Month: April 2019

What You Should Know About Child Custody Law In Nevada

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Child custody cases are difficult, expensive and emotional, both for clients and their lawyers. Child custody lawyers should be experienced enough, compassionate enough, and tough enough to either negotiate or litigate the easiest as well as the most complex in contentious custody cases that are pursued in Las Vegas, Nevada. Look for a law firm that has proven it can efficiently and aggressively handle these complex cases on behalf of their clients.

Child custody law in Nevada has undergone dramatic changes as a result of legislative and Nevada Supreme Court decisions.

*There is no longer a tender years doctrine. Mothers are no longer automatically preferred custodians, but have to prove their fitness just as fathers do.

*Nevada law has changed to favor joint legal and joint physical custody arrangements between parents, where the parents have an equal role in child rearing after divorce or separation.

*Non-custodial parents no longer have to settle for a simple every other weekend schedule. Parents are being required to alternate weeks, or divide the weeks equally, unless they can prove why joint physical custody is not in the best interest of their children.

*Las Vegas Child Custody lawyers have to be sharp enough to quickly analyze the given facts to advise their clients about whether to settle for joint physical custody or fight for primary custody. A recent Supreme Court decision has determined a parent having 40% of custody time qualifies as a joint physical custodian.

*Based upon the decision between primary custody and joint physical custody, parents have to deal with changing legal standards. And their decision impacts the amount child support, relocation issues, where the child attends school, tax deductions and other important parenting issues.

*Parents no longer have to have “equal time” to be considered joint physical custodians.

*Complex factors have to be presented to the Court to facilitate a wise decision to serve the best interest of the children, while not destroying the family.

For instance the “best interests of the child” standard is still the paramount consideration of the Court in Las Vegas Child Custody cases; but sometimes the best interests of the child conflict with a parent’s best interests. If the parents share legal and physical custody jointly, there is still child support to be paid by the parent who earns more than the other. The relocation to another state standards change based upon whether the parents share joint physical custody or whether the moving party has primary physical custody.

In Potter v. Potter the Nevada Supreme Court decided to make it extremely difficult for a joint physical custodian to relocate to another state without parental consent. With primary physical custody, a parent can more easily relocate.

Custody lawyers need to know how to advise clients and present custody cases to the Court to help their clients prevail. They should know the nuances in the law, and the individual preferences of the judges on how cases should be handled and presented.

Joint physical custody is easier to get, but it impacts child support and even school issues. Parents sharing physical custody who do not live in the same area of Las Vegas often cannot decide which school the child should attend.

The Nevada Supreme Court in the Rivero v. Rivero decision has further complicated the distinctions drawn between primary and joint physical custodians. Child custody lawyers unfamiliar with the nuances of these recent changes in the law can make litigating a family court case difficult for all parties involved.

Make sure your attorney emphasizes keeping clients informed, and cases are well prepared, so as to ensure the best chances of serving the children’s best interests, be it through settlement or litigation.

Sample Law School Personal Statements Getting into W&M Law, Cornell Law, and Columbia Law

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W&M (William & Mary) Law School in Virginia, Cornell Law School, and Columbia Law School in New York are institutions that have been well known to provide top-notch education in jurisprudence for future law practitioners. Many legislators and law practitioners have prided themselves in having their education from these schools, especially Supreme Court Justice Ruth Bader Ginsburg who studied both in Cornell and Columbia. If you want to apply for these schools, here is a primer on the eligibility, application process, and the requirements that you need to pass.

Eligibility

W&M Law has three programs offered. For those who want to apply for the JD program, a bachelors degree from an accredited college or university is required. For those who want to get into joint degree programs, a minimum requirement of a bachelors degree is also required. Those who want to get into the Ll.M program or those who want to expand their knowledge of American jurisprudence can then do so even if they have obtained their legal training outside of the US so long as TOEFL score requirements are met.

Cornell Law requires applicants to at least have earned a bachelors degree from a four-year course. Although graduate school grades and standing will not feature in the rankings, these may be reviewed by the panel. Foreign students need to submit their school transcripts through the LSAC J.D. Credential Assembly Service (CAS).

Columbia Law is a little bit more discriminating as it requires applicants to have had a bachelors degree in law. A bachelors degree in any other field, despite being followed by a Masters in Law, will still not suffice for eligibility. Those who have earned their law degrees through correspondence or in foreign law schools are also not accepted into Columbia Law.

Application process

The application process for W&M Law is as follows:

1) Complete an application form via the LSDAS Electronic application or through the schools website. 2) Submit an application fee. 3) Send your academic transcripts and letters of recommendations. 4) Send your essays and a TOEFL score if applicable.

