What is a brain injury?

What is a Brain Injury?

Brain injuries can be life altering events. They can lead have long-term effects like a loss of cognitive abilities or debilitating headaches. By definition, a brain injury is an injury to the brain that is not from illness or disease. In other words, a brain injury can be caused by a blow to the head or by non-traumatic experience, like a stroke. In order to sue for a brain injury, the injury must be caused by another person’s negligence. Proving negligence can be easier in the case of a traumatic brain injury, than a non traumatic brain injury.

Two Types of Brain Injuries

There are two types of brain injuries. Traumatic Brain injuries are a brain injury that is caused by a blow to the head. This can be the result of a car accident, fall, assault, or any other experience that causes you to hit your head.

A non traumatic brain injury is an injury to the brain that is suffered by something other than a blow to the head. This “something” can be lead poisoning, an electric shock, a stroke, a seizure, or anything of that matter. Both of these injuries can be caused by the negligence of another person or by the individual who suffered the injury.

Can I Sue for a Brain Injury

The simple answer is yes, you can sue for a traumatic brain injury or a non traumatic brain injury. The injury must be caused by the negligent or reckless behavior of an individual. For example, if you are driving and are hit by a drunk driver, causing your head to bang against the windshield, you may be entitled to compensation. The trauma of hitting your head caused the brain injury, which can lead to further issues down the road.

An example of a non traumatic brain injury is if you have a brain tumor that goes misdiagnosed or unnoticed by a medical professional. While you might have been able to regain full functionality if the tumor was removed, the medical professional was negligent causing the tumor to do further damage to your brain.    

Consider Contacting a Brain Injury Attorney

Both of these cases are considered personal injury lawsuits. If you have suffered a brain injury due to the negligence or reckless behavior of another individual, you should consult with an experienced brain injury attorney right away. You may be entitled to compensation for the medical expenses, lost wages, and other expenses you have suffered.

What Is Modus Operandi?

While watching your favorite crime drama on television such as CSI or Law & Order SVU, you might hear your favorite detectives tossing the phrase “M.O.” around. But what exactly does this mean?

Modus operandi is a Latin phrase which translated means “operation method”.  This phrase usually refers to a distinct pattern and/or a particular way of working for a criminal when they are committing a crime. Regardless of the crime, whether it be a burglary, sexual assault or even a white-collar crime like embezzling, the criminal performs the crime in a particular way.

This is not to be confused with a criminal’s “signature”. A signature is a personal mark or imprint after the crime is committed.  All crimes have a modus operandi, but not necessarily a signature because a signature is not required to commit a crime but rather serves as a psychological or emotional need for the criminal.

This is also different than the motive of the crime. The motive of a crime is the reason as to why the crime is being committed not the way in which it was perpetrated.

An M.O. can be something simple such as he preferred to shoot the victims with a gun to something very complex like Jeffrey Dahmer’s modus operandi:

  1. He would frequent gay bars waiting for the opportunity for a victim to appear
  2. He would get intoxicated
  3. He would invite an unsuspecting male back to his abode (for various reasons)
  4. Once at their apartment, he would mix a drink with sleeping pills which would make the victim unconscious in a half hour.
  5. He would begin having sex with the victim before and/or after they were unconscious
  6. Once drugged, he would strangle the victim causing their death
  7. Once dead, he would continue to have sex with the body in various ways
  8. He would take pictures of the dead body.
  9. He would dismember his victims (continuing to take pictures along the way)
  10. He would dissolve the body with acids and flush it down the toilet

Many police and detectives rely on the M.O. to help connect crimes that might at first glance appear to not related because their victims might be of different ages or in different geographical locations.

What Is Child Support?

By definition, child support is court-ordered payments, typically made by the non-custodial divorced parent, to support one’s minor child or children. In other words, child support is a payment made by the parent that has the minority custody of the child to the parent that has the majority custody of the child. The purpose of child support is to dampen the economic impact of a divorce. Child support is also used to improve the standard of living of the custodial household, which should improve the lives of the children. In order for child support to be ordered by a judge, the child must have a genetic relationship or be adopted by the parents receiving the divorce. Even if the child was financially dependent on a step-parent, the step-parent is not held responsible to pay child support in the event of a divorce, unless there is a legal adoption by that step-parent.

