Latest "Law" Articles
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Separation of powers takes place between different parts of government
Madison in the Federalist Papers described Montesquieu as "the oracle who is always consulted and cited on this subject." Madison described the principle as: "The accumulation of all powers, legislative, executive and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny."
Separation of powers is a philosophy in which each branch has its own powers. (...)
Things to look for in an attorney before hiring him or her
(...) In an hourly fee arrangement, the client pays the lawyer an hourly rate. Lawyers' prices vary quite dramatically geographically. For less complex legal matters an attorney and client can work out a flat-fee arrangement. (...)
Public defenders are not inferior to private attorneys
(...) Sometimes these attorneys are called trial attorneys, because they have jury trials. Many attorneys work in areas of practice where litigation does not occur that frequently.
These attorneys negotiate deals, file motions and do other work that does not require frequent courtroom appearances. (...)
Difference between criminal law and civil law and the basic types of crimes
(...) Hudson is a hypothetical civil case in which the party named Jones sues the party named Hudson. Criminal law cases are governed by rules of criminal procedure, while civil law cases are governed by the rules of civil procedure.
Perhaps the most important difference between criminal and civil law concerns the different burdens of proof. (...)
Facts about the US Constitution you might want to know
(...) In other words, a common legal claim asserted by a party challenging a law is that the law is unconstitutional. This means that the law violates a provision of the Constitution and is unenforceable.
What does the U. (...)
For a new law to be passed a bill must be introduced
(...) " followed by a number.
Any member of Congress (the House or Senate) can introduce a bill when the body is in session. The bill must then pass both Houses of Congress in identical form. (...)
Things to know if you want to become a lawyer
(...) It provides law school accreditation (approval), provides continuing legal education services, programs to assist lawyers and judges in their work and a variety of other legal services.
The ABA's stated mission is "to serve equally our members, our profession and the public by defending liberty and delivering justice as the national representative of the legal profession."
Can all law school graduates take the bar exam?
Most law school graduates take the bar exam, but there are exceptions. (...)
Lawyers in America have different kinds of jobs
(...) Public interest law firms usually have a different agenda.
There are many public interest law firms that defend civil liberties, advance guns-rights and libertarian points of view, advocate on behalf of religious causes, and defend certain types of cases. Some well known public interest law firms include: National Legal Aid and Defenders Association, Alliance Defense Fund, Legal Services Corporation, American Civil Liberties Union, National Center on Poverty Law, Public Justice, the Rutherford Institute, and the American Center for Law and Justice. (...)
Legal requirements to start a lawsuit
(...) The defendant must admit, deny, or respond that he or she does not have sufficient knowledge to answer the allegation.
Many times defendants will admit basic information in a complaint like the parties' names, the court's jurisdiction (sometimes) and a few of the underlying facts (such as plaintiff worked for the defendant) but deny the substance of the allegations and the legal claims.
What types of relief do plaintiffs seek?
Most lawsuits seek some type of monetary relief or damages. (...)
Rights to a preliminary hearing in state court
What does a defense attorney hope to accomplish at a preliminary hearing?
In some cases, the defense attorney may hope to dismiss the case altogether by showing that the prosecution does not have probable cause to believe that the defendant committed the crime. In other words, sometimes the goal for the defense at the preliminary hearing is victory - getting the charges dismissed by a judge.
Other times, however, the defense might use the preliminary hearing to see what types of witnesses and/or evidence the prosecution has. (...)
Purpose of insurance coverage exclusion for owned or rented property
(...) This is a type of loss that is within the normal expectations of liability coverage arising out of your use of an automobile - you hit something and damage it, creating liability that your insurance should cover.
Bodily injury to insured's employees
This exclusion is comparable to that contained in the homeowners policies. It precludes coverage for bodily injury to employees of the insured that occur within the course of employment. (...)
Provisions applicable specifically to auto liability coverages
Rather, additional coverage for that loss of consortium claim is limited to the statutory financial responsibility limits that apply in that state (which, depending on the state in question, can be as low as $15,000 per accident).
Out of state car insurance coverage
This is a necessary provision in light of the fact that cars and trucks are by definition mobile, creating the risk of injury or damage to others when cars or trucks are used outside the state of the insured's residence. This condition recognizes that the various states' laws as to minimum statutory financial responsibility limits vary, and provides that the policy will conform to the requirements of applicable laws, regardless of the state in which an accident occurs. (...)
Rented and borrowed vehicles and car insurance exclusions
(...) This exclusion's applicability will be highly dependent on the facts of a given claim.
Given the dual purposes of the average insured's use of vehicles, this exclusion is actually fairly limited in its scope. Recall, business is broadly defined as any trade, profession, or occupation. (...)