For Cornell Law:

1) Submit a completed application form through the website or through LSAC. 2) Pass two letters of recommendations, a personal statement essay, and an optional diversity essay. 3) Submit an application fee.

To get into Columbia Law:

1) Pass a completed application via the GLS Online Application. 2) Pay the application fee. 3) Submit your TOEFL, if applicable. 4) Pass personal statement essays, a resume, academic transcripts and diplomas, and letters of recommendation.

Writing the personal statement

All three schools require the applicant to submit a personal statement. Cornell suggests writing the personal statement on a topic about yourself, which can be discussed further during the interview. You can write about intellectual or personal interests and achievements, your goals and dreams or any project that you take pride in. A personal statements length is preferably up to two pages, double-spaced, and in a font and size that is easy on the eyes.

Sample law school personal statements can serve as guides for the format and content. Many sample law school personal statements online were done by authors who made it prestigious law schools.

Las Vegas Personal Injury Lawyer Assuming Legal Liability of an Injured

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If you rescued someone in an accident, are you liable for their injury? Are you legally accountable for saving someone? This depends in large measure on how well your Las Vegas personal injury lawyer argues your case.

According to an experienced Las Vegas personal injury lawyer, Nevada has a Good Samaritan Law which protects rescuers and lay people who voluntarily help others in distress from being sued in court for tort.

A Las Vegas personal injury lawyer explained that this law set under N.R.S. 41.500 states, -any person in this State who renders emergency care or assistance in an emergency, gratuitously and in good faith…is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering the emergency care or assistance or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured person.-

Your Las Vegas personal injury lawyer could argue about the Good Samaritan precept which is often used by rescuers. For this defense to work there should be the four key elements present during the rescue: 1.The care or assistance they rendered was done as a result of the accident or emergency; 2.The accident or emergency was not caused by the rescuer; 3.The care or assistance given was not done in a grossly negligent or reckless way; and 4.When possible, as when the injured person was conscious, permission was asked and given to the rescuer. Your lawyer, on the other hand, must prove otherwise.

This is why it is always important to get a Las Vegas personal injury lawyer who can aggressively argue for you in court that it is not your fault that you rescued someone because of another person’s negligence.

According to a skilled Las Vegas personal injury lawyer, the Good Samaritan law gives immunity for the rescuers since they chose to tend and serve the injured or ill. It should give the bystanders enough reason to help the injured instead of avoiding to help, for fear of being prosecuted or sued for wrongful death or unintentional injury.

A good Las Vegas personal injury lawyer can prove that the rescuers intent was to help and the one who is negligent caused pain and suffering to the injured person.

International Timeshare Refund Action (itra) Timeshare Law In Spain

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Any contract detailing the rights of an individual to use one or more property in Spain during a specific or specifiable period during the year is covered under this law, wherever and whenever the place and date of contracting.

Timeshare rights are those which give to the holder the right to use and enjoy an independent dwelling, with exclusive character, for a specific period of time within the year. It includes the necessary furniture for this use and any complementary services & facilities. It is regulated in Spain by a Law dated 1998.

The Spanish regulation considers timeshare as a type of seasonal rental. Crucially, the holder of timeshare rights does not acquire ownership rights, but the right to use the property for a specific period of time only. The duration of these rights is not indefinite; the developers of these type of complexes need to specify the period for the enjoyment of these rights which s always should be between 3-50 years. Outright ownership of the property remains the developers.

Because the developer retains ownership, they can always sell ownership rights with the limitations derived from the existence of the other persons use and enjoyment rights on the sold unit, which will remain for the contracted period.
Provision 1.4 of Law 42/1998 prohibited the denomination of those rights as multiownership” or any other way containing the word ownership”, owner or “property”.

For this reason, any contract signed in Spain containing the word ownership or property” (propiedad) is null and void and you have the right to a refund of any money paid, plus legal interest.

In Spain, the description that was finally chosen, as most appropriate, descriptive and loyal to Law is “derecho de aprovechamiento por turno”, which literally means right to use and enjoyment in shifts”

Publicity or promotion of these type of developments can never contain the word “propiedad”(property or ownership)

The timeshare scheme can only be formed in a building, property or set of them which are architecturally individual or separated. All independent units included in it, should be subject to the scheme. The building must have at least 10 units.
The same building can be subject at times to different tourist operations, provided that the rights of timeshare accommodations fall on concrete and specific periods and units.

The annual use/enjoyment period can never be less than 7 continuous days. In every case, within the same scheme, shifts should all have the same length. The units will also be reserved for repairs, cleaning or other common purposes for a period of time which shall not be inferior to seven days for each unit subject to the regime.

