Child labor laws in America

Mar 23, 17 Child labor laws in America

Posted by in Legal Consultation

The child labor laws in American have come into effect to prevent dangerous and exploitative conditions that are faced by children in the 19th and 20th century. The majority of American child labor laws are found in the Fair Labor Standards Act. Under the Fair Labor Standards Act, children under the age of 12, cannot be hired for non-agricultural jobs, except under certain extraordinary circumstances (like child actors). However, children under the age of 12, can be hired for agricultural employment for unlimited hours, if parental consent is provided. Children between the ages of 12-16 can work in certain jobs for limited hours per day. Children between the ages of 16-18 can work for unlimited hours in nonhazardous occupations. However, these laws can vary from state to state. Although child labor is regulated in the US, there are still concerns that underage children are forced to work. Statistics show that children in agricultural professions do not complete high school, are exposed to dangerous pesticides and can experience hazards that are fatal. The other concern for watch groups are child actors, whose earnings are controlled by their parents. Circumstances such as these can lead to disputes when the parents decide to divorce. A company or an individual should always consult an attorney if they are considering hiring a child worker. To locate a list of attorneys in your area, visit a reputed law firm’s website for further...

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Sports Injury Laws

Nov 03, 16 Sports Injury Laws

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Injuries when actively engaging in sports is common and can include minor, accidental injuries such as sprains, twists, and the occasional bone break. However, if an injury occurs due to someone else’s deliberate hit or recklessness it is advisable to hold that person accountable, mainly because a major injury can adversely affect your career or your hobby. In some cases, referees can be held responsible, because they have asked a player to perform in a certain manner that has resulted in an injury. Other cases involve the spectators, governing bodies, local authorities, schools and the organizers of a sporting event, or a manufacturer or supplier of defective or dangerous sporting goods. Sports injury lawsuits often include common injuries such as concussions, brain and nervous system damage and sometimes deaths. These cases will claim damages in the form of personal injury claims. In most cases, negligence is to blame, while some include intentional injury. To show that a person has been negligent, the victim’s lawyer will have to prove that the defendant had the duty of care to protect the lawyers client from harm and that this breach resulted in harm. If you or someone you know feels that their injury was due to someone else’s fault, it is best to seek advice from a law firm that is experienced in handling sports injury lawsuits. In most cases, lawyer will request all documentation including medical bills that have been paid, prior to taking on your case....

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What is summary probation?

Oct 02, 16 What is summary probation?

Posted by in Legal Consultation

This type of probation, which is often sentenced after an informal or misdemeanor probation. This places the offender under the supervision of the court and not the probation department. This sort of probation is designed for first-time or juvenile offenders. In some cases, jail time is possible, but will often be limited to the minimum sentence for the crime. The court issues this type of sentencing to give the offender a chance to rehabilitate him or herself, while being under the supervision of the court. Eligibility – Summary probation is given to first time offenders who are mostly juveniles. These offenders are considered low risk and safe to be part of society. Low-level felonies that qualify for a summary probation include some alcohol and drug-related offenses, theft, and fraud. Misdemeanors that may warrant a summary probation include shoplifting, disturbing the peace, and traffic offenses. Terms of summary probation – The terms of this probation will last from 1 month to 5 years. In most cases it will involve paying restitution to the victim, mandatory attendance at group or individual drug and alcohol classes, abstaining from drugs and alcohol, having gainful employment and/or attending school, performing community service, and paying fines. Check ins – The offender will not have to check in with their parole officer and will have to check in with a judge on regular intervals. At these meetings the judge will review the offender’s case and ask questions about progress....

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Teenage drunk driving laws and consequences

Sep 03, 16 Teenage drunk driving laws and consequences

Posted by in Legal Consultation

There are over 3000 teenagers that die every year in drunk driving accidents. These figures are higher for drivers between 16-20 years than for adults over 21. These rates are mainly due to the fact that teenagers tend to take more risks. The law has zero tolerance for teenage drunk driving injuries and deaths. If a minor under the age of 21 is found to be driving with a negligible percentage of alcohol in their blood, they will be arrested for a DUI immediately. Most states have laws that set their zero tolerance at 0.02, while laws for adults are at 0.08. Consequences of teenage DUI convictions Charges – In most states, first-time offenders will be charged with underage drinking and a DUI. They can also be charged for violation of Child Endangerment Laws, minor in possession of alcohol, possession of an altered or fictitious ID card, soliciting alcohol from an adult and distributing alcohol to other minors. Punishments for teenagers that are found guilty of a DUI – The charges will be classed as a class one misdemeanor. This means that these charges will remain on the teenager’s record, even after he/she is an adult. The teenager will also have their license suspendered for up to 2 years. Jail time and other penalties for teen DUI – In some cases the teenager can face up to one year or more of jail time. This is especially the case for teenagers who are not first-time offenders. They could also be offered probation from 3-5...

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How to change your name in your state

Aug 20, 16 How to change your name in your state

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A name change can be quite straightforward and will involve filling out some forms and paying a small fee. After your application has been processed, you will have to attend a hearing and publish your name change in the local newspaper for a set number of days. After which the court judgment can be used to change the name on all your legal documents. Here are the steps involved in a name change. Start by researching the process of a name change to your specific state. Most name changes are similar, but there may be slight differences from state to state. Obtain the correct name change form from your local courthouse. The forms available for a name change are; A marriage license form, divorce form, adoption form, and basic name change form. Most forms will require you to pay a fee at the courthouse. Check if your state requires you to publish your name change. These details will be available on your form. After your form is submitted, you will have approximately 90 days to change your name on all legal and personal information. To change your name on documents, you will have to bring the name change document with you for verification. Start by changing your name on your driver’s license, passport, Social Security card and bank accounts. You can then proceed to change your name at the post office, utility companies, service companies, employer’s records and any mail order subscriptions....

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Domestic Violence Restraining Orders

Aug 19, 16 Domestic Violence Restraining Orders

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A domestic violence restraining order is an order issued by the court to prevent a party from being domestically abused. These orders will be issued by the court, if the court feels that the victim has been physically, sexually or emotionally abused. Most often a judge will provide retraining orders to a victim of domestic violence after criminal or civil proceedings. After a restraining order is issued, if the abuser violates this, he will face criminal charges. The process for obtaining a Domestic Violence Restraining Order The victim should bring with them supporting documentation. This could include police reports, photographs of any injuries, medical reports, any copies of any threatening emails or notes, tapes of phone calls or voicemail messages, etc. If the judge believes that the victim is in danger, the judge will issue a temporary restraining order. A copy of which must be with the victim at all times and a copy should be filed at the victim’s local police department. The abuser will also be served with a copy, with orders to appear before the judge to respond to the allegations. In some instances, the sheriff’s office is responsible for serving the abuser. While in others, the victim is responsible for hiring a person to serve the abuser. On the hearing date, both the victim and the abuser have to be present and can be accompanied by their own lawyers. The victim should produce all documentation relating to the violence and produce witnesses if possible. The judge will then decide if the restraining order should be lifted or...

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