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	<title>Everyday Affair &#187; Legal Matters</title>
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	<description>About everyday concerns in life...</description>
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		<title>Download a Living Will Form Online</title>
		<link>http://everydayaffair.com/legal-matters/95/download-a-living-will-form-online.html</link>
		<comments>http://everydayaffair.com/legal-matters/95/download-a-living-will-form-online.html#comments</comments>
		<pubDate>Tue, 08 Dec 2009 09:58:11 +0000</pubDate>
		<dc:creator>Consultant</dc:creator>
				<category><![CDATA[Legal Matters]]></category>
		<category><![CDATA[Personal Finance]]></category>

		<guid isPermaLink="false">http://everydayaffair.com/?p=95</guid>
		<description><![CDATA[Most people don&#8217;t want to think about what might happen to them or their loved ones in the event of a catastrophic accident. This is natural enough, as contemplating such things is not exactly a pleasant topic. But it&#8217;s one that all responsible adults should address sooner rather than later, especially since you never know [...]]]></description>
			<content:encoded><![CDATA[<p>Most people don&#8217;t want to think about what might happen to them or their loved ones in the event of a catastrophic accident. This is natural enough, as contemplating such things is not exactly a pleasant topic. But it&#8217;s one that all responsible adults should address sooner rather than later, especially since you never know when disaster can strike. If you haven&#8217;t filled out a living will form yet, then this is something you need to do as soon as possible.</p>
<p>You can find a standard living will form for your state online at many different websites. These forms are formatted properly and contain all the proper language to make the document legally binding. All you have to do is pay a fee, download the living will form, fill in all the details, and then sign it with witnesses present. <span id="more-95"></span><br />
What are the advantages of completing these steps and keeping a signed living will form with your other important documents? There are many. For one thing, in these wills, you can designate a so-called health care proxy or agent, a trusted person who can be counted on to make medical decisions on your behalf should you become incapacitated in any way. This ought to give you some peace of mind, knowing that your specific wishes are going to be carried out no matter what happens.</p>
<p>Another advantage to having a signed living will form on file is that there won&#8217;t be any room for legal wrangling. By downloading a state-specific living will form, you&#8217;re essentially guaranteeing that nobody can countermand the wishes expressed in the document. This is a good way to avoid potentially nasty legal battles between different family members who have conflicting ideas about how to proceed with your medical care. Once you&#8217;ve signed the official papers, only you can change the contents.</p>
<p>As I mentioned, these types of wills are readily available online. But you have to be careful about which document you download and use because some might not be binding in your state of residence. For example, I&#8217;ve seen a generic living will form that is offered as a free download. This might be tempting to a lot of people, but your state might not recognize the non-specific language it contains. Your best bet is to go ahead and pay the small fee (usually between $20 to $50) to make sure everything is done properly. The last thing you want is to run into trouble just when you need the document the most.</p>
<p>Even if you&#8217;re young, healthy, and in the prime of your life, it would be smart for you to consider filling out a living will form now. There&#8217;s simply no getting around the fact that catastrophes happen all the time and that fate might ring up your number next. It&#8217;s far better to take precautions now and be prepared for any eventuality than to leave your medical future to chance.</p>
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		<title>The controversial California three strikes law: Fair? You decide.</title>
		<link>http://everydayaffair.com/american/56/the-controversial-california-three-strikes-law-fair-you-decide.html</link>
		<comments>http://everydayaffair.com/american/56/the-controversial-california-three-strikes-law-fair-you-decide.html#comments</comments>
		<pubDate>Tue, 17 Feb 2009 12:36:28 +0000</pubDate>
		<dc:creator>Consultant</dc:creator>
				<category><![CDATA[American]]></category>
		<category><![CDATA[Legal Matters]]></category>

