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Posts Tagged ‘legal’

PostHeaderIcon Looking at TBI (traumatic Brain Injury) Cases in Law

The TBI (traumatic brain injury) cases in Law are some of the most devastating cases for the people who have been injured. The injury may have occurred due to an accident, a fall, sports injury, or even an fall or an assault the person has suffered. The survivors of these injuries are facing many years of rehabilitation that will cost a lot of money. Plus it may be something that they will need to have for the rest of their lives.

PostHeaderIcon New Law School Graduates May Be Particularly Adept at Defeating the Technical Language Trap

In the current economy, as banks seek to foreclose on deeds of trust, attorneys for banks and borrowers in default will be pouring over deeds to discover - and defeat - defects in the title. Newly-graduated associates fresh from the Bar exam may be particularly helpful when examining unusual deeds with complicated remainder interests or archaic, technical language that every Lawyer learns for the bar exam, but that rarely appears in actual practice. Firms that are able to bring on new associates are likely to see a direct benefit to their clients, particularly in title defense and examination work.

PostHeaderIcon The Types of Personal Injury That Are Best to Let an Lawyer Handle

Injuries are a part of life, but there is no reason to pay for the ones that are not your fault. Yes accidents happen, but why should the victim be penalized for something that they would normally have been able to avoid if more care was taken. Here are some types of personal injury where the only move to be made is to pick up the phone and call a Lawyer.

PostHeaderIcon What to Do If Personal Injury is the Result of a Motor Vehicle Accident

The thought of being in a motor vehicle accident is often enough to make a person shutter. While the accident itself is terrifying, there are a lot of things to deal with after the accident as well. One of the victims may be faced with huge medical bills and loss of income while they recover from their injuries.

While accidents are a reality of life, they can cause significant financial problems that someone will have to be held responsible for. Once the insurance companies get involved, this can be a long and drawn out process. When this happens, the only people that can make sense of it all are personal injury attorneys.

PostHeaderIcon On Answering the Question, What Does it Take to Be a Litigation Support Professional?

Today with the onset of new ideologies and technologies come new Laws applying to same. And, so too the Law Firms looking for intelligent, savvy and smart litigation professionals to assist them in discovering and researching these new Laws in addition to existing ones and other related matters. Therefore, this is a bright career path for anyone wanting to work in a legal capacity today. However, to know if it is an area one is interested in, one must ask the question, “What Does It Take To Be A Litigation Support Professional?

PostHeaderIcon 3 Arguments For The Lowering Of The Drinking Age In America

Alcohol consumption has been a part of human life across cultural boundaries for thousands of years. Many countries have alcohol production and consumption ingrained in it's history. Spirits like beer, wine, Scotch, Bourbon and Vodka have proud, nationalistic roots that are a source of pride to the country's people. Needless to say, it's been an important part of human civilization, especially in times of life threatening water-borne illness. Beer was consumed instead of alcohol because of health reasons during many historical plagues.

PostHeaderIcon The Canadian Charter of Rights and Freedoms: Basic Principles in Criminal Law

The Canadian Charter of Rights and Freedoms was created by the Trudeau administration and given constitutional status as part of the Constitution Act of 1982.?The Charter contains a list of rights and freedoms that govern the relationship between every individual Canadian and the government of Canada.

Criminal defence Lawyers are generally experts in dealing with Charter issues, especially issues pertaining to those rights in sections 1-5 and the enforcement provisions in section 8. This is because the individual rights guaranteed under the Charter are the most powerful weapons criminal defence Lawyers have when representing their clients in court.

Your rights under the Canadian Charter of Rights and Freedoms inform almost every step of your interaction with the criminal justice system, from the offence you are arrested for, to every stage of your arrest, to every stage of your trial. Your criminal defence Lawyer will analyze every aspect of the charge against you to see if your Charter rights have been infringed.

