Get help, advice and information on all your Legal issues. http://advice-and.info/Legal/california.htm Mon, 04 Aug 2008 15:37:09 GMT en California Labor Law comprised of statutes and regulations that govern employers and industries with respect to the labor and working conditions of their employees. Controversial Issues of California Labor Law Exempt and Non-exempt Employee The California Industrial Welfare Commission has classified employee into exempt and non-exempt employee. The classification depends on the level of responsibility given to the exempt employee or their status as a professional. Exempt status is not related to the employees job title or the salary he or she received. The following are considered exempt employees by the International Welfare Commission: Licensed professionals This includes doctors, lawyer, engineers and other professional. Managers whose principal work is to hire, fire or train and its work is not 50 related with other employee. Administrator who formulate policies in the business Outs ide salesperson A non-exempt employee is subject to all pay rules provided by the International Welfare Commission. It includes payment of overtime pay even if he is receiving a salary. Non-compete agreement in the Employment Contract Many companies, in order to protect their business or trade secrets, provide a non-compete agreement in their employment contract. This refers to a stipulation in the contract, which prohibit employee from engaging similar business from their previous employer. However, unlike any other states a non-compete agreement in the contract is illegal in California. This agreement is construed to include a stipulation, which prohibit a former employee from seeking employment in other companies offering the same service with his former employer. Wrongful Termination Generally, in California employment is at- will. This means that an employer can terminate the service of the employee with out any reasons as http://advice-and.info/Legal/92642_Divisive_Issues_Of_California_Labor_Law.html Sat, 02 Aug 2008 09:59:31 GMT No bar exam is easy. The California bar exam is no exception. More so than in any other jurisdiction in North America, however, the California exam is not only a test of mental stamina, but a test of physical and emotional endurance as well. Some applicants pass on their first attempt. Others take the exam several times before their names finally appear in the Daily Journal as successful applicants. If your name is on the list this time, congratulations! But if not, or if you are about to write the exam for the first time, read on. This article is written for you. This article will set out some study techniques that will help you do your best. Study Techniques 1. Study Answers to Previous Essay Exam Questions By far the most important tip for preparing for the California state bar exam is to study the model answers to previous exam questions. If you are taking a bar review course like BARBRI for example, focus on the essay workbook. By reading an essay question from past exams, for example, outlining wh at you think the answer should be, and then comparing your answer to the BARBRI materials - you get an excellent picture of what you know, and what you still need to learn. By writing out your answer, at least in point form, before referring to the BARBRI answer, you clarify where your memory of the law is still hazy and needs sharpening. You can use the summary answers as review notes. Highlight key words. These highlighted notes will be invaluable study aids the night before the exam. 2. Read the Materials, Attend Lectures and Do Assignments Your study patterns should follow a set formula. As best as you can, read the materials assigned before classes. Attend all the lectures or at least listen to the tapes of the ones you miss. Do the assignments. And write practice exams. Some of my wealthier friends signed up for extra bar preparation classes. This was a good idea and I benefited by listening to borrowed audio cassette tapes while driving to and from classes. 3. Employ Memory Devices Such as Acron http://advice-and.info/Legal/92056_The_California_Bar_Exam_Study_Techniques.html Sun, 27 Jul 2008 06:26:32 GMT Working in California may be a dream-come-true for many. Who would not be? It is one of the worlds progressive states. However, employment for some can also be a nightmare. Employment cases balloon specifically those cases on wrongful termination. If you have been fired or terminated from work without just or authorized cause, then you are wrongfully terminated. A wrongful termination case may appear to be easy and less complicated. Do not be trapped into this idea. On the contrary, it involves intricate provisions of law and processes. While some cases of termination are actionable, some are not. In short, it depends on the circumstances surrounding the case and applicable federal and state laws. Wrongful Termination Wrongful employment termination means severance from work for causes not included by law. It includes termination in violation of or caused by: federal and state anti-discrimination laws oral and written employment contract labor laws complaint for sexual harassment retaliation for