California lemon law attorney Michael R. Vachon, Esq. has announced the January 12, 2012 filing of Adame v. Bunnin Buick-GMC, Inc.. (Ventura County Superior Court Case No. 56-2012-00410807). In this lawsuit, the defendant Bunnin Buick GMC, Inc. is a California corporation that operates the well-known car dealership “Bunnin Buick Pontiac GMC Cadillac” in Oxnard, California. The plaintiff, Michelle Adame, is also a Ventura County, California resident, who is represented by Oxnard, California lemon law attorney Michael R. Vachon, Esq.
ALLEGATIONS AGAINST BUNNIN BUICK
The lawsuit filed by Ms. Adame’s California lemon law lawyer alleges that Bunnin Buick Pontiac GMC Cadillac illegally falsified the down payment amounts in Ms. Adame’s purchase contract for a used 2007 Honda Civic that she purchased from the Oxnard, California car dealer. Ms. Adame’s lemon law attorney further alleges that Bunnin Buick did this in order to get her approved for a predatory loan that she cannot afford and for which she would not have qualified but for Bunnin Buick’s falsification of the down payment amounts. Although this practice is not prohibited by the California lemon law statute, Ms. Adame’s California lemon law attorney alleges that it violates California’s Automobile Sales Finance Act, California’s Consumers Legal Remedies Act, and the California Unfair Competition Law.
More at wiredprnews.com/2012/01/16/californialemonlaw-lawyers_2012011624996.html
Showing posts with label Legal Information. Show all posts
Showing posts with label Legal Information. Show all posts
An Overview Of Law Specializations
An Overview Of Law Specializations
If you are interested in becoming a lawyer, you have a vast array of specializations from which to choose and a range of clients for whom to work. Some lawyers work on major cases and huge corporate mergers, while others deal with traffic disputes and small businesses. Lawyers work for the rich and the poor, government agencies and nonprofit organizations. Sometimes they work for large firms, with a group of lawyers, or for themselves. Most lawyers are in private practice (usually small offices), while a small percentage work for the government and private industries and an even smaller percentage in public defense and legal education. While some lawyers have a general knowledge of many different areas of the law and engage in a variety of cases, most lawyers develop expertise in one field.
The areas of specialization within the law are many: civil rights law, corporate and securities law, criminal law, education law, employment and labor law, environmental and natural resources law, family and juvenile law, health law, immigration law, intellectual property law, sports and entertainment law, and tax law to name a few. As you study to become a lawyer, you will likely need to choose an area in which to specialize. Here is a very brief description of each to help you get started.
A practice in civil rights, balancing individual liberty and governmental power, usually takes the form of pro-bono work for nonprofit and public interest law firms. Corporate and securities attorneys assist corporations with organization and reorganization, mergers, stock, acquisitions, liabilities, bankruptcy, etc. Criminal defense lawyers do exactly what the name suggests: they represent people who have been accused of committing crimes and deal with the basic issues of personal liberty and justice. Education lawyers often aid or represent school districts or other education organizations; employment attorneys deal with the rights of employers and workers. Lawyers in environment and natural resources law take on regulatory issues that deal with the environment. Family attorneys help with adoption, divorce, and other family matters.
More at amerat.org/71-an-overview-of-law-specializations.html
If you are interested in becoming a lawyer, you have a vast array of specializations from which to choose and a range of clients for whom to work. Some lawyers work on major cases and huge corporate mergers, while others deal with traffic disputes and small businesses. Lawyers work for the rich and the poor, government agencies and nonprofit organizations. Sometimes they work for large firms, with a group of lawyers, or for themselves. Most lawyers are in private practice (usually small offices), while a small percentage work for the government and private industries and an even smaller percentage in public defense and legal education. While some lawyers have a general knowledge of many different areas of the law and engage in a variety of cases, most lawyers develop expertise in one field.
The areas of specialization within the law are many: civil rights law, corporate and securities law, criminal law, education law, employment and labor law, environmental and natural resources law, family and juvenile law, health law, immigration law, intellectual property law, sports and entertainment law, and tax law to name a few. As you study to become a lawyer, you will likely need to choose an area in which to specialize. Here is a very brief description of each to help you get started.