Main characteristics of timeshare rights in Spain are:
It is a limited ownership right (enjoyment): two or more different people hold rights on the same property (the owners and the holders of enjoyment rights).
It is immediate, as, in shifts, it gives to its holder a direct enjoyment of the property.
It is entered in the Land Registry, which gives to its holder a complete legal safety within the Spanish legal system. Obviously timeshare rights need to be transmitted by Notary deeds for their entry into the Land Registry.
It can be transmitted to others either in life or by death. They are part of the property trade.

Together with desisting from or cancelling the timeshare contract, possibilities that are subject to a shorter deadline, there is the possibility, initially sine die (without deadline) to apply for the nullity of the contract.

In what cases?
When timeshare rights are transmitted disregarding the imperative Law which regulates them.
When the transmission of timeshare rights are made before the scheme is actually constituted
When there is a lack of veracity of information provided to the buyer.

The action for the refund of amounts linked to the nullity has a 15 years deadline.

There are numerous precedents in Spanish Courts for the nullity and refund of money if you were sold under the term “propiedad” (property).
The important issue of adaptation

From January 1999 any preexisting timeshare regime needs to adapt to this Law. If this has not happened, any holder of timeshare rights will be able to request a Judge to compel the developer to do so.
Adaptation will always require a Notary deed and proper registration in the Land Registry.

Adaptation will respect the nature of rights which were transmitted by virtue of the old private contract. If ownership was transmitted, this is how it will have to be registered after approval of a simple majority of Community of owners.
All old contracts will have a time limit of 50 years unless parties have agreed otherwise or parties mutually or freely agree in the adaptation deed on a different definitive or non-definitive period.

If the owner of the development does not comply with the obligation of adapting the regime to this new regulation, the holder of timeshare rights will have rights to cancel the contract with effective devolution of amounts and compensation of damages.

Is The Law Of Attraction Selfish

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Lee and I were in front of a group of corporate employees who would have much rather been spending this time sitting at their computers or having an afternoon break. We had been asked to come in and speak.

Their employer said they needed an attitude adjustment. The employees were bickering, not working together, and stepping on each others’ necks to get to what they thought was the top. The employer was a family man who had come from very little money and had built a business that was successful enough to now have over a hundred employees. “They’re great at their work but they lack any sense of team work or love. I would settle for ‘like’ if they could work together.”

So he hired Lee and I to come in and teach a little about the law of attraction, and how it works. It was a tough crowd at first; no one asking questions, a lot of clearing of throats, but as the afternoon wore on, one or two became interested, then six, seven, followed by most of the crowd. They began firing questions at us, right and left.

“How does the law of attraction affect my relationship with my mother?” “How does the law of attraction help me with my car?”
“Can the law of attraction help with my health?”
“You mean I can work at a job I love and make money at the same time?”

The question and answer period went on for some time. I don’t know about Lee, but I felt the next question coming. It was from a gentleman of about thirty-six years old. “Aw c’mon! The Law of Attraction is a selfish law. It makes you only think of yourself. Selfish! What do you say to that?” The room was dead silent. Everyone wanted to hear the answer.

Lee and I had heard this comment before, usually from the same kind of person: a hard nosed reporter type who always seems to contradict anything that doesn’t fit into his world.

Lee took the question this time. Lee slowly smiled. “Sir, what do you want out of life?” The reporter bellowed back at Lee, “Just answer my question.”
“I am answering your question. But first, what do you want out of the life? What would you do with life if you had it all? Where would you go tomorrow if you didn’t have to work?”

“I would go fishing. So?” he snarled, in a bid to antagonize Lee.

“Why would you go fishing?” Lee baited.

“Makes me happy. Would you answer my question?” the “reporter” demanded impatiently.

“Makes you happy Sir, that is the Law of Attraction. Being happy with your life is not selfish. The Law of Attraction works whether you believe it or not. When you are aware of the Law of Attraction, and you start focusing on your “wants” and not your “don’t wants,” all you are seeking is happiness. If you are happy, then your spouse will be happy, if your family is happy, you will be happy, and if you are happy then your boss will be happy and so on and so on. So being happy with life, which is the ultimate goal in applying the law of attraction, is not selfish. So many people will benefit from your happiness, and when those people are happy it just keeps spreading. So Sir, if fishing makes you happy, does that make you selfish? I don’t believe it does. applying the law of attraction is the least selfish thing that anyone can do.”

The audience gave Lee a standing ovation and the “reporter” sat down.

When you think and feel what you want, and pay less attention to what you don’t want, this will bring you situations and people in your life that will make you happy. Being happy isn’t selfish. Being happy will help everyone around you.

The ultimate goal is to live your life and be happy while doing it. Wanting to get up in the morning when your job feels like play, and enjoying life exactly as you want your life to be through the Law of Attraction. That isn’t the pursuit of happiness; it is the realization of happiness.