an employee who has filed a complaint or claim against the employer Laws on wrongful termination vary on every state. The appreciation of the facts and circumstances of each case also differ. Like the laws of California on wrongful termination is different from that of New York or Alaska. Further, California courts have expanded the above definition to include termination by: refusing to do something illegal doing something which the California or federal law gives you the right to do complaining on work related matters complaining to a third party about your employer giving reasons that just do not feel right giving reasons used to cover up another reason Since individual facts and circumstances are considered in termination suits, it is important that an employee keep http://advice-and.info/Legal/91181_How_To_Substantiate_A_Claim_For_Wrongful_Termination_In_California.html Thu, 24 Jul 2008 07:00:45 GMT State benefits refer to any regular long-term payment from a government. This may be in the form of state pension, benefits for low income, children, careers, incapacity or sickness. Almost all states provide state benefits to its citizen. This is given to provide assistance to disabled and less fortunate. In California alone, an approximate of a thousand laws was enacted to provide state benefits to its citizen. The following are some of it: California CalWORKs This is a welfare program that gives cash aid and services to eligible needy California families. The program serves all 58 counties in the state. This is operated locally by county welfare departments. The family that applies and qualifies under this law receives on going assistance each month to help pay for housing, food and other necessary expenses. Requirements under this Law To qualify for this benefit program, you must be: Resident of the State of Calif ornia Pregnant or responsible for a child under 19 years old US national Citizen Legal alien Permanent resident Low or very low income Underemployed Unemployed or about to become unemployed Needy families may apply for this benefit at any office located in any county where they live. California Food Stamp Program California Food Stamps is a federally funded program that helps people buys the food they need for good health. Food stamps are only part of their food budget; they must spend some of their own cash to buy food enough for a month. Requirements to qualify under this Law In order to qualify under this law you must be a resident of the state of California and must fall into one of these two groups: With current bank balance under 2,001 With current bank balance under 3,001 who share their http://advice-and.info/Legal/90976_How_State_Benefits_Work_In_California.html Wed, 23 Jul 2008 05:55:21 GMT Have you been personally injured while in somebody elses premises or property with no fault of your own? Alternatively, have been slipped, tripped or had fallen in anyone property due to dangerous conditions on the premises. If you answered yes to the question, possibly, you have a claim from the premises owner or legal possessor who are negligent in taking care of their property. With these, you can seek refuge from the qualified personal injury attorney in California in your slip and fall claims. Statistics show that slip and falls are most common type of personal injury that occur more often within the California state, or in broader scope, in the entire country. The prevalent victims of this kind, is the sector of the old adult with the ages of over 65. In fact, slip and fall was one of the leading causes of nonfatal injuries with nearly 8 million people treated for fall-related injuries in a year. In the same note, nearly 20,000 people died from falls in a year. All these figures can be shown in the great amount of claims and cases represented by California personal injury lawyers that are heard and ventilated in courts. By then, it would be worthwhile to illuminate some important points respecting slip and falls, including its causes, legal remedy and attorney representation. Basic law about slip and falls Slip and falls is part of the tort law and deal with the concept of premise liability. On the other hand, it refers to situations where a person is injured by slipping and falling because of the dangerous condition of the property or premises. The law imposed on property owners the duty of care to see that their property is safe. This duty includes the insuring that the building has no structural defects, sufficiently lighted and free from weather related or hidden hazards. This duty also imposed on the property owner the duty to reduce problem areas caused by maintaining dangerous instrumentalities within the premises. On the other side, the injured victim also has the http://advice-and.info/Legal/88842_Seeking_Refuge_With_California_Pi_Attorney_In_Your_Slip_And_Fall_Claims.html Tue, 24 Jun 2008 15:05:51 GMT Any accident involving trucks can be devastating because of the very nature of these vehicles. At a speed of 80 mph, the impact between the truck and the other vehicle can be huge. When it comes to determining liability, there are a number of individuals who can be blamed for whatever injury that will be sustained. Let us find