Law and Justice

Posts Tagged ‘Law’

Orange County CA personal injury Law office provides a great opportunity for people to seek compensation who are indulged in an accident. Most of the accidents are caused due to irresponsible drivers. The compensation usually includes all the charges which were include by the patient for his medication. Apart from this they can also include the hospitalization bills and the mental stress which the patient and their family members had to undergo. A well reputed attorney will help solve the case and provide the required compensation. There are many websites present over the Internet which provides complete information about different attorneys present in a locality.

Collecting data and going through the reviews provided by other patients will help you choose the best attorney among all. Orange County CA personal injury Law office now provides ample opportunity for people to seek compensation for the accident which they were indulged in. attorneys play a major role in winning the case and it is important that a patient choose the best in the field. Usually the fees charged by these attorneys are a particular amount of percentage from the compensation that has been seek.

Now that you have understood the importance of Orange County CA personal injury law office, it is time that you approach the office for solving your case. Make sure you have the right attorney in your side for solving the case and provide you the compensation. There are chances that you approach the person responsible for the accident to seek compensation outside the court. This depends on the negotiation that has been carried out between the patient, the person responsible and the attorney. Many people choose to proceed legally as it provides them a satisfaction as the court charges much higher amounts and other charges for causing accident.

There comes a time when couple just have to separate for good, a term described as divorcing. Different factors leads to divorce. It may be because one partner has turned out to be abusive, alcoholic or have health complications. Whatever the cases there are always laws governing such process. One such is family law office Orange County.

Like any other divorce cases, family law office Orange County provides an opportunity for each partner with an access for getting a divorce attorney. This is the person who is going to be responsible in handling legally divorce matters.

The process is not different from other court cases.  A complaint need to make formal accusation alleging the reason why he or she needs to get a divorce from his or her spouse. After getting that formal request, it should be presented by claimant’s attorney to the accused person. A claimant will not be allowed to present divorce papers directly to his or her spouse more so if they currently are legally separated,, whereby, one person has a restriction order forbidding one from accessing either physically or otherwise his or properties.

The person summoned by divorce papers should appear to family law offices accompanied by his or her lawyer on the stipulated date. If this will not be possible, it is wise to inform the court formally before hearing period. All parties have an option of presenting their needs in regards to who to remain in family house, who to take care of the children and stay with them. In most cases a party that opts to stay with the children remains to stay in the family house. The other party is given assigned dates and times of meeting the children. Family law office Orange County however, has both parties interest at heart and makes sure that each party walks out smiling.

Courts make determinations in law and in equity. By ‘in law’ is meant following a specific law – constitutional law, state law, etc. By ‘in equity’ is meant determining what is ‘fair’ to do where now law specifically rules. An example is determining how to distribute the assets in a divorce among the husband and wife.

Common law refers to the myriad of decisions made by judges and appeals courts. Maxims of Common Law are ‘guiding truths’. Adhering to them helps judges make fairer decisions. They’re ignored in family court determinations since fairness is a wholly secondary issue. This article overviews what these maxims are.

Maxims are absolutely essential to the preservation of rights and fair treatment to all litigants. Maxims:

* represent ‘self-evident’ truth – as mentioned in our Declaration of Independence when it referred to ‘all men’ as being created equal.

* serve to guide judicial determinations in the same way that ‘axioms’ guide the analysis of mathematical determinations

* promotes fair dealing and unbiased justice – a clearly essential issue in the purpose of courts

Courts, primarily established to enforce the principles of common law, are bound by common law rules of equity that should be grounded in the never-changing maxims. This grounding serves to restrain the court’s wanton discretion in equity law determinations.

Examples of Maxims:

Let’s take a look at some examples to see the nature of maxims -as self-evidently fair. Here’s an important one:

*The certainty of a thing arises only from making a thing certain.

This implies that the court should seek clear proof of allegations made against someone and not rule on just the allegations or weakly supported ones. Family court ignores these maxims all the time.

*The safety of the people cannot be judged but by the safety of every individual.

Laws which supposedly protect the safety of some people at the expense of other people’s rights violate this maxim. A clear example of such a violation is present day domestic restraining order laws which are rampantly and unjustly imposed upon so many fathers.

*Law is unjust where it is uncertain or vague in its meaning.

Laws should be clear so that one knows precisely when he’s breaking such a law. Remember the violation of laws brings consequences on those who violate them. Vague laws are considered unconstitutional. An example of vague standard of law is the ‘best interest of the child’ standard – used to unjustly deny fit fathers custody of their children.

*The Burden of Proof lies on him who asserts the fact -not on him who denies it.

This is based on the fact that you can’t prove a negative. Courts that force people to prove a negative are examples of kangaroo courts. Family courts jail fathers when they can’t prove that they don’t have money to pay!

*No one should be believed except upon his oath.

This simply means that anyone who will give testimony must be sworn in. That way he can be charged with perjury – which is a felony (a serious crime) – if he can be found to be intentionally lying. No ‘swearing in’ means no perjury and no penalty for lying.

*Perjured witnesses should be punished for perjury and for the crimes they falsely accuse against him.

This is the bottom line of enforcing honesty in court testimony. Unfortunately perjury is almost never punished -allowing the degradation of court integrity – so obvious in family court.

*Every home is a castle; though the winds of heaven blow through it, officers of the state cannot enter.

This is from English common law which made a man’s home sacrosanct. It should still be true. It requires officers to have warrants to enter a home. A warrant is permission from a judge based on good cause to enter a home.

*No man should profit by his own wrong or, He who does not have clean hands, cannot benefit from the law

This is self-evident. An extreme case is the child that pleads mercy because he’s an orphan – but only because he murdered his parents.

*He who uses his legal rights harms no one.

But, fathers are routinely punished by seeking their rights in family court.

*No one is punished unless for some wrong act or fault.

But forced into the noncustodial status for doing no wrong would be considered punishment by any reasonable person.

*It’s natural that he who bears the charge of a thing, should receive the profits.

If you have all the obligations for something but none of the benefits, then you are a slave.

Fathers who go to family court observe clear violations of these maxims all the time. Such violations mean that there is a tyranny taking place.

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