Who Pays Child Support?

Child support is a payment ordered by the court that is made from one parent of the child to the other parent. The parent that does not have sole or primary custody of the child will be ordered to make payments to the parent that is responsible for the child. Child support is put in place to maintain the upkeep and care of the child. It also takes a great deal of economic stress off of the parent that has sole or primary care of the child.

How is Child Support Determined?

There are a variety of factors that a judge will take into consideration when determining how much child support will be paid. Some factors are the number of children involved, the income of each parent, and the earning potential of each parent. If joint custody of the child is ordered, another factor will come into play. The amount of time the child spends with the non-custodial parent will play a role in determining how much child support will be ordered. This plays a role because, in theory, if the child is spending a lot of time with the non-custodial parent, they are already incurring expenses while they are spending time with the child.

What Does Child Support Cover?

Child support is intended to assist in the financial responsibility that comes along with having a child. It is not just for the child’s basic needs, but it is intended to be used for expenses like entertainment, medical, education, extracurricular activities and more. The guidelines for what child support should be used for vary greatly from state to state. Some of the general items ha child support is intended to cover are:

  • Basic Necessities: Food, clothing, shelter
  • Medical care
  • Uninsured medical expenses
  • Educational fees
  • Childcare
  • Transportation/Travel
  • Entertainment
  • Extracurricular activities
  • College expenses

When determining child support, the court will take into consideration the essential financial needs that are required to cover the child’s activities. In the event that a child’s needs change or there is a significant change in the parent’s situation, it may be necessary for a modification of the existing child support. Contact a child support lawyer in your area.               

What Is The Definition Of Probate?

There’s no wrong time to think about what should be done with your assets in the unfortunate event of your death, and doing so as soon as possible can relieve a great deal of the stress–and financial burden–thrust upon your family if the worst should happen. If you’ve already done this planning, then that’s great–but that’s not what probate is. So what exactly is probate, and how is it used to facilitate the transfer of wealth from person to person?

You might have heard of estate planning, which is essentially the aforementioned planning stage. It takes place before the worst happens, while the probate process takes place after. The process can be quick and painless over a few months, or it can be a gruelingly slow process that takes place over years. If estate planning has already been done, then chances are probate will be streamlined. If not, then your family is in for the long haul if they’d like to see your assets divided fairly among potential heirs.

There are a number of things you might want to know about the probate process for future reference. First and foremost, you’ll often hear all about the estate tax. It’s been in the news a lot in 2017 because a key part of the initial Republican tax reform plan was the axing of this tax. Most people who draw up a last will and testament need not worry about the estate tax. In order for this tax to be administered, your assets need to add up to over $5,450,000. If you’re married, the figure is doubled.

As part of the planning process, you will designate an executor. This person retains a responsibility to divide and transfer your assets in the way you intended. If you died without a plan in place, then these responsibilities instead fall to an administrator.

During the probate process, you may hear a number of words with which you’re unfamiliar. The “testator” is a term for the person whose will is to be executed. In the case that no will had been drafted by the deceased, that person died “intestate.”

If you’re studying up on these subjects, then you might often hear about a number of other practice areas that fall under this umbrella of the law. Tax law is a given. If you own a large estate, then tax law is an important subject to cover with your estate planning lawyer. Elder law governs how the needs of an estate and testator might change as clients age. If you hold assets in real estate, then these laws come into play as well.

If you’re an heir about to receive an inheritance, it’s essential you know these definitions. If you’re in the process of planning for the distribution of your own estate, then you will need to find an estate planning lawyer who is qualified to discuss these matters with you and the designated executor when the time comes. Estate planning and estate administration are technically separate practice areas within the law, but lawyers often practice both because of how fluent they’re required to be in both anyway.

What Does Quid Pro Quo Actually Mean?

It is likely that at some point you have heard someone say “quid pro quo” and wondered exactly what they are talking about. Sometimes it can be used to help settle negotiations and arguments while other times it can incite one. So, what is the big deal about?