Additional coverages included by car insurance policies
(...) Higher daily limits and higher per-loss maximum limits are available from most insurers for nominal additional premiums. You merely need to ask what limits your insurer offers, learn how much the insurer charges, and make your own decision.
This coverage is not coverage for transportation expenses incurred because of breakdown of your vehicle. (...)
Right to recover payment after a loss or accident
For most persons, it is more important to recognize where coverage will not apply. First, coverage does not apply in Mexico. You need to purchase a separate policy if you wish to drive into and in Mexico. (...)
Choose the best life insurance after comparing some offers
(...) The application includes detailed questions about your medical history. The application states that the insurer is relying on the representations in the application in making its decision whether to issue a policy to you and in determining the amount of premium to charge. The application normally is incorporated into the policy. (...)
Credit card issuers and mortgage lenders also market credit life insurance
(...) Disability coverage can have a lot of variables. First, most disability policies have a waiting period (often referred to as an elimination period) after the disability commences before the insured can start collecting benefits. Common waiting periods are thirty, sixty, ninety, and 180 days. (...)
Car insurance coverage exclusion for bodily injury to the insured
(...) The fee is calculated on the basis of the gross amount of a settlement or judgment, regardless of any contractual indemnity or reimbursement obligations the insured may have under a health insurance plan.
Thus, if an insured retains an attorney after an accident on a contingent fee basis, the fee does not include costs or liens that a health insurer or workers compensation insurer may have against the ultimate recovery. After the attorney’s fee is deducted and costs are paid, the insured could find him- or herself in the position of owing money to reimburse a workers compensation or health insurer and have no net recovery from the personal injury suit. (...)
Car business insurance and coverage exposures
(...) This exclusion precludes coverage for maintenance or use of any vehicle while the insured is employed or otherwise engaged in any business that is not one of the auto-related businesses described in the previous exclusion. However, this exclusion precludes coverage for your maintenance or use of an employer-provided vehicle while used for business or employment activities. For example, if you company-provided car is in the shop, your employer's commercial auto coverage should apply to a rental. (...)
Auto medical payments coverage is subject to a number of exclusions
Use of Vehicle as Residence or Premises Exclusion
This medical payments exclusion precludes coverage for bodily injury to an insured sustained while occupying any vehicle located for use as a residence or premises. The intent of this exclusion is to apply, for example, when a motor home or trailer is being used as a primary residence or an office or business premises.
When the primary or exclusive use of such a vehicle is as a residence or premises, it is more properly the subject of a variant of homeowners policy whose medical payments coverage should apply in such circumstances. (...)
Insurance policies cover risks of loss arising from daily life
Finally, when services are provided to an insured by a government entity as part of that individual's employment, it is simply improper for other policyholders of that insurer to foot the bill through their insurance premiums when they are already footing the bill for those medical services as taxpayers.
Racing Competition Exclusion
The ISO personal auto policy auto medical payments coverage excludes bodily injury losses while an insured is occupying any vehicle located in a facility designed for racing.
This exclusion, when read fairly, is pretty limited. (...)
Duties after an accident or loss applicable to car insurance coverages
(...) This is because one of the preconditions to recovery of uninsured motorist or underinsured motorist benefits by the insured is proof that the uninsured motorist or underinsured motorist is legally liable to the insured for damages.
The fourth and final paragraph of the insured's duties after accident or loss applies to the physical damage coverage. The insured must take reasonable steps after loss to protect a covered vehicle and its equipment from further loss. (...)
Life insurance facts you should know before choosing an insurance plan
For example, the Los Angeles Times has for decades offered to its subscribers the opportunity to participate in a low cost, group accidental death life insurance program. Available limits are relatively high and annual premiums are very low. Coverages are somewhat more restrictive than individually owned life insurance policies. (...)
Variations of a whole life insurance policy
(...) These are like mutual funds in the sense that they involve different balances between stocks and bonds or other market sectors, but are usually not publicly traded.
Because of these aspects of variable life policies, the cash value account is subject to the general market conditions and the risk of decline in investment value, as well as gains. So, while variable life policies create the potential for greater cash value accumulation than standard whole life policies, they also include a risk of investment loss not presented by standard whole life policies. (...)
Life insurance policy provisions and clauses explained
(...) The current suicide clause is the product of research that indicates that the great majority of cases in which an insured has committed suicide in order to make life insurance proceeds available to a beneficiary or creditors have occurred within a short time after the policy has been taken out.
Generally, there is a presumption against suicide. Since the suicide clause is in the nature of a policy exclusion, the insurer would bear the burden of proof that the insured's death was the result of suicide. (...)