		<guid isPermaLink="false">http://everydayaffair.com/?p=56</guid>
		<description><![CDATA[While a majority of states in the U.S. currently have a version of the &#8216;three-strikes and you&#8217;re out&#8217; legislation in place, the California three strikes law is most severe in both interpretation and penalties. Enacted in 1994, Proposition 184, was approved by 72% of California voters. A person convicted of a third felony faces life [...]]]></description>
			<content:encoded><![CDATA[<p><strong>W</strong>hile a majority of states in the U.S. currently have a version of the &#8216;three-strikes and you&#8217;re out&#8217; legislation in place, the California three strikes law is most severe in both interpretation and penalties. Enacted in 1994, Proposition 184, was approved by 72% of California voters. A person convicted of a third felony faces life imprisonment. With the specific provisions of the California three strikes law, certain cases have grabbed headlines nationally and internationally, citing this law as far too severe.</p>
<p>You may think that such repeat criminals with felony convictions, should be incarcerated for life. Many people, when they think of a felony crime, assume this must mean murder, violence or heinous acts have been committed. This is not the case. While other state&#8217;s three strike laws require that each of the three crimes are of a violent nature before the life sentence is imposed, California makes it mandatory that a life sentence be imposed on a person convicted of a third felony crime, regardless of whether the third crime was violent or not. The criteria used in the California three strikes law only requires that the first two be violent, or more ambiguously, &#8216;serious&#8217; in nature.</p>
<p>You may have heard of the California man who was sentenced to life after stealing a piece of pizza from a group of kids. His previous record included one violent assault and four others of a non-violent nature. Does this man truly deserve life in prison? His case caused such an uproar in the public, that the man&#8217;s sentence was eventually reduced to six years.</p>
<p>Another problem with the California three strikes law is that the defendant may rack up his quota of three felonies in a single incident. You&#8217;ve doubtless heard the phrase, &#8216;throwing the book at him&#8217;. This is a strategy often employed by prosecutors in order to have the defendant agree to a plea deal, where some charges are dropped if the defendant pleads guilty to one or two others. The prosecutor may know that some of the other charges won&#8217;t fly in court, perhaps due to lack of evidence. The defendant, faced with a multiplicity of charges, true or not, may realize he&#8217;ll do less time by taking the deal. In doing so, he may be setting himself up, in certain respects, for a future of life imprisonment, should he commit another felony.<span id="more-56"></span>Under the California three strikes law, qualifying felonies include petty theft or possession of a controlled substance. In addition, previously sealed records of juvenile crimes, are now fair game. This is just another way in which a guy stealing a piece of pizza ends up with a life sentence.</p>
<p>Most Americans believe in social justice and rehabilitating repeat offenders of petty crimes. The idea is not to fill prisons, but promote a better society. It seems that more careful legislation could enable justice. You decide.</p>
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		<title>Your Legal Rights</title>
		<link>http://everydayaffair.com/legal-matters/23/your-legal-rights.html</link>
		<comments>http://everydayaffair.com/legal-matters/23/your-legal-rights.html#comments</comments>
		<pubDate>Tue, 30 Sep 2008 06:59:53 +0000</pubDate>
		<dc:creator>Consultant</dc:creator>
				<category><![CDATA[Legal Matters]]></category>

		<guid isPermaLink="false">http://everydayaffair.com/?p=23</guid>
		<description><![CDATA[What is hard to understand for some people is that what they think they deserve may not line up with what their legal rights may be in any situation. Though what our rights are can differ from what we believe, we do have to follow them when it comes to any legal matter. Things are [...]]]></description>
			<content:encoded><![CDATA[<p><strong>W</strong>hat is hard to understand for some people is that what they think they deserve may not line up with what their legal rights may be in any situation. Though what our rights are can differ from what we believe, we do have to follow them when it comes to any legal matter. Things are not always tilted fairly in the right direction, and that is why so many have to lobby for rights that we may not have, at least not in a legal sense. Some say we have no rights, and that these are things created by society. Whatever the case, that is not what happens in the legal world.</p>
<p>Before you get upset about anything, you do have to know something about your legal rights. When it comes to matters in business, you probably have more rights than you think, but some of them are conditional. That means you may have done something that will cancel out your legal rights in any particular situation, so be careful about how you go about handling any matter. If you do something wrong, your rights may be gone and there will be nothing you can do about it.</p>
<p>Before you get into any legally binding contract, or make any major decision regarding a purchase or a service, you should find out about your legal rights. This might mean some heavy research on your part, but you will find this will be worth it if you run into any problems. There are far too many lawsuits that are thrown out because someone has done something that rendered their legal rights in a matter null and void. Do the research and follow the advice given, and you are going to be better off in the end.<span id="more-23"></span>Hopefully, you will never have to worry about exercising your legal rights in your life, but it will probably come up. When it comes to legal contracts, know what you are signing before you sign it so there are no surprises in the end. If you don’t completely understand a contract, or you fear you may not be reading it right, you should find a lawyer to look it over for you and explain the terms in simple language. If you do this, you won’t have to worry as much about your legal rights because the contract will be mutually beneficial rather than largely one sided.</p>
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		<title>Understand Your Legal Binding Contracts</title>
		<link>http://everydayaffair.com/legal-matters/21/understand-your-legal-binding-contracts.html</link>
		<comments>http://everydayaffair.com/legal-matters/21/understand-your-legal-binding-contracts.html#comments</comments>
		<pubDate>Tue, 30 Sep 2008 06:58:10 +0000</pubDate>
		<dc:creator>Consultant</dc:creator>
				<category><![CDATA[Legal Matters]]></category>

