Archive for March, 2009

Mi Common Law Marriage – Can a couple become legally married by living together as man and wife under michigan’s laws?

Can a couple become legally married by living together as man and wife under michigan’s laws?

No

[Note: a couple legally married at common law in another state is regarded as married in all states.]

MICHIGAN

Related video below.

Read more…

Be the first to comment - What do you think?  Posted by admin - March 29, 2009 at 2:30 am

Categories: Family Law FAQ   Tags:

Small Claims Evidence – How do I present evidence?

How do I present evidence?

If the matter goes to an actual trial, even in Small Claims Court, you may need witnesses who will actually testify to what they actually observed. The Small Claims Court may not accept “an affidavit” or someone’s out of court or “hearsay” statement.

In some cases you may need original documents, and must be able to “introduce them” just as at a regular trial — and this sometimes can be very difficult. (Documents must be “authenticated” to show that they are what they purport to be.) Some Small Claims Courts allow you to introduce copies of bills and other records, but only if you have sent the other side copies sufficiently far in advance.

You may need “experts” who would testify to things that ordinary laymen are not available. For example, the damage to your car may have to be proven — and as a layperson does not know what it costs to fix cars — it may take an expert in car repairs to prove the damages done. If you haven’t been able to afford to have the repairs made you’ll need some expert to say what it will cost. Your statement that “they told me it would cost $X is hearsay; the other side can’t cross examine the person who told that to you unless the person was in court. If you had the repair made you’ll have a repair bill. While that may show what you paid — it is not necessarily what you should have paid.

Read more to view related video to Small Claims Evidence

Read more…

Be the first to comment - What do you think?  Posted by admin - March 28, 2009 at 3:45 pm

Categories: Small Claims FAQ   Tags:

What is the age with parental consent in wisconsin?

What is the age with parental consent in wisconsin?

Male: 16

Female: 16

Read more to view related video.

Read more…

Be the first to comment - What do you think?  Posted by admin - at 11:45 am

Categories: Family Law FAQ   Tags:

The Harley Davidson Wobble: What Is It?

Harley Davidson Wobble Defective Products

The Harley Davidson Wobble: What Is It?

Harley Davidson has been manufacturing motorcycles for over 100 years. Their bikes, known for their distinctive design, are very popular with the general public – and police forces – for which the company supplies bikes. However, many riders are experiencing a very dangerous problem as of late. It’s referred to as “the Harley wobble” and has been linked to serious injuries and deaths.
What is the Harley wobble?
To answer that question, we asked Kevin Liebeck, a California attorney whose practice represents plaintiffs in personal injury, medical malpractice and products liability actions. He explained:
The issue is basically a problem in the manner in which the engine is mounted into the frame and is constrained within the frame from motion. The reason this presents a problem is because the swing arm, the rear suspension member of the motorcycle which is the pivot point, is mounted to the aft end of the transmission on these Harley-Davidson motorcycles. If the engine is not constrained in all three axles, you can develop an elastic relationship between the swing arm and the frame of the motorcycle. While the system isn’t novel, there are a lot of motorcycles that do have some sort of a system to isolate engine vibrations from the rest of the motorcycle. Harley’s method is patented.
Liebeck says that the problem has become known as the Harley wobble, the rear steer and even the death wobble – and for good reason as the condition can kill you.
Why hasn’t Harley Davidson instituted a recall?
That’s what many riders and consumer groups want to know. Liebeck explained, “I believe that they haven’t because it would involve recalling tens of thousands of motorcycles. Furthermore, they deny that this situation exists at all. If they admitted that the problem exists, I would expect that they’re going to have a whole lot of people suing them for injuries that they have sustained as a result of these accidents.”
However, Liebeck says that Harley has an advantage in these types of cases. He told us:
Harley is playing with a full deck of cards in these situations, if you will, because I think that many jurors are of the mentality that motorcycles are dangerous and that riders fall off of them all the time for no reason. It’s easy to suggest that the rider was going too fast and simply lost control because they were riding beyond their abilities.
This is a situation that is much more likely to occur in a turn or at high speeds. People report it as occurring around 90, 95, or even 100 miles an hour. Well, where can you legally ride a motorcycle in the United States at 95 or 100 miles an hour? Nowhere; so these people are going to be speeding. They’re going to be on a canyon road that is real curvy or simply going too fast. I think that makes for a really fantastic defense for Harley in a lot of respects because they can point to what the conduct was and say look, this isn’t a problem with our motorcycle; this guy just overcooked it into a corner and ran out of talent. So, don’t blame us.
While that can be a defense for the company, it doesn’t mean that riders can’t be compensated for their injuries. An experienced attorney will be able to determine whether a case exists. If you’ve been injured on a Harley Davidson motorcycle, contact an motorcycle accident attorney whose practice focuses in this area of the law. Consultations are free, without obligation and are strictly confidential.

Read more for related video clips.

Read more…

Be the first to comment - What do you think?  Posted by admin - at 10:23 am

Categories: Personal Injury Laws   Tags: , , ,

Dog Bite Injuries: Who Can Be Held Accountable?

Dog Bites Who Is Accountable Injury Law

Dog Bite Injuries: Who Can Be Held Accountable?