Contractual liability and owned property exclusions apply to liability coverage
(...) It precludes coverage for property owned by an insured and applies to costs and expenses incurred by an insured or others to repair, replace, enhance, restore, or maintain such property to prevent bodily injury or property damage to others, whether on or off premises. The purpose of this exclusion is to limit the coverage applicable to an insured's own property to that which is afforded by the first-party property coverages of a homeowners policy.
The rental property exclusion applies only to the liability coverage and precludes coverage for property damage to property rented to, occupied by, used by, or in the care of an insured. (...)
Facts about personal injury liability coverage exclusions
This exclusion precludes coverage for personal injury arising out of the oral or written publication of material whose first publication takes place before the policy. The prior publication exclusion is another one that applies to the defamation offenses and privacy violation offenses.
It recognizes that the same defamatory material or material that invades a person's right of privacy may be published several times. (...)
Duties that apply to the insured in case of an occurrence
(...) The rationale for this latter position is that by denying coverage on other grounds, the insurer has shown that timely notice would not have made a difference in its coverage position.
This duty requires the insured to cooperate with the insurer in the investigation, settlement, or defense of any claim or suit. This can mean a host of things, depending on the circumstances of a particular case. (...)
Liability policies include the provision of bankruptcy of the insured
This condition states the policy's coverage applies only to bodily injury or property damage that occurs during the policy period. Under the personal injury coverage endorsement, this condition is deleted as to the personal injury coverage. This is because the trigger of personal injury coverage is the insured's commission of a personal injury offense during the policy period. (...)
Insurance coverages have various conditions that apply to them
(...) This is not a gamble you want to take. Pay your premiums and pay them timely.
The ISO HO 3 homeowners policy's nonrenewal condition provides that the insurer may decide not to renew coverage on expiration of the policy. (...)
Structure of the standard personal car insurance policy
(...) These are then followed by the general provisions and exclusions, with provisions relating to cancellation and renewal, the insured's duties in case of accident or loss, and the safe driver insurance plan provisions.
Before discussing the actual provisions of auto policies, the concepts of insurable interest and insured capacity, as they relate to the coverages afforded by auto policies, should be discussed. As with homeowners policies, the concept of insurable interest relates to the coverages for physical damage to your auto. (...)
Concepts of the personal car insurance policy are very complex
(...) An almost universal rule, however, is the rule that states that the policy in which an insured vehicle is specifically rated or described always applies to the loss first.
The next category of covered autos includes private passenger autos, pickup trucks, or vans that have gross vehicle weights of less than 10,000 pounds. This provision has many qualifications. (...)
Business exclusion to liability coverage of homeowner policy
Third, providing home day care services for which the insured receives no compensation other than mutual exchange of such services from others is not deemed a business.
Fourth, the definition of business does not include providing home day care services to a relative of an insured.
The business exclusion itself provides that the liability and medical payments coverages do not apply to bodily injury or property damage arising out of or in connection with a business conducted from an insured location or engaged in by an insured. (...)
Medical payment coverage similar to exclusions that apply to liability coverage
This exclusion provides that the medical payments coverage does not apply to any person who regularly resides on any part of any insured location, except for residence employees.
Exclusions applicable to the liability and medical payments coverages do not vary widely from insurer to insurer. Some insurers include exclusions for punitive or exemplary damages. (...)
Insurance exclusions you need to know about
(...) This exclusion is included in the personal injury endorsement because common theories of liability asserted in pollution lawsuits by adjoining or nearby landowners or by governmental bodies include nuisance and trespass. These claims can at times fall into the wrongful entry group of personal injury offenses, depending on how those defenses are defined.
Pollution Remediation Expense
This precludes personal injury coverage for the costs arising out of requests, demands, or orders that an insured test for, monitor, clean up, remove, contain, treat, detoxify, neutralize, or in any way respond to or assess the effects of the pollutants. (...)
Liability coverage limit and severability of insurance
(...) The severability of insurance provision mandates that the insurer evaluate coverage separately for each of the insureds who are sued.
There may be conflicts of interest between the two defendant insureds that might require that each be represented by separate defense counsel. In short, this condition means that as to the liability coverage, the availability of liability coverage to an insured and duties owed by and to any insured are independent of the coverage available to and duties owed by and to any other insured. (...)
Medical payment coverage is actually a bodily injury coverage
Suits against us
This is actually a set of three conditions. The first condition provides that no action can be brought against the insurer unless there has been full compliance with the terms and conditions of the liability coverages. As with the similar property condition, this provision cannot prevent an insured from suing his or her insurer. (...)
Conditions that apply to all insurance coverages
(...) It limits the ability of either to claim there was an agreement to change policy terms without written evidence of the agreement.
This provision is not ironclad. Agents of an insurer (insurance agents, claim representatives, and attorneys employed by insurers) can and do bind the insurer to changes in the terms of policies. (...)
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