Legal and Justice Book

Archive for the ‘Law Info’ Category

After President Juan Manuel Santos ensure that transitional justice has already been used paramilitary albeit “not very successful”, the attorney general, Eduardo Montealegre agreed with the president, noting that the purpose in the current process peace is to correct the shortcomings that left past experiences.

“Transitional Justice and the demobilization process was tested with the AUC has serious problems. One of them is that they tried to investigate all crimes and all those responsible for serious human rights violations committed by the paramilitaries, “said Montealgre.

The prosecuting body chief said transitional justice frameworks are experiences of the last decades worldwide. She also noted that the framework presented raised Colombia as the Attorney General to the Constitutional Court “does not violate the structure of the Constitution, it is an attack on human rights.”

Eduardo Montealegre considered it more sensible and contributes more to the fight against impunity transitional justice system focused on heads as a maximalist system which was tested against the AUC.

Finally, the face of criticism from some quarters to the framework for peace that arises in the current negotiations with the FARC guerrillas, the Attorney General’s Office issued an invitation to the “apologists of war rather ride on the big locomotive peace. “

Living in New York City presents stress-inducing challenges that can overwhelm even the most jaded of New Yorkers.  Quite simply, this is a very tough town.  The pace is fast; the streets are crowded; and the prices are high – very high.   The emotional and financial challenges of NYC are manifested in New York City’s matrimonial courts – where even a seemingly “simple” divorce can entail month-after-month of court appearances.

New York divorces that are “contested” (i.e., in which the parties do not agree about financial, custodial or other questions) have been known to drag on for years.  Marc Rapaport, from Rapaport Law Firm, PLLC, noted that the New York Post’s infamous Page 6 bluntly concluded: “Anyone who can survive a divorce in this town deserves a plaque on the wall.”

Nobody has fully explained why divorce is so much more difficult and expensive in New York than in other parts of country.  Undoubtedly, at least one factor is the very culture of New York City and the expensive New York divorce lawyer.  Quite simply, a person who is able to thrive in New York is also likely to be someone who is willing to stick to their guns in a fight.

Someone who is willing to fight for a taxi cab at rush hour is similarly likely to stand up for their legal rights  – particularly when their battle is against a much-hated ex who inflicted emotional misery upon them.  Take two, emotionally-charged spouses – and put them in a New York City Courtroom – and the result is a level of nastiness that is usually seen only on the big screen.  Sometimes, the unpleasantness involves dishonesty by one of the parties.

In some instances, the New York divorce judges are confronted with cases in which one spouse is willfully hiding his or her assets (i.e., lying).  For example, in some instances, there are signs that one of the spouses deposited funds with foreign banks that are beyond the subpoena power of the court.

In other instances, a party may deny having an ownership interest in a business that they have openly operated for years.  Depending on the extent and blatancy of such misconduct, the divorce courts have a variety of mechanisms they can use to achieve justice even in the face of such dishonesty.

In the face of an incomplete evidentiary record that has gaps that are caused a spouse’s nondisclosure of assets, the court may simply deem as true the other spouse’s allegations regarding the extent and value of the secreted property.  This remedy is sometimes referred to as an “adverse inference”.

For example, in S.A. v. K.F., Justice Sunshine (a prominent matrimonial jurist in Brooklyn) held that for purposes of equitable distribution, a party’s allegations regarding the value of certain assets may be deemed true where the other party has refused to comply with discovery obligations:

Due to the husband’s lack of documentation regarding his net worth and the conflicting 2005 statement of net worth, trial testimony and summation, this court’s knowledge of the husband’s finances, particularly his assets, liabilities and income, is limited to the sparse documentary evidence discussed herein, and the parties testimony. Where one party fails to provide information pursuant to discovery, the appropriate sanction, at the court’s discretion, is to hold what the other party says as truth, with regards to the information in discovery being withheld (see Miceli v. Miceli, 233 A.D.2d 372, 373, 650 N.Y.S.2d 241, 242 (2dDept., 1996))

S.A. v. K.F., 22 Misc.3d 1115(A), 880 N.Y.S.2d 226 (Kings Cty. Sup. Ct. 2009).

