Monthly Archives: April 2017

The Expert Witness

Expert witnesses are often contacted for their knowledge and expertise in a field of study. This information is used to explain to the judge or jury panel that certain actions occurred, and to the best of the knowledge of the expert that his or her conclusion is the outcome of the incident.

While the end result that is presented is the opinion of the professional, it is backed by scientific data. In some cases, the analysis of the situation is processed through scientific method, with evidence as the foundation of the circumstances and with a scientific stream of data supporting the conclusion.

The need for hiring expert witnesses is often observed through their examination of the testimony and evidence provided to support the case. They are often able to see things that others have not considered. This may be a method or process that may have been overlooked or details about the situation that are clearer through sifting through the material evidence or photos of the crime scene and the surrounding circumstances. If this was an incident that involved a timeline of actions, the professional is often able to recreate it. This enables the individual to better understand what occurred and why certain injuries were sustained.

What is Scientific Data?

There are a number or processes used to determine the facts of a case based on the experience, training and knowledge of the expert. When it revolves around the evidence to determine the timeline of an incident, this may be ascertained by scientific methods, processes and procedures. The data extrapolated through these is useful in understanding and discovering who is responsible and how the injury occurred. With this, the professional is able to explain to the judge or jury what is needed so they are able to consider all the proof and deliberate. As informed as possible, this may provide a better chance of success to the victim.

Scientific data is collected through applying science and technology to the situation. This may include math used to find locations, considering weather conditions and road problems as applied to a car accident and what certain implements are used to cause the harm exhibited by the victim. A booklet or manual is used for reporting to the lawyer and the conclusion based on the expert’s opinion of the facts becomes his or her testimony. Along with his or her credentials and other case work being provided, this large document explains the entire process and what was found to be the reason for the incident and the wounds sustained.

The Necessity of an Expert Witness

Lawyers usually have a number of witnesses available for testimony. Some of these may include persons that observed the issue, but many only corroborate a portion of the incident. An expert witness does not necessarily have to be at the scene when the event took place. He or she, when a professional of the scientific community, is often able to reconstruct the instance. This may be explained to others from start to finish. For a company or agency, this may prove why a duty of care was owed, how it was breached and that the injury was caused due to the breach of duty. In other situations, this may prove how someone was negligent in his or her job tasks, and this led to the incident recorded. For some circumstances, the expert is able to lead a lawyer or law enforcement to further evidence.

An expert witness is also usually trained or experienced in the field that is relevant to the case. That means if the claim for compensation is due to an industrial accident, the professional would understand the daily processes, machinery and tools required to perform job duties. If the event took place in an office, the expert has knowledge of business transactions and the standard operations of employees. Additionally, many of these professionals have a background in multiple fields that permit them to access other aspects of a case such as medical documentation, chemicals, geography, psychological or emotional distress and numerous other subjects.

Expert Witness Assistance

A professional hired to assist in a claim has a professional demeanor, the proper appearance for the circumstances and decorum. As long as he or she has the correct characteristics, his or her very manner is enough to put the jury or judge at ease and place trust that the expert witness knows the field along with why certain items are relevant and meaningful.

Information Rights of Domestic Violence Victims in Rental Property

Victims of domestic violence suffer from various issues that stem from the abuse that has been inflicted upon them. Because of these problems, they are more prone to needing therapy and time to get over the psychological trauma. This means they are unable to retain gainful employment in most circumstances until they have resolved the matter with the individual in the home.

If the abuser is still living in the residence, keeping a steady paycheck is not always possible. Due to these concerns, there are certain stipulations that provide for domestic violence victims. In many situations where assistance is needed, it is important to seek the help of a domestic abuse lawyer.

Some states have regulations that are implemented specifically for the spouses or family members of an abuser. This could be assault, battery, stalking or similar circumstances. While physical abuse is the most commonly known, other forms of this violence may affect someone living in the residence equally in a negative manner. Because local and state laws that have been created to help these victims are often not known to them, it is imperative that a lawyer is contacted for housing and rental aid. In many of these situations, law enforcement or a shelter may be the first option that should be utilized before progressing further.