out who are the persons likely to be made responsible for personal injuries or deaths to the innocent victims. The Driver The most likely person to take the responsibility for any injury is none other than the driver. At the very least, heshe will be included in the list of defendants whenever a lawsuit will be pursued by the victims of the accident. This is because the truck driver is the one to have caused the injury. Some of the vital facts that will determine the liability of the driver in your case may include the following: If the driver was working for a major trucking firm If the driver was driving hisher private truck If the driver was employed by a ma jor hauling company but as a separate contractor The three instances mentioned above could spell the difference in determining liability for the injuries you sustained. The Trucking Firm Another entity that could be held liable for injuries or deaths is the firm where the truck driver is employed. This will only hold true if the driver is using the truck owned by the company at the time of the accident. In this instance, the truck driver and the truck owner may be held liable for damages in the accident. To establish liability of the driver and the vehicle owner in a truck accident, the following elements must be present: Negligence or fault must be determined The culprit or tortfeasor must be identified The issues of the case must be well documented In reality, it all boils down to truck accident insurance. Depending on who will be blamed for the accident, either a victim will be covered by the drivers or the companys health insurance plan. Again, the awarding of the insurance ne http://advice-and.info/Legal/88115_Truck_Accident_Attorneys_In_California_Help_Determine_Liability.html Thu, 12 Jun 2008 11:44:51 GMT California ranks among the ten largest economies in the world. Expectedly, with the rise of its economy comes the increase in its employment opportunities. In a place where employment opportunities are vast, it is inevitable that employment disputes or suits will ensue. When this happens, there are California employment lawyers who are competent and expert in handling employment claims or cases. Significance of Hiring an Employment Lawyer The complexities of employment and labor laws are indisputable. Several laws including state statutes, administrative regulations and judicial decisions make up these laws. Almost all these laws including minimum wage regulations have been enacted to protect the labor force. Other employment laws, such as unemployment compensation, take the form of public insurance. These and more are difficult for an ordinary person to understand. It will take an employment lawyer to enlighten himher of what the law means. How to Select an Employment Lawyer Choosin g a lawyer whom to employ is not easy as choosing your food in the menu. It involves difficult and strategic process. You can determine by consulting a lawyer alone if he or she suits your legal needs. You can search the web, ask for referrals or consult friends or family to find one whose skills are already tested by experience. Bear in mind that while all lawyers are licensed to practice law in California, not all of them focus in the field of employment law. They too like doctors tend to specialize. Having that in mind, choose someone who has gained the knowledge and experience in handling labor cases. Usually, those who are good have established good reputation in the community. Below are areas of employment which non-employment lawyers may not have enough expertise on: Employment Discrimination Unemployment Compensation Pensions Worker's Compensation Collective Bargaining Agreement Workplace Safety How to Handle Employment Disputes Employment disputes may not http://advice-and.info/Legal/88001_Tackling_Employment_Issues_In_California.html Tue, 10 Jun 2008 19:14:53 GMT Do you have a personal injury case? Alternatively, would you like to know if you have one? Would you like to know if you are entitled to compensation for your injury? There is no need to worry, many personal injury legal service providers in California, which are readily available to provide their legal assistance. They are always on stand by to respond to the needs of the injured victims. It is quite common in California, or in any other states for that matter, that personal injury claims and lawsuits are filed in courts. These claims or lawsuits may have come from varied sources, whether resulting from intentional misdealing or negligence. Yet, they all require brilliant minds and legal assistance of personal injury attorneys. In California, there are huge numbers of personal injury legal services providers that lucratively operated in this area. These legal services providers handle a variety of personal injury claims for clients in the whole state including its major cities. Specifically, the y handle personal injury claims inclusive of these areas: Vehicle Accidents Brain Injury Claim Wrongful Death Claim Premise Liability Claim Animal Attack Product Liability Claim Slip and Fall Injury General Negligence Medical Malpractice Claim Spinal Cord Injury Construction Liability Injuries suffered because of the aforementioned kinds of personal