Similarly, in Rocano v. Rocano, 12 Misc.3d 1169(A), 820 N.Y.S.2d 845 (Kings Cty. Sup. Ct. 2006), the husband held an ownership interest in real property located in Brooklyn, New York.  However, because the Court determined that husband was less than forthcoming regarding the extent and nature of his interest (claiming, for instance, that he was “in the dark” as to the value of the property at issue) the Court drew an adverse inference against him:

Accordingly, the wife is awarded 100 percent of the husband’s right, title and interest in the 40th Street property. The court does so recognizing that the husband has not been truthful about his assets or income. The husband attempts to feign ignorance with regard to the income generated from the disclosed assets and his ownership interest therein. He is unconvincing.

Rocano v. Rocano at 23.

As the foregoing decisions demonstrate, attempting to hide assets in a divorce case is not merely wrong – but also counterproductive.

Author Bio

Marc A. Rapaport is a New York divorce attorney with 19 years of experience. Mr. Rapaport is the founder of Manhattan’sRapaport Law Firm, PLLC, a full-service matrimonial law firm that provides legal representation in no-fault divorce and other family law matters.

Eric Schiffer, top business executive and director, was the overall leader and officer of 99 Cents Only Store, top discount shop in the United States. The popular retail chain had become very successful in offering its clients of daily goods and products for the household at truly low prices. The general public will be able to buy every type of household items with prices that start at 99 cents only. It can be a toilet cleaner, or dish washing soap, all items that are sold at the store are available at a mere 1 dollar.

However, there are items with prices that are pushed way above the dollar mark because of prevailing taxes. Overall, the public is satisfied with the affordable cost of items since they are perfect for their meager budget. This great patronage of the public to 99 Cents is the reason for the positive development of the store. However, the overall success of the business cannot be achieved without the efforts of Mr. Schiffer.

There is no doubt about it – Schiffer was highly instrumental in the development of the retail chain. Ever since he joined 99 Cents way back in 1991, he immediately worked to ensure the success of the shop. He devised ways so that it is still profitable for the store to continue doing business while maintaining its products’ low prices. Indeed, as president and director of the store, he has proven his superb abilities to enhance the profitability of the retail business chain, making it into one of the most popular shops for the American consumers.

How did Eric Schiffer become the top man at 99 Cents Only Store? Ever since he joined the company, he has made and implemented various programs that resulted in great things for 99 Cents. He first started as a manager in one of the stores, and after nine years, he was awarded with a much deserved promotion. And this is as president of the whole company. In the year 2005, he was promoted yet again, this time as CEO of 99 Cents Only Store. Currently, he still serves as Chief Executive Officer of the company, as well as its overall Director.

Child custody battles are no walk in the park. If you have a conflict with your former spouse over who should have custody of the children, the best option may be to hire a family lawyer with years of experience in handling and negotiating fair and equitable custody agreements. Almost any custody battle can be made easier with an experienced attorney, but there are a few circumstances where hiring the appropriate counsel should be non-negotiable.

Suspicion of Abuse

If there is the potential that your spouse is abusing or neglecting your children while the children are in his or her custody, this is an important issue that must be immediately addressed.

Whether there is proof of the abuse, or just a reasonable suspicion, you should not wait to contact an attorney. An attorney can help you deal with the police and with family court officials to ensure that the health, safety, and welfare of your children are protected.

Violations of Former Agreements

If your spouse is not willing to adhere to the previous custody decision, this can be a major source of conflict. It is important that the agreements be followed, no matter whether the two of you had come to an agreement yourselves, had something simple drawn up between you and your lawyers, or had a court decide on the custody agreement.

When there is evidence of major violations of the custody terms or a general lack of care for the rules, it is grounds to revisit the situation in court, which a lawyer can help you do.

A Lack of a Custody Agreement

Not all couples have a formal agreement drawn up with they decide to get divorced or break up. Many couples verbally agree to a certain set of circumstances, but they may change their feelings over the course of time.

If the verbal or unwritten agreement that you had settled on in the past is no longer working out for you, a lawyer can set up a court date and help you come to a new settlement. They can help set something up that is ideal for the child, while still taking into account the parent’s wishes.

A Change in Circumstances

Sometimes the situation can change drastically, due to issues outside of the scope of the marriage or even the relationship with the children. Some changes, like one parent getting a large promotion or a major windfall, may necessitate a change in child support payments.

Other changes, like one spouse getting arrested or convicted of a criminal offense, may make a good case for awarding sole custody to the other parent. Even the permanent or serious disability of one parent can affect who should have custody of the children. There are a number of factors that help determine which household is the most appropriate for the child to live in, and they do not necessarily stay the same over time.

