to work on is littered with untold challenges, a great reward awaits those who manage to persevere. From the outsider’s point of view, winning a lawsuit in defense of a client who feels that he or she has been wronged is a cut-and-dried procedure. On the inside, however, the whole legal pursuit effort can get rather labyrinthine.

And that’s why lawyers dock many hours working on the cases assigned to them in the hopes that someday, they may find the holy grail of their legal career. One may not emerge as the next celebrity lawyer. But, in the meantime, the pay is great so nobody can complain in the industry.

A Future So Bright and So Green

Compared to doing pro bono work or preparing notary public documentation, focusing on the legal aspects of personal injury can be so much more interesting. In recent years, an aspect of tort legal pursuit dealing with car accidents has been on a constant meteoric rise. Any budding academic may find this practice very appealing or worth training their jurisprudence guns on.