		<guid isPermaLink="false">http://everydayaffair.com/?p=21</guid>
		<description><![CDATA[There are going to be times in everyone’s life when they come face to face with legal binding contracts. The problem is that some of these are so complicated that the average person can not hope to understand everything contained within. There are some contracts that are worded so badly that even a dictionary is [...]]]></description>
			<content:encoded><![CDATA[<p><strong>T</strong>here are going to be times in everyone’s life when they come face to face with legal binding contracts. The problem is that some of these are so complicated that the average person can not hope to understand everything contained within. There are some contracts that are worded so badly that even a dictionary is going to be of little help. Some are worded this way to keep you confused, and that is why you should always take your time when presented with such a contract, or any contract for that matter.</p>
<p>The first rule when dealing with legal binding contracts is that you never sign anything the moment it is presented to you. That is a mistake that many make because they are so excited about what they think they are getting out of a contract. Any person who is honest and upfront, and that has presented you with fair legally binding contracts, will give you time to look it over before you commit to anything. If you are being pressured in any way, don’t fall for it. That usually indicates that something is wrong.</p>
<p>At times, legal binding contracts are very simple to read and you won’t need any help, though you should still take some time to study the contract and think about the terms. However, most of these are hard to read and require a lawyer to sort them out. Many have opted out of legal advice and paid the price. There are times when a contract that is legally binding is slanted towards the party presenting the contract, and that means trouble. This is a common problem in the entertainment business, so watch out if that is what you are considering.</p>
<p>If you find that you are unhappy with the terms of your legal binding contracts, or that your lawyer says it is not in your best interest to sign, you have to ask for a revision. If you really want the contract, but it is not working for you, you are better off without it whether you realize it or not. Renegotiate the terms of any contract that you are not happy with, and then renegotiate again. If they won’t budge, walk away. There will be someone else who can offer you the same services but that will work with you. Even if you won’t find anyone else, you are still better off with nothing if legal binding contracts are completely one sided, and not in your favor.</p>
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		<title>Breach Of Contract</title>
		<link>http://everydayaffair.com/legal-matters/15/breach-of-contract.html</link>
		<comments>http://everydayaffair.com/legal-matters/15/breach-of-contract.html#comments</comments>
		<pubDate>Tue, 30 Sep 2008 06:42:47 +0000</pubDate>
		<dc:creator>Consultant</dc:creator>
				<category><![CDATA[Legal Matters]]></category>

		<guid isPermaLink="false">http://everydayaffair.com/?p=15</guid>
		<description><![CDATA[Theoretically, a breach of contract case should be pretty open and shut. When people sign agreements, they&#8217;re supposed to word them in such a way that they are completely unambiguous. That way, if someone commits a contract breach, it is very easy to see. In reality, however, breach of contract law is incredibly complicated. When [...]]]></description>
			<content:encoded><![CDATA[<p><strong>T</strong>heoretically, a breach of contract case should be pretty open and shut. When people sign agreements, they&#8217;re supposed to word them in such a way that they are completely unambiguous. That way, if someone commits a contract breach, it is very easy to see. In reality, however, breach of contract law is incredibly complicated.</p>
<p>When I hired my Texas breach of contract lawyer, I thought that things would be easy and straightforward. I had signed up to rent space at a recreation center to hold a class, only to find that space occupied the first time I tried to hold my class. It was clearly written – or so I thought. I was to have the space from four to five o&#8217;clock every Tuesday and Thursday. In reality, however, the case was less open and shut than I thought. I ended up having to hire an attorney at considerable cost.<br />
<span id="more-15"></span>A lot of people tend to let breach of contract cases go. They think that it won&#8217;t be worth the pain and expense of hiring a lawyer and waiting for the courts to decide. At first, I thought this as well. I was going to just rent space somewhere else and count it as a loss. Then my partner convinced me otherwise. She told me that it was important to stand up for yourself – particularly in business matters. If you let someone charge you for something and then not deliver,You will never succeed. I knew that she was right. It wasn&#8217;t just the thing that mattered – it was the principle of the thing as well.</p>
<p>One of the good things about breach of contract lawsuits is that they rarely go to trial. Eventually, the lawyers get to a point where it is better to negotiate an out-of-court payment than to take things all the way. In our case, it took a while but it worked. I was clearly in the right and the other party was clearly in the wrong. It took longer than I would have liked, but eventually he had to pay up. He even agreed to continue renting the space to me for free as part of the settlement. I got a month of free space in exchange for not pressing a full lawsuit. Apparently, he was quite eager to stay out of the public eye in this case. I was only too happy to oblige. I wanted to get my business on track, and that seemed like the way to do it.</p>
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