Archive for the ‘Legal Assistance’ Category

posted by admin on Sep 6

Cars that have repeatedly failed to meet standards of quality and performance are called Lemons. If car has been repaired four or more times for the same defect within the warranty period but still the defect has not been fixed then American state laws provide a remedy for consumers in order to compensate for cars. State lemon laws vary by state and may not cover used or leased cars. Under the Magnuson-Moss Warranty Act, breach of warranty is a violation of federal law.

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Every state has its own regulation for a car to be qualified as a lemon. Therefore, it would be wise to consider the Lemon Law Summary and the State Statutes for details about the law. Three sets of laws apply to defective vehicles and products in the United States.

  • The Magnuson-Moss Warranty Act: The Magnuson-Moss Warranty Act (P.L. 93-637) is a United States federal law enacted in 1975, it is the federal statute that governs warranties on consumer products.
  • The Uniform Commercial Code: The Uniform Commercial Code (UCC or the Code), first published in 1952, is one of a number of uniform acts that have been promulgated in conjunction with efforts to harmonize the law of sales and other commercial transactions in all 50 states within the United States of America.
  • State-Specific Lemon Laws: Lemon laws vary from state to state. Therefore, it is better to consult the state statuettes before you start consultation with an attorney.

In order to get the benefits of this law, there are certain essential steps one should follow. Keep all the documents safe regarding the vehicle and its history. All repair orders, service records, purchase contracts, warranty book and the owner’s manual should be available handy.

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Maintain a record of the conversation you have with your dealers and repair technicians regarding your vehicle and its alleged condition. Include the date, time and the subject discussed. This should also include phone calls and in-person contact. Never tape a conversation without the required permission as it is considered an offence. Have hand written notes of all your conversation.

Maintain a timeline of all the repairs your car has had. This will help you out to ascertain the number of times and the type of the defect. Explain to your dealer, repair technicians, or others about the problems of the car.  It is natural for them to say that the repairs are minor but never give up until you have the right answers for all. Remember only an attorney who is familiar with the lemon law can say whether your car is lemon or not.

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posted by admin on Sep 5

An accident may be defined as an unfortunate and undesired event that may result in loss of property or personal injury. Collision, injury to any person, loss of life, disablement and material damage or expenses that innocent parties have to pay when it was not their fault, can be an occurrence of an accident.

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Since accidents are prone to create a life altering situations for many and leaving them in an emotional loss so it calls it for the law to intervene. Here are certain things that you should know when an accident occurs.

In case of any personal injury because of the accident, the law entitles you to be compensated. In the United States, personal injuries constitute most injury claims. Personal injury suits may arise from automobile, plane or boating accidents, medical malpractice, animal or dog bites, defective or dangerous products, “slip and fall” accidents, or intentional assault. This may also include workplace injury and other industrial diseases that arise because of working in toxic industrial conditions.

If the injury is caused by negligent, reckless or intentional acts of another, then injured parties or their loved ones should obtain legal assistance at the earliest. A legal representation will help you to deal with all the formalities and help you to preserve the evidence. Even if no one is at responsible for the injury caused it is advisable to get legal help for only an attorney knows what the legal formalities are.

An injured victim may be able to recover through a formal civil court proceeding, or through informal settlement negotiations. The lawsuit must be filed in the county where the injury occurred.

Generally, when dealing with the injury, the victim is asked to prove that the opposite party was acting negligently. In order to recover under a negligence claim, the injured party must prove that:

  • The Defendant Owed A Legal Duty To That Party.
  • The Legal Duty Was Breached By The Defendant.
  • The Defendant’s Actions Caused The Injury.

An injured party may seek to recover their losses in a civil lawsuit. However, the members of the victim’s family may also be eligible to recover for losses suffered because of the victim’s injuries.

The common types of recovery include:

  • General Damages
  • Loss of Consortium
  • Lost Earning Capacity
  • Lost Wages
  • Medical Expenses
  • Punitive Damages
  • Wrongful Death

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posted by admin on Sep 4

Consumers are often left baffled after buying a faulty product. Many are still in dark when it comes to knowing about their rights and what to do if goods or services go wrong.

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It is important to know about your basic statutory rights for shopping. Only if you know these you can find out whether you are getting what you deserve or not. When you buy the goods they must be Satisfactory in quality as described, fit for purpose and last a reasonable length of time. This applies to all kinds of shopping be it buying in a sale or with a discount voucher.

A general classification of the goods includes:

  • Clothing, furniture, and other household goods.
  • Food and drink
  • Goods supplied as part of a service, for example a reconditioned engine.
  • Animals, for example some pets.
  • Crops that have been harvested.

