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Digg it UP - 7 Words You Hear in Law But Were Afraid to Ask What They mean
Three business partners contacted me about creating a marketing plan for a coffee shop that they were opening in Greenwich Village in New York City. They had already leased a 3000 sq. foot space, which is very large for a coffee shop. They had not worked out what type of food or coffee they would serve. The location was too large for it to survive as just a coffee shop something extra would have to be added.I met with the three partners where I discussed my concerns about there new business venture. I convinced them to follow a plan that I created that would solve the extra space problem for them. Since they had already signed the lease on the location that was to large to succeed as just a coffee shop I created a plan for the coffee shop to be used as a place for community service groups, discussion groups, art and theatre groups, and special interest groups.I arranged for the coffee shop to operate a two-prong strategy. In the morning it will offer cof
For example, in a jury trial, facts are elicited from witnesses, medical records and evidence. The jury must decide whether the injured victim's version of the events, more likely than not, supports a finding in his favor. If the scales of justice tip even slightly in plaintiff's favor, then they are entitled to be compensated for their injuries.
In an appeal, the higher court looks to see whether the legal instructions given to the jury were appropriate, and whether certain evidence was properly admitted or excluded during the trial. If an error of law was made, the court must then decide whether it was a harmless error, or one that had irreversible consequences. If there was a legal error, there is a good chance the court will throw out the lower court decision, and order a new trial. There are other options as well, but we need more time and space to cover them all.
Q: What does it mean when my health insurance company says they have a 'right of subrogation?'
Payday loans in Canada have received nothing but bad press in the last five years. Canadians have begun to rally against them for they view cash advance payday loans as unlawful.A Canadian payday loan can reach up to $2000 and with the brokerage fee along with the interest, the loan amount to be paid may be considerable. Though the law allows the lending companies to charge 60% on the loans, the lenders have gone past the law by adding their own brokerage charges.The criterion for a payday cash loan in Canada is that the borrower should be a citizen of Canada and above 18 years of age. The borrower should also have a monthly income of $800 after tax deduction and should operate a regular checking account. Besides this the borrower should have been employed with the same firm for at least three months.Many Canadian payday loan borrowers have complained of harassment and even physical harm in some cases. Even the rates of interest are exorbitant, fr
Yelled the judge during a heated trial. Meaning: One lawyer has determined that the question being asked by the other lawyer has a problem with it and should not be answered. The judge must decide instantly whether the witness can answer the question or not. When the objection is sustained it means that the question will NOT be allowed, and the witness IS NOT to answer the question.
OBJECTION OVERRULED!
Again, a lawyer has objected to a question being asked, and again the judge must decide immediately whether the witness can or cannot answer the question. By saying "Objection overruled" it means that the witness CAN answer the question, and any objection by the attorney is disregarded.
Keep in mind that when a lawyer objects to a question, he may do so for more than one legal reason. Even if the Court decides against the lawyer who objects, ultimately, the lawyer has protected his client's rights, since he has preserved his objection for an appeal if one is taken at a later time.
Meaning: If a lawyer appeals a decision or verdict against him (or her), the higher court looks in the transcript of the trial to see if the lawyer 'preserved his right to object' and actually objected at the time the question or decision arose. If he did, then the higher court will likely address the issue. If the lawyer never objected to the problem at trial, and only objected after the decision was against his client while on appeal, the Court will probably not address the issue and claim that the lawyer waived his right to preserve this issue on appeal.
SURROGATE'S COURT
This is the Court where papers are filed when there's been a death, and you need to have someone in the family appointed as administrator or executor of the estate.
Q: What is a deposition, and will I have to testify at a deposition?
A: First, a deposition is a question and answer session where you will swear (or affirm) to tell the truth. The questions and answers are recorded by a Court stenographer, who will later transcribe all of the questions and answers into a booklet.
If you are bringing a lawsuit for injuries you or your loved one suffered then you will be required to testify about your knowledge of the events and your knowledge of the injuries. You will also be asked questions about how those injuries have affected you (or your loved one) and what treatment you've received to treat those injuries.
The attorney(s) for the people you have sued will be questioning you, usually in my office. Sometimes, because of an inability to travel, we can accomodate the injured victim and conduct the deposition closer to their home. Naturally, I will be there with you every step of the way.
Prior to your 'deposition' you will meet with me, either on the day you are scheduled to be asked questions, or on a scheduled day before the deposition. During that meeting, I will prepare you extensively about what you can expect will be asked of you by the other attorney(s). By the time we have finished our meeting, you will be aware of practically all the types of questions you will likely be asked by our adversaries.
