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US LAW MAKING PROCESS AND LEGAL STRUCTURE

US Constitution

The United States operates a well-defined legal or law making system. It is made up of several levels which make up the codified and un-codified laws, but the most important of this is the United States constitution which applies to every citizen of the country. The constitution influences every federal law by keeping them in check and also acts as the basis and the foundation upon which the United States Federal Government rests. This affirmation makes it correct to say that the US legal system is formulated from the federal Constitution.

Law Making Process

Laws that are operational in the US today were once just an idea which had to go through the rigorous screening process of the United State Congress and the President. The Congress comprises of two important Legislative branches: the Senate and House of Representatives. Members of these bodies or branches come up with ideas for new laws from time to time which they feel will move the States and Country forward.

Any member who comes up with an idea for a law will have to draw up a rough draft and sponsor it before it can become a bill. The bill then goes to whichever legislative branch the Representative or Senator belongs to in the Senate or House. At this branch, the bill is subject to change and some strategic amendments or total blockage so that there is no vote on it. In a case where the legislative branch votes for the bill, it will then move to the other branch where a similar process is carried out again before it is sent to the House or Senate for approval after another round of voting.

A majority vote by the Senate and House and approval of all changes made, now qualifies the bill to be sent to the President. It is at the President’s desk that the bill is either signed into law, passed into law without a signature and in some cases vetoing it.

The US Legal Structure

Taking a critical look at the United States Legal system, you get the idea that it is somewhat complicated but in the actual sense it is just a system that consists of the Federal and State organizational structure. In order to fully get a grasp of the US legal system, you need to know which laws have the highest priority and controlling effect.

We have earlier established that the US Constitution is the prime of all the laws of the land followed by the laws created by the Congress. Although the Constitution is the ultimate, the Federal Congress can also make laws that influence the states directly unless they have a direct application to the States under Court directives and the US Constitution.

The States have a legislature that acts as a body which formulates its local laws formally called the “statutes”.

Hiring a San Antonio Personal Injury Lawyer: Advantages Of Getting Legal Assistance

injured man in hospitalAn ancient philosopher once mentioned: “The ideal man bears the accidents of life with dignity and grace, making the best of circumstances.” With the type of most accidents nowadays, however-injuries, deaths, or health conditions caused by another party’s fault-it can also be said that the optimal man bears the incidents of life equipped with the right compensation statement.

Making a compensation claim for a physical injury isn’t about payback or vengeance. When you have experienced because of the negligence, carelessness, willful wrong doings or inaccurate data by another individual or a company, it is your right and duty to get fair compensation. The amount you win will be essential for you to recover your health and strength so that you can pursue to work to support yourself and your family members, as well as to continue to contribute to the development of the city.

In a perfect world, the presence of a personal injury lawyer, specialists say, should not be a firm requirement for you to receive realistic settlement following an injury. Business employers and insurance agencies should be able to offer the ideal amount and consistency of payouts according to the proper regulations. However, it may take some time before these establishments provide the necessary benefits, mostly out of self-preservation: both your company and the insurance corporation are operating a business, and they would ordinarily take a long time to process payments to protect their revenue or prevent the chance of being victimized by fraudulent claimants.

man slipping on wet floorA professional San Antonio personal injury attorney will mostly be knowledgeable with this predicament, and thus will be equipped with a strategy to hold the process fast, efficient, and designed to get the utmost and rightful advantages for you. Accident claims can include a variety of incidents, from the most common slips and falls, to ailments or injury due to a flawed product, to university or play area accidents, to sexual assaults or dog attacks.

The respondent can be an individual, a business, a doctor, or the institution owning the location where the incident took place. Find an attorney with an excellent qualifications of the accident category you belong to and with a reliable comprehension of local legislation and industries, so that you can work out a fair out-of-court settlement fast, or make a substantial argument in court.