Well, the term can be translated a couple of different ways. Essentially, it means this for that. It is part of a negotiation process that gives both sides of the issue what they want. Of course, those who are not friendly to negotiations don’t always accept this line of thinking and might even be offended that they are expected to provide anything in return. These are the instances where things go wrong.

However, for most people, it is a very reasonable expression that can apply to many different situations. If someone wants to borrow something from you, it might be your opportunity to ask for something in return that you have wanted a long time. For instance, you will go to the football game with your wife if she will attend the hockey game with you.

Of course, these are just some small personal examples. The concept is used on a much grander scale during business negotiations. For generations, it is part of the system that has helped nations, individuals, corporations and virtually every other type of groups to get along well.

Now that you understand a bit more about quid pro quo and what it means, you will better understand conversations around you. Remember that it always pays to expand your vocabulary and practice helps to set new words in your mind. Find a new way to use the term every day for a week, and you will set it in your memory to access the rest of your life.

What Does Sanction Mean?

If you’re paying attention to international news at all lately, you’re probably well aware of the growing conflict between the United States and North Korea – specifically their intercontinental ballistic missile program which rumors toward the possibility of implementing nuclear materials. Through all the discussions, however, you also may have heard of the word “sanctions,” and you may or may not necessarily be aware of what that word means or implies for the world stage.

Merriam-Webster lists quite a few meanings for the word. However, in terms of international relations, the term “sanction” means the following:

Sanction (n) – an economic or military coercive measure adopted usually by several nations in concert for forcing a nation violating international law to desist or yield to adjudication

Basically, it means a bunch of countries gang up on one or two other countries using political, economic or military pressure to try to convince them to stop doing bad stuff – kind of like what’s happening with the North Korea situation right now.

Particularly used these days are economic sanctions, which imposes restrictions on international commerce between the target country and whichever countries are involved with the sanctions in the first place. As an example, the United States has imposed (or encouraged through other entities such as China or the United Nations) economic sanctions on North Korea in an effort to dissuade them from continuing testing within their missile and nuclear programs. Some of the particulars involving these sanctions include:

  • United Nations’ complete ban on all major North Korean exports, including coal, iron, lead, and seafood
  • Restrictions on imports of oil and energy resources as well as textiles from China into North Korea

The general concern for the country in question is usually one of economic consequence that forces the country to reconsider the course of action they are taking for the sake of avoiding a collapse of their economy. In the case of North Korea, however, the economy doesn’t seem to suffer too badly at the moment – at least, not to the point of discouraging such behavior or effort put into these programs. As Justin Hastings writes, North Korea appears to have adapted to the economic pressure in a number of surprising ways.

Other types of sanctions besides those resorting to economic sanctions include diplomatic and military sanctions, which essentially are what they sound like. Diplomatic sanctions generally impose a lack of communication between world leaders or the governments in general through canceled visits by high-ranking officials or the expulsion of diplomatic staffing. Military sanctions, while possibly inclusive of actual military action, differentiate themselves from wars through tactical, precise military strikes to disable a country’s military capabilities rather than destabilize the nation as a whole and prime it for occupation or liberation, whichever the case may be. More often than not, however, military sanctions themselves are less cumbersome than actual military courses of action. They tend toward resolutions similar to that of economic sanctions in that they impose restrictions on arms and weapons to the country in question.

The whole purpose in general for effective sanctions is to come to a relatively peaceful resolution to issues that rule the international stage, even if by attempts that seem akin to intimidation tactics such as threatening one’s economy or military capabilities, or by establishing less-than-ideal relations with other countries. While this may be considered similar to a tactic such as “muscling the pot” in a one-sided poker game, it is generally seen as a favorable alternative to military action where countless lives could potentially be lost as a result, and it better exemplifies unity of opinion and policy on the world stage.

Written by Timothy Abeel

Bankruptcy And The Means Test

If your debts are larger than your assets and the stress of having the debt is interfering with your ability to enjoy your life, you might want to consider filing for bankruptcy. When you file for bankruptcy you can legally eliminate your debts and you can get on with your life again. Once you finish a means test you will know whether you qualify for a Chapter 7 or a Chapter 13 bankruptcy, according to cramplawfirm.com.