A practice in civil rights, balancing individual liberty and governmental power, usually takes the form of pro-bono work for nonprofit and public interest law firms. Corporate and securities attorneys assist corporations with organization and reorganization, mergers, stock, acquisitions, liabilities, bankruptcy, etc. Criminal defense lawyers do exactly what the name suggests: they represent people who have been accused of committing crimes and deal with the basic issues of personal liberty and justice. Education lawyers often aid or represent school districts or other education organizations; employment attorneys deal with the rights of employers and workers. Lawyers in environment and natural resources law take on regulatory issues that deal with the environment. Family attorneys help with adoption, divorce, and other family matters.
More at amerat.org/71-an-overview-of-law-specializations.html
Health Care Law
Health Care Law
Since it is primarily the state's duty to maintain public health, most heath laws and regulations are state-based, that, in turn, often pass responsibility on to governmental agencies that have been created by legislative acts. Federal health law centers on the Department of Health and Human Services, which is ultimately in charge of the Medicare and Medicaid programs. Health care law practice can also cover medical malpractice, licensure, patient rights, and bio-ethical policy
Since it is primarily the state's duty to maintain public health, most heath laws and regulations are state-based, that, in turn, often pass responsibility on to governmental agencies that have been created by legislative acts. Federal health law centers on the Department of Health and Human Services, which is ultimately in charge of the Medicare and Medicaid programs. Health care law practice can also cover medical malpractice, licensure, patient rights, and bio-ethical policy
Environmental Law
Environmental Law
Environmental law mostly stems from a group of federal enactments passed in 1970 that forced agencies and businesses to take into account the effect of their practices on the environment, as well as setting into effect laws and standards that would protect the environment from public and private actions. While the basic purpose remains the same, state laws have evolved throughout the years to also allow for adversely affected property owners to seek out reparations for environmental harms inflicted upon them.
Environmental law mostly stems from a group of federal enactments passed in 1970 that forced agencies and businesses to take into account the effect of their practices on the environment, as well as setting into effect laws and standards that would protect the environment from public and private actions. While the basic purpose remains the same, state laws have evolved throughout the years to also allow for adversely affected property owners to seek out reparations for environmental harms inflicted upon them.
Business Law
Business Law
Much as it sounds, business law deals with any aspect of the law having to do with industry and commerce--from taxes and liability to licensing and trademarking. This is an extremely wide section of the law which forks off into numerous areas of expertise, many of which themselves differ based upon the size of the business and the stage of its development. Small-business law often focuses on the kind of legal counsel needed during the early years of a business, such as tax classifications, hiring employees, and the proper zoning and licensing needed to start a business. Corporate law is more likely to deal with the financial and structural status of an established company, as well as the provision of legal advice on day-to-day dealings.
Much as it sounds, business law deals with any aspect of the law having to do with industry and commerce--from taxes and liability to licensing and trademarking. This is an extremely wide section of the law which forks off into numerous areas of expertise, many of which themselves differ based upon the size of the business and the stage of its development. Small-business law often focuses on the kind of legal counsel needed during the early years of a business, such as tax classifications, hiring employees, and the proper zoning and licensing needed to start a business. Corporate law is more likely to deal with the financial and structural status of an established company, as well as the provision of legal advice on day-to-day dealings.
Admiralty Law
Admiralty Law
Also referred to as Maritime Law, this body of law pertains to the regulation of navigation and shipping, both substantively and procedurally. Unlike many other law specialties, admiralty law has a very distinctive niche, and a very limited jurisdiction. United States admiralty law has evolved from the British admiralty law of colonial times, and much of Congress and the courts' energies are devoted to developing a uniform body of national and international admiralty law in order to smooth the progress of commerce.
Admiralty law is now under the jurisdiction of the federal district courts; they say that the ship's flag determines the source country of the law, which means each country is allowed to rule over their own ships and seamen, regardless of the waters (although U.S. courts may refuse to honor another country's law). Admiralty law covers such topics as shipping, navigation, waters, insurance, canals, and even piracy.
Also referred to as Maritime Law, this body of law pertains to the regulation of navigation and shipping, both substantively and procedurally. Unlike many other law specialties, admiralty law has a very distinctive niche, and a very limited jurisdiction. United States admiralty law has evolved from the British admiralty law of colonial times, and much of Congress and the courts' energies are devoted to developing a uniform body of national and international admiralty law in order to smooth the progress of commerce.