Having legal counsel by your side will not only assist you to navigate the legal difficulties of a personal injury case or deal with the requirements efficiently. Knowing that you have professional legal support will provide you the confidence and clarity to make wise decisions, even if you’re still in the process of healing from the injury. It is said that the worst effect of an accident is the emotional trauma it can bring. Working with a trusted lawyer can provide you peace of mind from the fact that you have the assistance you need-and that alone can already be regarded as winning half the battle.

Understanding California Tenant Law

California Tenant Law BookTenant law governs the rental of residential and commercial property. It is primarily composed of common and statutory law.

In California,the relationship between a tenant and landlord is founded in property law as well as contract.

There is a property interest by the tenant on the land for a certain period of time.

Responsibilities of a tenant in accordance with tenant law

Tenants in California should comply with the law’s provisions and in case of violations as a result of gross negligence, abuse and willful acts the tenant is responsible. The tenant is obliged to respond to owners on notices that are legally required.

Tenants have the responsibility of allowing the owner, his or her agent or employee into the premises for purposes of improvements or repairs required by statutory bodies. Should you find yourself in a dispute, you should seek a Los Angeles tenant lawyer for a free consultation.

Responsibilities of the Landlord

It is the responsibility of the landlord to ensure that buildings are clean, well maintained and safe. Security measures should be maintained like good lighting, water and heat. The property should be registered and be in compliance with all of the statutory regulations and standards.

Cases when a landlord can get into a tenant’s premises

In case of an emergency. This may include a fire, theft among others.

After giving appropriate notice in due time if it is because of provision of agreed upon services or repairs or a needed repair.

Steps to Follow when a Tenant Requires Repairs

According to tenant law…

Contact the relevant authorities regarding the repair such as the building superintendent, managing agent or owner.

In case there is no form of response a letter should be written describing the issues in the apartment and request for repairs to be made by a specific date. A copy should be kept and the letter should be sent to the owner and the management company.

If there is no further response, the owner should be contacted in person or via phone and let them know that if the completion of the repairs is not done a complaint will be filled. A record of all the attempts to try getting the landlord to make the repairs should be kept.

Regulations on security deposits

The tenant is entitled to get back the security deposits with interest. However the landlord should check for damages in the premises where if there are any damages the cost of the repair should be deducted from the security deposit.

How to Choose a Car Accident Lawyer in Sydney

man looking into legal options after car accident in Sacramento CAA personal injury attorney is a trained professional who represents people who have been injured in an accident and are seeking compensation from the party or parties responsible. This is in contrast to a defense attorney who represents individuals who are charged with breaking the law (car accident attorney). Auto accident laws in California are very specific. Having a licensed attorney on you side will be a huge benefit.

An experienced car accident attorney can increase your chances of being compensated for the physical, emotional and financial losses you suffer due to the negligence of others. Once you have decided that you need an attorney, you need to choose one whom you believe can best represent you in your personal injury claim.

Here are several methods you can use to choose a personal injury attorney to represent you in your personal injury claim:

Referrals from Friends and Family

Arguably the easiest way to choose a Sydney car accident lawyer is on the advice of family or friends. Contacting an attorney you have been referred to by someone close to you may allow you and the attorney to more quickly develop a comfortable relationship. You can also benefit from learning from the referrer a bit about the attorney before making contact.

Finally, if the referrer has referred you to an attorney that does not handle cases such as yours, the attorney may be willing to refer you to another attorney whom he or she believes can be of good service to you in your personal injury claim.

Advertisements for Legal Services in Sydney

personal injury legal counsel in Sacramento CaliforniaIf you do not know anyone in Sydney, NSW who can refer you to a reputable personal injury attorney, you can start your search with advertisements for legal services in mass media. Here, your first inclination may be to hire the lawyer with the most advertisements, however, this can be misleading. Often the advertisement will tell you very little about the attorney’s personality and/or how much personal attention your case will receive. Furthermore, higher advertising cost may lead to higher legal fees for you.

On the other hand, a smaller advertising budget may be an indication that the attorney has less financial capital to finance your case effectively (doctors fees, expert witness testimony, vocational reports etc.). In Addition, you may also find that these attorneys are less experienced and have less clout with insurance companies.