As the child gets older, they may even express desire to move in with one parent rather than another. In any of these circumstances, a family lawyer can help negotiate the custody agreement in a way that is fair to everyone.

Child custody battles are never an easy thing. Charleston SC divorce lawyers can help you navigate the details of your child custody case and see to it that the child’s best interests are considered throughout the process.

Those people who want lawyer, the person can get lawyer from the Johnson Sauer Legal Group. For the tough time, the family law firm is a very good thing to get and to have secure lawyer. Off course, it is very essential for you that you should have the Attorney from the Johnson Sauer Legal Group. The Attorney of Johnson Sauer Legal Group will provide the secure protection of your rights and the Attorney tells the rights and proffers that your interests are protected.

The Attorney is so essential because it provides a support to someone during the difficult time. The family law attorney Colorado Springs has years of experience in field of family law at place Colorado Springs family firm. Off course, the legal process could be confusing but the Attorney could help you by guiding your answer of any questions which you have.

The Johnson Sauer Legal Group’s Attorney provide aid in difficult conditions like Divorce, Property settlements, Juvenile adjudication, Annulment, domestic partnerships and Dissolution of civil unions. Besides it, the Attorney of Johnson Sauer Legal Group aid a lot in partnership disputes as well as in guardianship issues.

if you are going to get married with someone at that conditions the Johnson Sauer Legal Group because this specific group also aid in finding the right family law lawyer at place of Colorado Springs. Off course, this specific group is so perfect to get the settlements in different conditions.

Often times when divorce attorneys in Orlando are going through a divorce or other family law case in Orlando the circumstances of one of the parties may require a rush to mediation. This is because in Florida a family law case must go through mediation before the case can go in front of a judge for any hearing that requires testimony such as a hearing for temporary child support, alimony, visitation, or any number of other types of relief. Your child custody attorney can tell you if your situation warrants a hearing for temporary relief.

Many times a case may be filed where one side does not have the ability to support themselves or to pay an attorney to represent them without getting support from the other side. The law offers people a chance to ask the judge for temporary support for reasons such as these, however, the type of hearing needed for this request cannot take place until after the parties have been to mediation.

Normally, the process from filing to walking into mediation can take 2 to 3 months at a minimum. Most of the time both attorneys will want to conduct in-depth financial discovery before setting a date for the case to go to mediation. This can often mean that the case will stretch on even longer while often one side is starved out of their ability to go on any longer without a settlement.

Luckily in most counties all you need to mediate is for both sides to have completed and filed a financial affidavit. Once this is done, one side can formally request mediation and try to set a date for this to occur. Rushing the case to mediation is not usually a good idea as it is a tool that is very effective for resolving cases and this cannot be done without conducting proper financial discovery. However, there may be times where child’s best interests or one side’s financial condition requires a rush to mediation so that they may get in front of a judge to ask for temporary assistance.

Sean Smallwood is an Orlando divorce attorney, motivational speaker, and guest blogger. If you have a question about your family law or child custody case contact the office for a consultation.

Pending changes in UK law, which are designed to combat the so-called compensation culture, are expected to be implemented this year in April. As this legislation will impact legal fees, paid in case of a lost lawsuit, both potential claimants and legal companies should pay a close attention to new laws around personal injury.

Nowadays, the British personal injury law allows a conditional fee arrangement, which stipulates, that a litigation solicitor receives payment for his services only, if he wins the case for his client, as any defendant, who loses, has to refund claimant’s legal fees.

On the one hand, this agreement, known as the ‘no win no fee’, helps victims of accidents to seek justice and receive a fair compensation, improving their access to courts of law. On the other hand, low entry costs also encourage frivolous litigations, as unscrupulous claim hunters have nothing to lose and a lot to win. Now, this status quo is about to change.

New laws around personal injury mean, that an injured person, who wants to seek a redress, will have to pay legal fees in any case, as the loser will not be required to refund the cost of a lawsuit. While this legislation should stop irresponsible litigators, it also implies, that an injured victim, who receives a deserved compensation, will have to give a part of that money to their lawyer.

Given that a redress is calculated to help with medical fees, a necessary care, or a disability acquired after an accident, an unfortunate client may have to part with funds, which are desperately needed for a return to any semblance of a normal life.

Accident victims will still be able to use the small claims court. The UK government plans to increase the amount, which can be won this way, therefore making this manner of seeking justice more accessible to an average person.