During the deposition, if you have any questions or concerns, we can take a break and discuss them in the privacy of my office.
Once your deposition session is finished, you can expect to receive a copy of the booklet that contains all of the questions and answers asked and given. You will also receive special instructions about how you must review the transcript for any errors, and what to do if you find factual or typgraphical errors.
On another date, I will have an opportunity to then question the 'defendant' (the party that you have sued) to determine from them what happened and why. You are welcome to attend the defendant's deposition with me, however there are some instances where I will advise against being there, and in some instances I will encourage the client to accompany me.
Q: What is an appeal?
A: An appeal is a request to a higher court to review and re-evaluate a decision made by a lower court. Appeals are complex, and are most often decided on the legal issues, as opposed to factual issues.
For example, in a jury trial, facts are elicited from witnesses, medical records and evidence. The jury must decide whether the injured victim's version of the events, more likely than not, supports a finding in his favor. If the scales of justice tip even slightly in plaintiff's favor, then they are entitled to be compensated for their injuries.
In an appeal, the higher court looks to see whether the legal instructions given to the jury were appropriate, and whether certain evidence was properly admitted or excluded during the trial. If an error of law was made, the court must then decide whether it was a harmless error, or one that had irreversible consequences. If there was a legal error, there is a good chance the court will throw out the lower court decision, and order a new trial. There are other options as well, but we need more time and space to cover them all.
Q: What does it mean when my health insurance company says they have a 'right of subrogation?'<
The Telephone And Your Business "Mr. Watson -- come here -- I want to see you.". These were the first words spoken over our beloved telephone in 1876 by its inventor Graham Bell to his assistant in the next room (Thomas A. Watson). I have posted Grahams hand drawn diagram below, in case you want to re-wire your office.[Image is available visiting this link: http://www.martinprint.com.au/?p=article-telephone]The telephone must be the single most important tool for business today. It therefore shocks us that many people have little or no phone skills at all. Bad phone manner drives existing and prospective clients away in droves.How many times have you phoned a company with a simple question that would lead to the purchase of a product or service? A time when you had to press the latest lotto result on your keypad only to be left on hold for 30 minutes. Then to be greeted by somebody who really just wants you to go away and die?
Meaning: If a lawyer appeals a decision or verdict against him (or her), the higher court looks in the transcript of the trial to see if the lawyer 'preserved his right to object' and actually objected at the time the question or decision arose. If he did, then the higher court will likely address the issue. If the lawyer never objected to the problem at trial, and only objected after the decision was against his client while on appeal, the Court will probably not address the issue and claim that the lawyer waived his right to preserve this issue on appeal.
SURROGATE'S COURT
This is the Court where papers are filed when there's been a death, and you need to have someone in the family appointed as administrator or executor of the estate.
Q: What is a deposition, and will I have to testify at a deposition?
A: First, a deposition is a question and answer session where you will swear (or affirm) to tell the truth. The questions and answers are recorded by a Court stenographer, who will later transcribe all of the questions and answers into a booklet.
If you are bringing a lawsuit for injuries you or your loved one suffered then you will be required to testify about your knowledge of the events and your knowledge of the injuries. You will also be asked questions about how those injuries have affected you (or your loved one) and what treatment you've received to treat those injuries.
The attorney(s) for the people you have sued will be questioning you, usually in my office. Sometimes, because of an inability to travel, we can accomodate the injured victim and conduct the deposition closer to their home. Naturally, I will be there with you every step of the way.
Prior to your 'deposition' you will meet with me, either on the day you are scheduled to be asked questions, or on a scheduled day before the deposition. During that meeting, I will prepare you extensively about what you can expect will be asked of you by the other attorney(s). By the time we have finished our meeting, you will be aware of practically all the types of questions you will likely be asked by our adversaries.
During the deposition, if you have any questions or concerns, we can take a break and discuss them in the privacy of my office.
Once your deposition session is finished, you can expect to receive a copy of the booklet that contains all of the questions and answers asked and given. You will also receive special instructions about how you must review the transcript for any errors, and what to do if you find factual or typgraphical errors.
On another date, I will have an opportunity to then question the 'defendant' (the party that you have sued) to determine from them what happened and why. You are welcome to attend the defendant's deposition with me, however there are some instances where I will advise against being there, and in some instances I will encourage the client to accompany me.
Q: What is an appeal?
A: An appeal is a request to a higher court to review and re-evaluate a decision made by a lower court. Appeals are complex, and are most often decided on the legal issues, as opposed to factual issues.
