Answers to today's legal questions through blogs and articles

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How is Spousal Support Determined?

Alimony
Money

Upon choosing to get a divorce, most couples will choose a NJ family law attorney to handle the entire legal proceeding. For individuals obtaining a divorce in New Jersey there are some clear cut calculations which are used to determine any child support that is to be paid. But it is not that simple to determine spousal support, or alimony. NJ alimony laws offer some very general guidelines for determining how much spousal support, alimony or divorce maintenance will be applicable in any particular case. But since the two are severing their financial ties by getting a divorce it can be a very difficult calculation.

What is Arbitration?

Legal Consult
Arbitration

Arbitration is a way to solve a dispute legally. An independent third party will determine the resolution to the dispute in a private setting. An arbitration hearing can use either a tribunal or an individual arbitrator. A tribunal is typically made up of several arbitrators. It is customary in most settings to have an odd number of tribunal members in order to avoid a tie. The parties who are involved in the dispute will hand their power to decide the dispute over to the arbitrator. Arbitration is just as binding and final as litigation and it is a valid alternative to going to court. It has been given the nickname the “business man’s method of resolving disputes.” However, the procedure is governed by both state and federal laws. Many states contain the provisions for Arbitration in their civil practice rules. This helps to provide a guideline for the procedures of Arbitration as well as how the arbitrator’s decision is to be handled. There are several states that have adopted the Uniform Arbitration Act while some states have laid out some very specific guidelines which govern arbitration.

What is Medical Malpractice?

 

Medical Malpractice
Medical Malpractice

Medical malpractice laws are in place so that a patient who is injured by the negligence or mistake by a doctor can receive monetary compensation. The term, medical malpractice, refers to negligence by health care professionals where the treatment that was administered was substandard or caused some form of harm including injury or death to a patient. Most of the time, these types of cases involve some type of error in diagnosis, medication dosage or health management. Sometimes the error occurs because there was a failure to act or an action was done in negligence. When a patient receives substandard treatment, medical malpractice laws provide a way for them to recover some compensation.

What is Dental Malpractice?

Dental Malpractice
Dental Malpractice

Even professionals retain their humanity which means that they are not beyond making an error; this includes dental professionals. But every mistake that is made by a dentist while treating a patient may not constitute dental malpractice. However, when a patient is injured through negligent conduct or substandard care by a dentist, oral surgeon or dental assistant, it is wise to consult with an attorney who handles cases of dental malpractice to see if they are entitled to compensation. In the typical case, there are certain rules that determine whether or not dental malpractice or negligence has occurred.

What Typically Constitutes Dental Malpractice?

A dental professional is required to provide patients with a level of care that is acceptable. This does not mean that they are required to be perfect; however, they are required to provide practical and prudent dentistry to their clientele. When a dentist fails to provide this high level of care and the patient ends up suffering an injury, the dentist might be required to compensate for the damages his negligence caused.

Laws that Govern the Internet

Internet Law
Internet Law

Most individuals spend multiple hours every day on the Internet. Some use it primarily for entertainment or socialization, while others use the World Wide Web for work purposes; and still others are eagerly pursuing an education or seeking valuable and reliable information. For the most part there is not always a lot of thought given to the fact that there are many different types of laws which are in place to govern the Internet and its use.

What is a Testamentary Trust?

Trust Planning
Trust Planning

There are many different types of trusts that are created for a wide variety of purposes. One of the most common trusts is a Testamentary Trust which is typically set up for a young child, a relative with a disability, or any other person who inherits a large sum of money upon the death of a testator. This type of trust is commonly contained in a will which provides how the estate or part of an estate is to be distributed. Sometimes it is preceded and enacted by a life insurance policy that was held by the person who is establishing the trust. Sometimes there is more than just one testamentary trust set up with one will. Many times this type of trust is set up when there are large amounts of money that are to be distributed to minor children or young adults. The trust will be set up so that the child(ren) have someone else who will be responsible for handling the money until the child becomes mature enough to handle it responsibly.

What is a Trust?

Living Trust
Living Trust

Many people do not have a good understanding of what a trust is; or how it is different from a will. There are many different types of trusts but the main purpose and benefit of having a trust is to keep a person’s estate out of probate after they have died. The biggest difference between a trust and a will is that upon death the property will not enter probate.

Even with a will in place, property has to go through probate, the court system, to determine all the different legalities of the will and how the properties are being dispersed. During the process of probate a lot of the estate will be consumed by taxes and sometimes by attorneys. By creating a trust, you transfer property, assets, securities, bank accounts and real estate to someone you “trust” while you are still living and it will carry over when you die.

Lawyer agreement

What is Contingency?

There are different types of fees which are charged by legal professionals. Lawyers may charge a retainer fee or work on a contingency basis. Many lawyers charge flat fees for the various services they provide. Sometimes clients, such as large corporations, pay a retainer fee. This means that the lawyer is always available to answer questions or handle any legal matters should they arise.