Protections with Housing

There are many states that have implemented anti-discrimination and eviction protection regulations for spouses that have been the victims of domestic violence. This means that these states have made it illegal to discriminate against those that have suffered from abusers. A landlord is not permitted to refuse renting to a victim of abuse, terminate a rental agreement or cause negative consequences due to domestic violence. While other states let landlords evict for almost any reason, regulations implemented for protections such as these ensure that someone that needs additional assistance is not left without shelter. If the property-owner attempts to do so, he or she may be held responsible through legal processes.

Other forms of protections come in the ability to end a lease with notice early without additional costs. This is usually possible with a 30 day notice. Proof of the abuse is usually needed such as a protective order or the status of a domestic violence victim so that the landlord or landlady is aware of the situation. Additionally, these landlords and landladies are not permitted in certain states to terminate the lease if police are contacted when domestic abuse has occurred. This also includes adding the expenses of the call to the rent or utility bills. Section 8 tenants are usually permitted to leave the residence without negative consequences when the authority has been notified before the individual vacates. Replacement housing with a termination of the previous lease and no additional complications are possible through the advanced notice in these situations.

Special Provisions

It is possible for domestic abuse victims to avoid the consequences of negative outcomes when applied to Section 8 and similar governmental assistance as long as the persons in charge are aware of the situation and violence incurred. If there is the danger of reasonable risks that injury or harsher circumstances may occur, many organizations are willing to assist the spouse or provide a contact to ensure that he or she is taken care of in these events. If the state where the victim is living does not have any known special provisions that does not mean that none are available necessarily. In some instances, the landlord or landlady should be contacted for possible considerations. It is possible in these circumstances the owner may be more willing to terminate the lease to prevent possible violent actions from occurring in the location. The publicity of this is often enough to assist the victim. Additionally, property damage may be prevented if the tenants are removed in an amenable agreement between them and the landlord or landlady. This could lead to a beneficial arrangement for everyone. Communication is important so that a positive outcome may be sought.

Legal Assistance

Special protections may be available, but owners of units may still terminate leases for nonpayment and similar situations. In many instances of the type of abuse, the perpetrator may leave the victim behind to fend for herself or himself. This could lead to a legal termination. It is important in events of domestic violence that a lawyer is contacted to protect the rights and protections of the affected person or spouse.

Ways to Lose Personal Liability Protection in Your Business

There are many forms of liability protection available to businesses, but there are numerous actions and activity that may lead to a loss of this safety. It is important to ensure that liability does not affect the company adversely when litigation may and does occur.

While preventing the possibility of someone suing the organization is essential, there are certain behaviors that management or owners may avoid in order to avert the disaster that costly and time wasting suits cause. This means that both research and hiring a business lawyer are imperative to the business. These are a means of protection and keeping liability from becoming a drain on revenue and profits.

To keep liability protection safe, it is important to avoid business practices that are considered sloppy or illegal. This means that books, records, financial documents and contracts should all be up to date, filled completely with clear and concise statements, clear terms and information relevant to the situation. To keep these files as such, an experienced business lawyer and accountant may be needed to ensure the papers are all legitimate. Another professional that has knowledge of finances may be required to protect the money deposited in banks or running through other sources. If anyone feels he or she is permitted to dip into these funds, this behavior should have swift and severe consequences.

Protecting Personal Liability Protection

It is important to follow regulations, guidelines and formalities in business. These rules in the states may differ, but filing documents, annual meetings of shareholders or directors and various other activities occur at the correct time and place as specified by state laws and the bylaws of the company. Minutes must be recorded as specified along with contracts and agreements completed by the deadlines or when the company is formed. It is vital that the person that owns the business separates the entity from himself or herself by following all required steps. If the company is a limited liability company, this may for most transactions ensure a complete separation of liability from the business and the owner.

Separate bank accounts should be opened for the individual and the business along with credit cards having only the person’s name for personal ones and the company name on commercial cards. Money should not be transferred between the organization and the owner unless there is a legitimate reason that is recorded. This could be for a loan or similar circumstances that are approved by the corporation and authorized by the board. Sufficient funds should be provided to the business from the beginning to ensure that the entity is not perceived to only be a shell for fraudulent activity or criminal intent.