The trader in no way can do these things when selling you goods:

  • Make a written statement that you have no legal rights when you buy goods.
  • Make a false description about goods.
  • Sell dangerous or unsafe goods.
  • Try to charge for goods sent that you didn’t order.
  • Sell short measure or short weight.
  • Give a misleading price, either in writing or verbally.

If you find something faulty, make sure that you take the necessary action immediately. You can usually get a full refund, as you are unlikely to be seen as having ‘accepted’ the goods.

According to the Sale of Goods Act 1979:

  • Be of satisfactory quality. This means that the goods should be free of any faults, including minor ones. They should be of the quality that a reasonable person would expect given the description, price and any other relevant circumstances. You can take into account the appearance and finish of the goods, and whether there are any defects (including minor ones). You can also take into account whether publicized information about specific features of the goods is accurate, and whether the goods are safe when used properly
  • Be fit for the purpose. This means that you must be able to use them for the purposes that you would normally expect from this type of product, or any purpose that you have told the seller you want to use them for.
  • Match their description. This means that if there is a verbal or written description of the goods, it must be accurate. And if you choose goods after seeing a sample, your goods must match the sample.

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posted by admin on Sep 3

The United States of America prohibits job discrimination of any sort. Be it federal, state, or local government the U.S. Constitution prohibits all forms of job discrimination. The Federal employment discrimination laws prohibit employers from discriminating based on race, sex, religion, national origin, physical disability, or age. These are to ensure that the workers do not suffer damages on any sort of bias. There should not be any sort of prejudice followed in hiring, promotion, job assignment, termination, and compensation.

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The federal laws prohibiting job discrimination are:

  • Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin.
  • The Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination.
  • The Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older.
  • Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments.
  • Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government.
  • The Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.

Under Title VII, the ADA, and the ADEA, it is illegal to discriminate in any aspect of employment, including:

  • Hiring and firing.
  • Compensation, assignment, or classification of employees.
  • Transfer, promotion, layoff, or recall.
  • Job advertisements
  • Recruitment
  • Testing
  • Use of company facilities.
  • Training and apprenticeship programs.
  • Fringe benefits
  • Pay, retirement plans, and disability leave; or other terms and conditions of employment.

Discriminatory practices under these laws also include:

  • Harassment on the basis of race, color, religion, sex, national origin, disability, or age.
  • Retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices.
  • Employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities.
  • Denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability. Title vii also prohibits discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group.

Many do not realize that while struggling to cope up with the job discrimination that they have very short time in protecting their rights. Since, the employment discrimination laws are complex it is important to an employment discrimination lawyer with federal employment law experience to ensure that you get your rights back.

posted by admin on Sep 2

Identity theft is increasingly becoming a problem in the world. In U.S alone, there are 10 million victims per year. Identity theft is one of the most serious crimes as it involves not only identity and financial losses but also the person undergoes the ordeal of being in constant fear of being cheated again.

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Most U.S. states have implemented laws that provide strict punishment if found guilty.  In his tenure President George W. Bush signed a Identity Theft Penalty Act in 2004. This is considered as a remarkable change in the federal law.  This law established more penalties for identity theft and related offenses.

The act in addition to the in addition to the existing punishments includes two years of imprisonment for “knowingly transferring, possessing, or using, without lawful authority, a means of identification of another person” during and in relation to specified felony violations, and five years for using the stolen identity for “terrorist acts”, both domestic and international. The Department of Justice for investigation and prosecution will now be handling all credit card and other fraud-related cases.

Most states have their own laws for identity related thefts. The series of charges that range from fines to misdemeanors to varying classes of felony or any combination of these. However, compensation for any loss experienced by the victim has been the most common form of punishment.

The intensity of the punishment varies on the nature of the crime. If the nature of the crime is much more serious, then penalties can range anywhere from a $50,000 fine plus a maximum of five years in prison or a $100,000 fine plus a minimum of ten years in prison.
Penalties have been increased by 5 to 25 years maximum, for anyone stealing an identity, for committing a terrorist act, either international or domestic. Under Federal law, all identity theft penalties have been increased from 3 to 5 years. An increase in two years for anyone who commits aggravated identity theft, in order to commit other Federal felonies.

One way to prevent identity theft from happening is to be updated about finances and other personal information. Check your account balances regularly and read your bank statements thoroughly to make sure there isn’t anything suspicious. The only way to stop it from happening is to be aware of it.

Never delay in reporting an identity theft for any delay may pave way for the criminals to get away easily with it.  The earlier it is detected, the better your chances of recovering any losses and finding the person behind.

Contact the FTC (Federal Trade Commission) or FACTA , (Fair and Accurate Credit Transactions Act), which allows for free credit reports. Never give out any personal information and if doing so make sure that you know whom you are giving it out to.