For example, in a jury trial, facts are elicited from witnesses, medical records and evidence. The jury must decide whether the injured victim's version of the events, more likely than not, supports a finding in his favor. If the scales of justice tip even slightly in plaintiff's favor, then they are entitled to be compensated for their injuries.
In an appeal, the higher court looks to see whether the legal instructions given to the jury were appropriate, and whether certain evidence was properly admitted or excluded during the trial. If an error of law was made, the court must then decide whether it was a harmless error, or one that had irreversible consequences. If there was a legal error, there is a good chance the court will throw out the lower court decision, and order a new trial. There are other options as well, but we need more time and space to cover them all.
Q: What does it mean when my health insurance company says they have a 'right of subrogation?'
Size matters. Or, at least, that is what the big players like to think. Here in Ireland, we have been more aware than most that size is relative. More than most too, we have taken sides when the little streets have hurled themselves against the great. Unlike the Swiss, we don't do neutral terribly well. Almost always, our sympathies are with the small player, the one who is outweighed and outgunned, and we take more than a little pleasure at the prospect of seeing the lumbering giant brought to earth with a crash. But such an outcome is by no means inevitable. The playing field is littered with the bodies of the diminutive and the gallant and for
every David who stands triumphant over a fallen Goliath, there are dozens more who lie beaten and crushed in the wake of a rampaging giant.In the Irish context, Jacob Fruitfield is one of the big players. With sales
projected to hit ?110 million in 2005, and a number of Ireland's best-known food
brands on its boo
If you are bringing a lawsuit for injuries you or your loved one suffered then you will be required to testify about your knowledge of the events and your knowledge of the injuries. You will also be asked questions about how those injuries have affected you (or your loved one) and what treatment you've received to treat those injuries.
The attorney(s) for the people you have sued will be questioning you, usually in my office. Sometimes, because of an inability to travel, we can accomodate the injured victim and conduct the deposition closer to their home. Naturally, I will be there with you every step of the way.
Prior to your 'deposition' you will meet with me, either on the day you are scheduled to be asked questions, or on a scheduled day before the deposition. During that meeting, I will prepare you extensively about what you can expect will be asked of you by the other attorney(s). By the time we have finished our meeting, you will be aware of practically all the types of questions you will likely be asked by our adversaries.
During the deposition, if you have any questions or concerns, we can take a break and discuss them in the privacy of my office.
Once your deposition session is finished, you can expect to receive a copy of the booklet that contains all of the questions and answers asked and given. You will also receive special instructions about how you must review the transcript for any errors, and what to do if you find factual or typgraphical errors.
On another date, I will have an opportunity to then question the 'defendant' (the party that you have sued) to determine from them what happened and why. You are welcome to attend the defendant's deposition with me, however there are some instances where I will advise against being there, and in some instances I will encourage the client to accompany me.
Q: What is an appeal?
A: An appeal is a request to a higher court to review and re-evaluate a decision made by a lower court. Appeals are complex, and are most often decided on the legal issues, as opposed to factual issues.
For example, in a jury trial, facts are elicited from witnesses, medical records and evidence. The jury must decide whether the injured victim's version of the events, more likely than not, supports a finding in his favor. If the scales of justice tip even slightly in plaintiff's favor, then they are entitled to be compensated for their injuries.
In an appeal, the higher court looks to see whether the legal instructions given to the jury were appropriate, and whether certain evidence was properly admitted or excluded during the trial. If an error of law was made, the court must then decide whether it was a harmless error, or one that had irreversible consequences. If there was a legal error, there is a good chance the court will throw out the lower court decision, and order a new trial. There are other options as well, but we need more time and space to cover them all.
Q: What does it mean when my health insurance company says they have a 'right of subrogation?'
The Job Application Form differs from your resume in that it requires you to include much more detailed information about certain things, such as your former employer’s address and telephone number. Your resume does not provide this and employers will want this information if they want to contact your former employer(s) and/or if they do a background check.Be prepared when you go to your next interview. On a separate sheet of paper, list all of the specifics about each of your former employers, the schools you attended and other important details that your resume omits. If you follow the link at the bottom of this page, you will be taken to a list of information that is most often required in order to complete a job application form.Most forms are easy to fill out, but they are time consuming and tedious. You will be asked to complete anywhere from 2-6 pages of information about your current situation as well as your history.
During the deposition, if you have any questions or concerns, we can take a break and discuss them in the privacy of my office.
Once your deposition session is finished, you can expect to receive a copy of the booklet that contains all of the questions and answers asked and given. You will also receive special instructions about how you must review the transcript for any errors, and what to do if you find factual or typgraphical errors.