So, when choosing a personal injury attorney from advertisements for legal services in Sydney, New South Wales Australia you should use your common sense and intuition to choose an attorney who seems knowledgeable, professional and who you believe will fit your own personality.

Internet Directories and Attorney’s Websites

In addition to ads in the yellow pages, newspapers, business directories and on television, you can find an attorney through internet search directories. In the last decade, numerous lawyer directories have popped up all over the internet. This has made it quite easy for the public to search and find information on attorneys, regionally and nationwide.

In addition, most attorneys and law firms today have websites explaining the services they offer and listing their experience and areas of expertise. Many offer no-cost, no-obligation consultations via their web pages, which can allow you to get an idea of the manner in which they provide their services and to gauge whether or not they will be a good fit for you.

Conclusion

No matter how you go about choosing an attorney in Sydney, you should first shortlist attorneys who you intuitively believe you will be most comfortable with. Then you should whittle your list down to those personal injury attorneys who you want to contact for an initial consultation. Once you have contacted them all, choose the attorney who best answers questions regarding their qualifications, experience, ability to personally attend to your case, and whom you think you will be most happy with in the long run.

Personal Injury Lawyer Statistics

The need for personal injury attorneys is expected to increase within the coming few years. This could be attributed to the increased US aging population. Market research reports for personal injury attorneys clearly reveal the industry trends and industry statistics. This has enabled people to identify the type of products as well as clients that are driving profitability and revenue growth. The following are notable statistics that are related to a personal injury lawyer.

Personal Injury Attorney

Car Accidents

The National Traffic and Safety Administration reveal that approximately 6 million car accidents occur annually in the US. This statistics averages approximately one car collision in every ten seconds. These car collisions result to approximately 3 million personal injuries annually two-thirds of them being permanent injuries and approximately 40,000 deaths.

Truck Accidents

Approximately 125,000 truck collisions occur every year in the US. These statistics have been provided by the Federal Motor Safety Carrier Administration. These truck collisions result in approximately 60,000 personal injuries and about 5,000 deaths. These statistics clearly show that there is a great demand for personal injuries lawyers in the US today and with the current accident trend; the demand is expected to shoot even higher.

Medical Malpractice

The US institute of medicine has revealed that medical errors translate to approximately 10,000 deaths annually. An article published in a medicine journal back in 2006 showed that approximately 97% of the claims are as a result of medical injuries. Additional data show that errors during the process of prescription and the administration of medication account for over 1.5 million cases of personal injuries yearly.

It is worrying to note that about 400, 000 of these personal injuries take place in hospitals, over 800,000 occurring in care settings, and over 500,000 injuries occurring in patients receiving outpatient Medicare.

Other vehicle accidents statistics include the following:

-motorcycle accidents, whereby about 50,000 serious motorcycle accidents take place annually translating to around 2,300 deaths according to the Transportation Bureau Statistics.

-Train accidents, whereby approximately 2,500 train accidents occur each year leading to about 820 train deaths annually according to the Federal Railroad Administration.

-Boating accidents, whereby about 3,000 boating accidents occur annually this translates to around 651 deaths yearly according to the US coast guard.

-And ATV accidents whereby in 2011 alone, ATV accidents resulted in approximately 107,500 personal injuries and 327 death, according to the US Consumer Product and Safety Commission.

Report to a personal injury attorney

People who have gone through personal injuries are advised to seek assistance from talented personal injury attorneys. These lawyers can play an important role in ensuring that the suffering and pain experienced in the event of personal injuries doesn’t go uncompensated. People should locate lawyers in their area and start the process of personal injury recovery on damages.

Conclusion

Usually, personal injury claims tend to be filed for accidents including workplace accidents, road traffic accidents, home accidents, assaults, medical malpractice and defective products accidents. The need for injury lawyers continues to exist no matter the economic climate and the industry recession. In the coming few years, medical malpractices suits are likely to become more common as a result of the aging US population.

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