If your income is low enough, you can file for Chapter 7 bankruptcy which will wipe out all your debt and you won’t have to pay any of it back. If you have a large asset like a lot of equity in a house or a very expensive car, you might have to sell it if the value exceeds your bankruptcy exemption amount.

You get to keep a certain amount of assets and equity in a Chapter 7 bankruptcy and whatever exceeds the amount you can keep you have to sell. If you have a higher income and you have assets that you want to keep, you will want to file a Chapter 13 bankruptcy. With this type of bankruptcy you have to pay a portion of your debt back over a period of several years.

Once you file for bankruptcy, your debtors have to stop harassing you. If a creditor has filed a lawsuit against you, they cannot proceed with the lawsuit either. The means test is very important because if your income is more than the median income of the state you live in, the judge could dismiss your case which will put you back on the hook for all the debt you owe.

You might want to consider hiring a bankruptcy lawyer to make sure that you do everything right. If you try to fill out the paperwork yourself and make a mistake, you could end up delaying the process or you might have to start all over again. When your bankruptcy protection is lifted, the creditors can start calling you and threatening you again. Getting the paperwork done right the first time is crucial.

When you are planning on filing for bankruptcy, you have to start with the means test so you know what type of bankruptcy you are eligible for. Bankruptcy provides you with a legal way to start over and it makes sense if your debt is out of control.

Legal Definition Of Affidavit

Being in the legal system means the term “affidavit” is tossed around freely.

For those who are unaware, this may be a new term and something one may come across once or twice in his/her life. If that is the case, this is the ultimate read on what it means to see an affidavit and what it leads to legally.

Having this information is important to make sure you are on the right side of a legal matter and know how to respond when a situation such as this arises.

What Is An Affidavit?

Let’s begin with a simple legal definition of the term.

This is a written document with a list of facts that are approved by the “affiant” or person who is signing off on the document. This means the facts are under your name and a part of your perspective. This is not an opinion and should be cited as clear facts on the case.

The document states this is done voluntarily and you are not subjected to force or any other form of coercion when listing the facts.

This ensures the document can be used in the court of law as pertinent information (if necessary).

Who Takes The Affidavit?

The affidavit is taken by a public officer, which can include a court clerk, city recorder, county clerk, notary, or court commissioner. They are certified to complete the document and will have the authorization to push it forward as needed.

Each state has varying laws about what is allowed and what is not.

This is kept in mind by the public officer as the affidavit is pushed through. It’s important to note; the public officer is not permitted to take affidavits outside his/her jurisdiction.

Uses of Affidavits

In general, affidavits are seen in court proceedings but can also be used as a one-stop solution for larger groups in court cases.

An example of this would be a business that is under scrutiny. An affidavit is a way to get the word about all enlisted facts and sign off on them as a business. In some cases, affidavits are also seen being used in administrative proceedings, but this will vary from situation to situation.

This is an important document, and it is essential to receive legal assistance while pursuing such a document and having it penned on your behalf. It will have a significant role to play in court proceedings.

What Does Jurisdiction Mean?

I’m sure many of you have watched some sort of crime television show, considering how many there are. Law and Order, CSI, Blue Bloods, NCIS…the list goes on. And, of course, you’ve probably made note of some of the legal jargon they throw around in many of those shows. Words like, “incarceration” or “acquittal” or even my personal favorite, “exonerated.” Another important one is “jurisdiction,” and it’s important, not only because of how cool it sounds, but because of what it actually means to the modern day legal system.

Jurisdiction, at its base, actually has two rather significant meanings, both impacted by one key principle. One pertains directly to the authority for someone to hear a case and administer justice based on the findings of that case. Depending on the nature of the law or the crime that was committed, some cases might place jurisdiction in a state court while other cases would grant jurisdiction to a Federal court – based solely on the crime that was committed. However, jurisdiction can also refer to the geographical area in which a crime took place (also known as geographical or territorial jurisdiction), which can also be a determining factor in who might hear the relevant case. For example, it’s easy to assume that committing a crime in New York would not necessarily get you a court date or a trial in California. As much as it may have to do with logic applied to the situation, it is also due to who is granted jurisdiction in that particular situation. Both of these are due to the limits of legal authority granted to specific entities – their jurisdiction.