On another date, I will have an opportunity to then question the 'defendant' (the party that you have sued) to determine from them what happened and why. You are welcome to attend the defendant's deposition with me, however there are some instances where I will advise against being there, and in some instances I will encourage the client to accompany me.
Q: What is an appeal?
A: An appeal is a request to a higher court to review and re-evaluate a decision made by a lower court. Appeals are complex, and are most often decided on the legal issues, as opposed to factual issues.
For example, in a jury trial, facts are elicited from witnesses, medical records and evidence. The jury must decide whether the injured victim's version of the events, more likely than not, supports a finding in his favor. If the scales of justice tip even slightly in plaintiff's favor, then they are entitled to be compensated for their injuries.
In an appeal, the higher court looks to see whether the legal instructions given to the jury were appropriate, and whether certain evidence was properly admitted or excluded during the trial. If an error of law was made, the court must then decide whether it was a harmless error, or one that had irreversible consequences. If there was a legal error, there is a good chance the court will throw out the lower court decision, and order a new trial. There are other options as well, but we need more time and space to cover them all.
Q: What does it mean when my health insurance company says they have a 'right of subrogation?' For example, in a jury trial, facts are elicited from witnesses, medical records and evidence. The jury must decide whether the injured victim's version of the events, more likely than not, supports a finding in his favor. If the scales of justice tip even slightly in plaintiff's favor, then they are entitled to be compensated for their injuries. In an appeal, the higher court looks to see whether the legal instructions given to the jury were appropriate, and whether certain evidence was properly admitted or excluded during the trial. If an error of law was made, the court must then decide whether it was a harmless error, or one that had irreversible consequences. If there was a legal error, there is a good chance the court will throw out the lower court decision, and order a new trial. There are other options as well, but we need more time and space to cover them all. Q: What does it mean when my health insurance company says they have a 'right of subrogation?' A: When you go to the doctor or hospital for injuries you received from an accident or malpractice, in all likelihood your health insurance company will be paying your medical bills. [This does not include car accidents, where your no-fault insurance company will be paying for your medical bills up to a certain dollar limit.] If you continue to receive medical care for your injuries and those bills are paid by your health insurance company, then your health insurance company has a right to recover those monies that they paid for your medical care. Why? Because your injuries were caused by someone else. If you bring a lawsuit claiming pain and suffering and also that you incurred medical bills and you get money for your injuries- your health insurance company wants to be repaid. Technically, your health insurer 'steps into your shoes' and can bring a claim against the insurance company of the person or hospital who caused you harm. They can obtain their money directly from them. Alternatively, the health insurance company can bring a claim against you, the injured victim saying that since you settled your case, you are obligated to repay us for what we already paid out to your doctors. This is the 'right of subrogation'. It appears in very small fine print in most every health insurance policy in New York. Some policies are very specific and say, "If you bring a lawsuit to recover money for your injuries, and we have paid for your medical bills, we have a contractual right to be repaid." The Courts in New York have consistently permitted health insurance companies to intervene in pending injury lawsuits to allow the health insurer to recover money that they already paid. Q: What is 'hearsay'? A: That is a legal term used to describe statements made by someone who is not in court to tell us about what they heard. Why is hearsay not admissible in Court? Because an attorney does not have the benefit of actually questioning the person who made the statement. Without being able to cross-examine the person who made the statement, it would be very easy for someone to make up testimony, and nobody would ever know if the statements were true or not. Cross-examination allows an attorney to question the witness, and allows the jury to see and hear the person and how they answer the questions. Are they truthful? Are they shifty? Are they secretive? Are they hiding something? The only way to truly unravel this is to have the witness in court telling the jury what they heard themselves.
Let’s face it, running a janitorial company is not easy. It’s not glamorous. And, at time’s, it’s not very profitable. But, when you add the ever lingering possibility of lawsuits by your employees and customers and worker compensation claims, you begin to see why a lot of company’s don’t make it past their 3rd year!Look in your local yellow pages, and you’ll discover an unending line of lawyers, all waiting to file a claim against someone, anyone, for just about any reason imaginable.If you’re a small company, you may be dependant on your customers paying you on time, so that you can meet your payroll cost. That’s too bad. Why? Because, many business owners are habitually LATE on their Account Payables. And, this means that you have to borrow the money to pay your employees and of course, pay it back with interest OR you have to tell your employees that payroll will be a few days late, and risk them quitting or worse, going to the Labor Board. decided on the legal issues, as opposed to factual issues.
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