Other Necessary Steps

Taxes and payroll must be handled properly. Otherwise, these matters may lead to a failure to comply with required regulations. Withholding taxes or other fees such as Social Security could cause an audit. It is permitted for the business management or owner to hold these funds and then deposit them into government accounts with documents recording these transactions to ensure they have been completed. However, the owner or partners may be held personally liable if these actions are not accomplished appropriately. The entire amounts that were held or kept may be penalties issued by the corresponding agencies. This ensures the responsible party is held accountable for any nefarious actions with taxes and other funds.

Borrowing Funds

When a personal loan is needed to fund a business venture, this usually means that the owner or partners are personally responsible for the loan payments. If for any reason the revenue from the company is not enough to pay the loan costs, the creditor may seek it from the personal assets of the owner. This is especially important if the company fails to pick up and there is no more revenue accruing to pay the bank or agency. The personal income and assets are used to satisfy the costs of the debt. In most circumstances, anyone with at least a twenty percent ownership or interest of the company may be utilized as a funding source for the loans provided they gave personal guarantees the funds would be repaid.

Legal Resource

A top manner in losing personal liability protection is the lack of hiring an experienced business lawyer. It is vital that companies have legal representation for a number of reasons, but to protect the liability and responsibility of repaying debts should be examined by these legal professionals before the next steps are completed.

The Undertaking a Case Through the Family Court in UAE

The family court process is one that has several layers and is ultimately geared towards resolving family disputes in a way that keeps families united or minimises court appearances. Below are the steps involved in the process:

1. Statement of Claim

This written claim, which must be drafted in Arabic, is a basic summary of facts which outlines the dispute. It must include details such as the legal grounds for the claim, the names of the parties to the dispute, their locations, addresses and phone numbers and the ultimate request by the claimant.

2. Claim Submission

This is now done through an onlinesystem. Once a claim is received by the family court’s Case Management Department, it is evaluated and any request for further information or clarification will be delivered to the claimant before the case can proceed.

3. Notification Process

This is the most arduous process in the family court system and may take up to four months to be conducted. Once a case has been filed, a court clerk (the ‘notifier’) issues a court summons to each of the parties or respondents listed in the claim outlining a date and time the respondent must appear in court for an initial hearing. In many cases the clerk has difficulties in serving the respondent with the summons, for example if there were problems with the listed address or if the respondent was not present at the address when the clerk visited.

In the event this occurs, the judge will adjourn the stipulated hearing and make an order for a ‘guidance procedure’ which requests the claimant to accompany a clerk or court representative to the listed address for the respondent to enable the summons to be served. If this still does not work, the judge will then order an investigation into the respondent’s circumstances, which entails an official letter being sent to the Department of Immigration and Criminal Investigation Department to garner more information on the respondent’s whereabouts.

This step usually presents results. However, in the event this still does not work, the original notification procedure takes place. If the respondent remains unable to be found, an advertisement is taken out in a UAE newspaper requesting the respondent to make contact with the court within a certain timeframe; the burden of these costs falls to the claimant. If this does not produce the respondent, another notice will be taken out in a newspaper but failing that the case will be postponed for judgment by the court. The same judgment will take place if a respondent who has been served fails to appear in court twice.

4. Memo Process

Once all parties are aware of the court date following notification of the parties, the process of exchanging memos begins. The initial memo is on behalf of the claimant to the court. After this has occurred, the claimant’s lawyer or the respondent may ask for time to study the file via a request submitted in writing to the court.

5. Dispute settlement process

Due to the strong societal desire to keep families united, there is a stipulation that the court must offer parties the opportunity to settle their dispute amicably at least once during proceedings. This is the last opportunity for a reconciliation between the parties and must take place when both are present.

The court has wide discretion about when the appropriate time to propose a settlement is made, but it must be made at least once during proceedings. If a settlement is reached, an agreement will be drafted and given to the judge for consideration. If the judge accepts this agreement, he will make this agreement part of the legal judgment. If the judge does not accept the settlement or no solution is reached, the case will continue and the judge will be the sole arbiter of the judgment.