Your defence Lawyer may argue that the offence you are being charged with is unconstitutional since it infringes one or more of your rights or freedoms. These kinds of constitutional challenges are less common; however, they do occur. The constitutional challenge to the Laws against hate speech in R. v. Keegstra mentioned above is one example. The Charter has also been used to challenge Laws against simple possession of marijuana, the Law against gay marriage, and the Law against abortion. Currently, Toronto criminal Lawyer Alan Young is mounting a constitutional challenge to the Law against soliciting for the purposes of prostitution. These challenges are not always successful (e.g., hate speech, possession of marijuana); however, they have sometimes been successful and caused radical changes in Canadian Law (e.g., gay marriage, abortion). To determine whether to challenge the constitutionality of the offence you have been charged with, your criminal defence Lawyer will consider whether the crime you have been charged with violates your rights in groups 1-3 (the fundamental freedoms, democratic rights, and mobility rights) as well as group 5 (your equality right). If the court agrees that the Law you are being charged under violates the Charter, the Law will be declared invalid. The charges against you will no longer exist, since you will not have broken any valid Canadian Law.

Your criminal defence Lawyer is much more likely to use the Charter to argue that the conduct of the state in investigating, arresting, or prosecuting you infringed your legal rights contained in group 4, which contains ss. 7-14 of the Charter. They provide a number of rules that govern the relationship between the individual and the criminal justice system:

1. Section 7 states that every person has the right to life, liberty, and security of the person. Section 7 also states that no person can be deprived of life, liberty, or security of the person except in accordance with the principles of fundamental justice; 2. Section 8 states that everyone has the right to be secure against unreasonable search or seizure; 3. Section 9 states that everyone has the right not to be arbitrarily detained or imprisoned; 4. Section 10 lists a number of rights which every individual has upon being arrested or detained; 5. Section 11 lists a number of rights which every individual has upon being charged with a criminal offence; 6. Section 12 states that everyone has a right to be free from cruel and unusual punishment; 7. Section 13 states that when a witness testifies in court that evidence cannot be used against them in a separate proceeding. This is a very limited and specific right against self-incrimination; and 8. Section 14 says that every person has a right to have a translator present at every proceeding against them if necessary. For more information on any of the rights listed above, please see our separate blog entries which deal with each right separately and in detail.

If your criminal defence Lawyer feels that your legal rights under the Charter have been infringed, they can make an application to the court for one of two remedies available under s. 24 of the Charter. First, your defence Lawyer can apply to have the court stop the proceedings against you; this is known as a “stay in proceedings” Alternatively, if your legal rights were infringed during the investigation against you, your criminal defence Lawyer can apply to the court to have specific evidence excluded from your hearing. For more information on remedies under the Charter, please see our blog on s. 24.

Criminal defence Lawyers invoke the protection of the Charter by making a “Charter application”. A Charter application occurs during the course of a trial. The rules governing criminal procedure create a special timeline for Charter application. Moreover, Charter applications must be made according to a precise format, must be accompanied by case Law and other documents, and must be filed at the court in a specific manner. It is beneficial to hire a criminal defence Lawyer to help you fight any charges against you because they have the particular expertise to expose possible Charter violations and to make formal Charter applications to the court.Kostman Pyzer is a criminal defence Law Firm serving clients in the Greater Toronto area and elsewhere in the province of Ontario since 1983. Not all <a href=”http://www.torontodefenceLawyers.com/”>Lawyers in Toronto are created equal. We are creative, experienced and hardworking. We pride ourselves on our aggressive representation of clients and our relentless commitment to success. Visit online today.

PostHeaderIcon Have You Heard of Litigation Support Services - What is This

Have you heard of litigation support services? This is a litigation service which helps Lawyers present a better case. The better your case the better chance you have to win. Many cases do not get to the trial stage. They are negotiated before trial and both parties agree to a settlement. Or there are cases that are settled in conflict resolution settings. But you have to be ready for trials that do go to trial.

PostHeaderIcon A Growing Problem Mortgage Fraud

Mortgage fraud is a growing problem throughout the United States. You want you the equity in your home to be more than the loan on your property. With the boom in the housing market there are those who will try to take advantage of this situation and try to get a quick profit. Here are some mortgage fraud schemes you should be aware of.

PostHeaderIcon Drug Crimes Are Not Only a Grown-up Problem Anymore

There was once a time when drug crimes mainly affected grown folks, and people did not have to worry so much for their kids. But as the years have passed, crimes involving drugs are including younger and younger age groups. The following paragraphs will provide some useful advice regarding keeping your kids safe.

When we were children, our parents used to warn of us such dangers as talking to a stranger. When they sent us to school, they did not have to worry so much about us doing drugs or committing crimes. However, kids are now selling drugs at school, or in some cases even giving them away for free. It is not only the adults anymore, it is now the kids, as well.