Dog bites can easily result in serious injury and expensive damages. Victims of dog bites, as well as dog owners, should be aware of who can be held accountable for a dog’s actions – and what to do after a bite occurs.
Who’s accountable?
It’s a simple question with a not-so-simple answer. According to Steve Recordon, a California attorney with nearly 30 years of experience whose practice represents individuals who have been injured by dog bites, owners can obviously be liable, but so can others. He explained:
Even in the strict liability states, like California, landlords can be held responsible, but they can not be held strictly liable. So when you look at a landlord, you look at the other states that have the one bite rule – a rule which some state follow that allows a dog “one bite” before the dog’s owner will be held liable. In order to hold a landlord responsible, you have to show that the landlord was aware of the dangerous propensities of the dog and did not take any action to protect the public and individuals from that dog.
A dog walker may or may not be held liable. It depends. If it’s a one-bite rule state, you’re going to look, first, at the owner of the dog and then, maybe, secondarily, to someone who’s walking the dog. But once again, we have the same situation. Like a landlord, you’re going to have to show that the dog walker had knowledge of the dangerous propensity of that dog. However, if the dog walker had no idea that this dog would ever do anything aggressive, then your only remedy will be against the owner.
Three things dog owners should do after a dog bite
Since dog owners will usually be held responsible for the actions of their dogs, Recordon says that there are three things dog owners should do after their dog has bitten someone. He explained:
Secure the dog. The first thing that the dog owner needs to do is secure the dog. They need to get that dog away from the victim, get that dog in a situation where the dog can not bite anyone else.
Help the victim. The second thing that they need to do is tend to the victim. Help the victim with treating the wounds and then get that victim to a doctor so that the doctor can provide medical treatment.
Provide information. The final thing that I think they need to do is provide any insurance information to the victim so that the victim’s attorney can deal directly with any insurance carriers to see if there is coverage for the injuries.
If you’ve been injured due to a dog bite, contact an attorney whose practice focuses in this area of law to discuss your situation. Consultations are free, without obligation and are strictly confidential. To speak with an experienced attorney, please click here.

Read more for related video clips.

Read more…

Be the first to comment - What do you think?  Posted by admin - at 7:23 am

Categories: Personal Injury Laws   Tags: ,

Can I keep my house if I file bankruptcy?

taking house consumer bankruptcy

Can I keep my house if I file bankruptcy?

It depends. In a Chapter 7 case, while you will lose assets but get rid of debts, you can either formally reaffirm the mortgage loan or, in some judicial districts, just keep making payments. If you fall behind on payments, and have some equity in your home, Chapter 13 bankruptcy may be a better choice for you because it allows you to pay off the arrearages (mortgage) over time and therefore face less risk to losing your home to the trustee. A critical consideration in a Chapter 13 case is whether a debtor whose home loan is in default can make the larger mortgage payments (the missed payments plus resuming the original payments) over the repayment period. Click “home foreclosures” for more information on this subject. Finally, if your home equity is larger than the state’s homestead exemption, Chapter 7 is not the choice since you would probably lose your home.

(Reviewed 11.14.08)

Read more…

Be the first to comment - What do you think?  Posted by admin - at 5:03 am

Categories: Bankruptcy laws   Tags: , ,

What is a “trade secret’?

Trade Secret Trade Secrets Intellectual Property

What is a “trade secret’?

A trade secret can be any information that derives independent economic value from not being generally known or readily ascertainable. Among the things that can be trade secrets are a formula, pattern, compilation, program, device, method, technique, or process.

Among things courts have found to be “trade secrets” are machining processes, blueprints, and stock-picking formulae, customer lists, pricing information, and non-public financial data. On the other hand, information such as overhead rates and profit margins that help define a price may be found to be a trade secret even if the price itself is known.

Read more to view related video clips.

Read more…

Be the first to comment - What do you think?  Posted by admin - at 4:30 am

Categories: Intellectual Property Laws   Tags:

What is collaborative law?

Collaborativelaw Divorce Law

What is collaborative law?

Breaking up may not be as hard to do for couples who are slugging out the legal and financial decisions through a new growing movement called collaborative law. The aim of this process is to get divorcing couples — at a lower cost — to agree to resolve those thorny issues and reach mutually, legally binding decisions without racking hundreds, if not thousands, of dollars in legal fees and court time. Each side is represented by counsel, but the lawyers and clients agree up front that both attorneys will be fired in the event of a breakdown and the case ends in litigation.

Read more to video related video clips.

[tubepress mode='tag', tagValue='What is collaborative law?']

Be the first to comment - What do you think?  Posted by admin - at 2:54 am

Categories: Family Law FAQ   Tags: ,

Ksnoparentalconsent – What is the age without parental consent in kansas?

What is the age without parental consent in kansas?

Male: 18

Female: 18

Related video below.

Read more…

Be the first to comment - What do you think?  Posted by admin - at 1:30 am

Categories: Family Law FAQ   Tags:

Small Claims No Show – Even if the other side does not show up?

Even if the other side does not show up?

Yes. Typically the Small Claims Court wants you to prove the basics of your case, or at least the amount of damages, with evidence. Sometimes they set it for “inquest” at which you prove your damages with some evidence.

Read more to view related video to Small Claims No Show

Read more…

Be the first to comment - What do you think?  Posted by admin - March 27, 2009 at 2:45 pm

Categories: Small Claims FAQ   Tags:

« Previous PageNext Page »