Jurisdiction is also predicated on the nature of the crime or transgression as it applies to what sort of relevant entity may hear the case and pass adequate sentence. For example, family and divorce courts obviously deal prominently in matters regarding custody or divorce proceedings, among other matters. However, you would never hear of a judge in a family court presiding over a criminal case that involved something along the lines of a homicide or sexual assault. This is due to jurisdiction being restricted from a family court setting and only feasible in a criminal court setting due to the sort of crime that was committed – also known as subject matter jurisdiction.

There are some unique cases involving a concept called “in personam” jurisdiction where, depending upon the circumstances of the case, courts can impose upon specific individuals to be sued or tried in settings and situations where said court wouldn’t normally have (most often territorial/geographical) jurisdiction. This most often occurs when a crime or a grievance takes place in one particular area of jurisdiction even though the defendant may be from or located in a completely different area with a completely different jurisdiction at the time that they are summoned to court. “In personam” or personal jurisdiction is a bit trickier to identify and requires many other factors to take place in order to determine if this sort of jurisdiction is applicable. However, having all three of these pieces (territorial, subject matter and personal) jurisdiction is important to determining a court’s right and ability to preside over a case. If even any one of these elements is missing, a court is legally unable to pass down a ruling upon a defendant.

Determining jurisdiction for police is much easier, depending on the sort of agency that an office of the law represents. Officers of a city police force have jurisdiction only within city limits. County sheriff’s deputies can enact authority anywhere throughout the county of their jurisdiction, excluding any activities that occur within city limits – they defer to local police officers. State troopers have authority to act anywhere throughout the state, though their ability to act with authority is limited within city limits or counties where jurisdiction would defer to other entities first.

What Is The Legal Definition of Acquittal?

Everyone has a basic idea of what the word “acquittal” means. If you’ve been acquitted of criminal charges, then you’re off the hook. Even though that’s the simplest explanation, not everything is so simple in the legal world, and a lawyer needs to know all the ins and outs and small details involved with every aspect of acquittal. So what is the more complicated, legal definition of the word? We asked out friends at Blischak Law: www.phoenixcriminaldefense.com

An acquittal can take place in a number of ways, depending on the specific case. While the laymen know that acquittal is when a judge or jury finds a defendant not guilty of the accused crimes. The defendant is therefore cleared of charges and cannot be tried again for those same charges in the future. This circumstance represents a factual acquittal.

A different type of more legalized acquittal may take place in certain instances. These occur when more than one person is tried with charges that relate to a single crime. For example, if an accused bank robber is acquitted of robbing the bank, then the accused accessory who was driving the getaway car would indirectly be acquitted of that charge. If no one robbed the bank as far as the law is concerned, then no one could commit a crime by driving the accused away. The law is fun, isn’t it?

These two scenarios together represent the legal definition of acquittal.

An acquittal is dependant on the “not guilty” verdict. Because such a verdict can relate to certain charges stemming from a specific crime, but not all, sometimes the acquittal is partial in nature. In essence, a “not guilty” verdict and an acquittal are the same. It should still be understood that judges have the overall say and can acquit a defendant even if there is no “not guilty” verdict connected to the case. Judges can also overturn the decision of a jury–although this is extremely rare. These scenarios generally play out when a judge finds there is not enough evidence to try a defendant of a crime. Sometimes the prosecution oversteps a boundary and the judge steps in.

One of the most important aspects of acquittal is that it means you’ve been freed from criminal charges related to a certain crime–but that’s it. Oddly enough, just because a jury or judge hasn’t been presented with enough evidence to find you guilty of a crime does not mean that a civil proceeding can’t find you guilty of that same crime. In other words, the burden of proof in a criminal court is wildly different from that of a civil court, and you might still find yourself in hot water if someone has the right to sue you for a boatload of cash. In some cases, criminal proceedings might as well be a dry run for inevitable civil proceedings.

Acquittal in both the laymen’s and legal sense is fairly simple, but when you’ve been accused of a crime you should always have a criminal defense attorney present to help you understand the legal jargon and the potential consequences of a plea or eventual verdict. This is the best way to a robust and fair defense.