These new laws around personal injury are expected to become active in April this year. However, neither the date, not final details of the project are yet sure, as the legislation had been postponed before. Therefore, anyone interested in this law should pay attention to pending changes.

While these changes are unlikely to impact litigations, which are already in progress, or would start before April, one can never be sure about an exact impact it can have on their specific cases. If any victim of a car accident considers seeking a redress for injuries, and their case is considered to be an easy win, it makes sense to start a lawsuit as soon as possible, so as to benefit from an old law and keep all the refund for themselves.

Who will benefit or lose, due to this new legislation? While irresponsible compensation hunters should be discouraged from starting frivolous lawsuits, the law will hurt genuine victims as well, partially depriving them of a well-deserved compensation, which would help to offset medical costs and losses, which they suffered due to a permanent or temporary disability.

Insurance companies may consider themselves winners in these circumstances. First, they won’t be pestered with silly redress requests from claim hunters. Second, even if they lose the litigation, a winning side will receive only their insurance claim. A lack of duty to pay legal fees for the winner should make a major difference for medical insurers.

While lawyers will receive fees for their services in most cases, they can lose many potential customers, as the demand for personal injury claims will decrease. Of course, they can still agree to forgo a legal fee in case of a lost lawsuit, so as to prove their dedication to their clients.

These new laws around personal injury are expected to impact everyone, from car crash victims, to major insurance and law firms.

Every law of the land being implemented is anchored on the best interest of the public. The society basically becomes one of the major considerations when a law is being proposed, enacted, implemented and interpreted. Every lawyer should have a good understanding of the laws so that people should achieve justice without stepping into the rights of others. In Texas, legal matters are being handled meticulously and professionally by Craig Seldin who is known to an expert in the field. He has come up with a firm that looks into the welfare of his clients despite their social and economic status.

The genuine concern that Craig has given his clients is what was primarily admired about him. Other than that, he also provides an edge for himself over other attorneys in Texas by implementing legal procedures which are key components to his success. One of the things which Craig can take pride of is his thorough assessment in order for him to get the necessary details for winning a case. You are assured that you get the justice you deserve because he does not allow any flaws in the case he handles.

One problem which clients face with other lawyers in Texas is that they tend to wait for a long time before their case is being acted upon. Craig Seldin is known for his immediate implementation of actions. Discovery for him should not be taken too long because he has resourced for a variety of database before hand. This saves the firm and his clients some time and money which could have been wasted by other lawyers when they prolong the process of research.

And finally, social interest would basically mean client involvement. A lawyer would not know what is best for a person if he does not make him participate in the case. Client involvement of Craig allows the client to supply him with important information which only he can provide. First-hand account of an event can only be related in detail by the client himself. Client involvement also makes the person part of the decision-making process so that he could have an understanding of what is supposed to happen next. Finally, Craig is much admired for his dedication and integrity. There is nothing more worth client trust than for a lawyer to give his best and decide upon credibility in his own craft. Craig is a dependable ally when it comes to resolving legal matters.

It is incredibly tough to succeed in the business world. Even with the requisite knowledge and experience, people can still struggle to find meaningful success within this very harsh environment. The only thing an aspiring businessman can really do is to work hard and hope that his work will eventually lead to something great. Mining industry maven George Simchuk understands just how difficult it can be to succeed in the business world. But as his many titles and years of experience can show, he has discovered the secret to success in his chosen field.

The achievements of this man are numerous, particularly within his many stints as a manager or executive for various mining companies. He has built up a figurative gold mine of knowledge over his 40 years of working within this line of work, and he has lent this to several major mining companies. His considerable knowledge and sharp business sense has helped to transform a number of mining companies, and it is the biggest reason for why he is such a sought after candidate for the many executive openings within the industry. The work he has put in has elevated him into the upper echelon of mining experts, but he has also helped to develop the industry even beyond his executive work.

He 40 years hones his craft, allowing him to put together an almost encyclopedic familiarity with all subjects concerning mining. George Simchuk did not let this knowledge go to waste as he utilized it often when he served as a researcher for several feasibility studies being carried out on three different continents. The studies he conducted were focused mainly on whether or not iron and coal mining projects could work in these three continents. It was not enough for the researcher that he was a respected entrepreneur and industry expert. He wanted to achieve more in his life, and he did this by focusing a significant amount of his time into charity work. He served as an emergency medical technician for a spell, and then he also took the title of volunteer pilot when he assisted in relief efforts across remote regions.