injuries can affect severely not only your physical being but also other aspects of your life. These are life-altering events that block your way to attain a fruitful and productive living. Thanks for the advocacy of most California personal injury legal services providers. With their reliability, it is not impossible for the injured victims to achieve their much-deserved compensation and get their lives back in order. These personal injury law firms and solo practitioners in California give sufficient legal assistance to victims of injuries of varied sorts and kinds. They help them obtain compensation and damages for http://advice-and.info/Legal/87576_Injury_Legal_Services_Providers_In_California.html Thu, 05 Jun 2008 21:54:02 GMT At the on set, an employment issue may be easy to handle and resolve. As the process goes on, you will come to a realization that you cannot do it by yourself especially when the issue involves termination. If you have been wrongfully terminated, it will be an unwise idea to deal with your employer alone and agree on something without any legal aid. http://advice-and.info/Legal/87243_Law_On_Wrongful_Termination_In_California.html Thu, 05 Jun 2008 21:54:12 GMT For an average individual, cases that go through the process of litigation before a court is too complicated to be understood. There are even times when a case would involve other legal issues as the hearing proceeds. If you are concerned with how the trial is proceeding, because of your ties or close friendship with the client, you must consult experienced trial lawyers in California. They are highly qualified to provide assistance in learning the complexities of a trial. The Role of Trial Lawyers Whether their client is a plaintiff or defendant, litigation attorneys have been hired to represent them during trial. Their main duty is to research, collate, and present evidence that are favorable to the interests of their clients. Likewise, they have the skill and proficiency to present evidence to counter the claims that will be made by their opponent. Most lawyers residing in major cities such as Los Angeles specializes in litigation cases. Some venture into other fields of the legal system such as corporate and employment law. http://advice-and.info/Legal/86893_What_You_Need_To_Know_About_Trial_Lawyers_In_California.html Thu, 22 May 2008 20:58:47 GMT Riding bicycles provides health and leisure to both hobbyists and health buffs. It can be an excellent substitute to motorized means of transportation. Unfortunately, bikers are not spared from the bulk of accident-related deaths and injuries. In the United States, close to 900 bicycle-related deaths and 500,000 bicycle-related injuries undergo treatment annually. The streets of California are bustling with automobiles and other vehicles, which share the road and responsibility for maintaining safety as well as for following traffic rules. Here are some helpful tips on how to enjoy riding your bicycle without getting involved in accidents. Bicycle Safety Tips To ensure a safe bicycle ride, try to understand about road positions. Biking on the wrong side of the road is the main reason for bikes crashing into automobiles. Always protect yourself with a good bicycle helmet. It minimizes your chances of getting a head injury by 85 percent at the time of impact. Children should always be accompanied by adults whenever they ride a bike. http://advice-and.info/Legal/86255_On_Bike_Accidents_And_Crash_Lawyers_In_California.html Thu, 08 May 2008 11:59:42 GMT Social security disability (SSD) benefits are designed for those who are unfit to work or at least temporarily unemployed. The criteria for granting benefits are often based on ones disability or condition. To entitle one to receive these benefits, the Social Security Administration has created guidelines to determine who are capable of receiving benefits. http://advice-and.info/Legal/85894_Guidelines_On_Determining_Qualifications_For_California_Social_Security_Disability_Benefits.html Sat, 03 May 2008 12:18:35 GMT In California, filing a lawsuit requires a lot of thinking and consideration. Weigh your reasons why you want to charge. Is it valid? Do you have a reasonable cause to take legal action? What are your intentions for pursuing the suit? Is it because of money or is it to seek revenge? Do you want to obtain justice? While you may have several good reasons to file for a lawsuit, you must first understand the consequences of pursuing a legal action. Litigation may take a long period, consume substantial amount of money, and may entail disappointment, hardships, and frustration. There is no assurance that you will be successful if you decide to go into court. http://advice-and.info/Legal/85622_Preparation_Is_The_Key_To_Success_In_California_Litigation.html Sun, 27 Apr 2008 01:39:17 GMT Personal injury cases in California are likely the same as in any other jurisdictions. A large number of injury causing accidents occurs anywhere within the region of California. These scenarios happen for varied reasons, whether accidental, negligence, intentional torts or felonies. http://advice-and.info/Legal/85343_Personal_Injury_Lawyers_California.html Tue, 22 Apr 2008 21:31:11 GMT