Admiralty law is now under the jurisdiction of the federal district courts; they say that the ship's flag determines the source country of the law, which means each country is allowed to rule over their own ships and seamen, regardless of the waters (although U.S. courts may refuse to honor another country's law). Admiralty law covers such topics as shipping, navigation, waters, insurance, canals, and even piracy.
Criminal Law
Criminal Law
Criminal law is probably the most visible of all of the areas of law, in terms of application to daily life and public portrayal. Criminal law revolves around governmental prosecution of anyone who is purported to have committed a criminal act, as defined by public law. An act cannot be classified as a crime if no precedent has been set by either governmental statute or common law, and suits between two individuals or organizations are considered to be civil, rather than criminal cases. In order for the state to win a criminal case, they must prove "beyond all reasonable doubt" that a crime has been committed.
Criminal law is probably the most visible of all of the areas of law, in terms of application to daily life and public portrayal. Criminal law revolves around governmental prosecution of anyone who is purported to have committed a criminal act, as defined by public law. An act cannot be classified as a crime if no precedent has been set by either governmental statute or common law, and suits between two individuals or organizations are considered to be civil, rather than criminal cases. In order for the state to win a criminal case, they must prove "beyond all reasonable doubt" that a crime has been committed.
First Amendment Law
First Amendment Law
Perhaps the most far-reaching amendment of the Bill of Rights, First Amendment law focuses on protecting citizens' rights to freedom of speech, religion, press, and assembly against law enacted by Congress. The courts have taken this to apply to all of the federal government, and they interpret the due process clause of the Fourteenth Amendment as protecting First Amendment rights from interference by state governments as well. Litigation is made possible by the First Amendment's right to petition the government for a redress of grievances. First Amendment cases through the years have covered everything from book burning to prayer in schools to internet pornography.
Perhaps the most far-reaching amendment of the Bill of Rights, First Amendment law focuses on protecting citizens' rights to freedom of speech, religion, press, and assembly against law enacted by Congress. The courts have taken this to apply to all of the federal government, and they interpret the due process clause of the Fourteenth Amendment as protecting First Amendment rights from interference by state governments as well. Litigation is made possible by the First Amendment's right to petition the government for a redress of grievances. First Amendment cases through the years have covered everything from book burning to prayer in schools to internet pornography.
Constitutional Law
Constitutional Law
Often considered one of the most broad and involved branches of law, Constitutional law requires nothing short of a crystal-clear understanding of the U.S. Constitution in order to understand its every possible interpretation and implementation. This topic of law is designed not only to preserve the relationships between state and federal governments (as well as the internal relationships), but also to protect the rights of the individual amidst these relationships as well. The "Constitutional" part of "Constitutional law" refers to not only the Federal Constitution, but state constitutions as well. Constitutional law draws heavily from rulings made in the Supreme Court.
Often considered one of the most broad and involved branches of law, Constitutional law requires nothing short of a crystal-clear understanding of the U.S. Constitution in order to understand its every possible interpretation and implementation. This topic of law is designed not only to preserve the relationships between state and federal governments (as well as the internal relationships), but also to protect the rights of the individual amidst these relationships as well. The "Constitutional" part of "Constitutional law" refers to not only the Federal Constitution, but state constitutions as well. Constitutional law draws heavily from rulings made in the Supreme Court.
Patent Law
Patent Law
Patents grant an inventor a limited period of exclusive rights to a human-made invention or an improvement on an existing invention, providing the United States Patent and Trademark Office deems it worthy of both technical and legal merit. The foundation for most patent law can be found within Title 35 of the U.S. Code, which allows for the protection of every aspect of a discovery, from the ornamental design to the processing methods. Constantly evolving technology has forced the scope of patent law to adapt in order to define what constitutes a human-made product.
In order to become a patent attorney, you must be admitted to practice before the courts of at least one state in the U.S., and must pass the patent bar exam which allows you to practice before the U.S. Patent and Trademark Office. The patent bar exam has a much lower pass rate than most bar exams, and requires that examinees possess strong technical backgrounds. Because of this, many patent lawyers have undergraduate (or even graduate) degrees in science or engineering.
Patents grant an inventor a limited period of exclusive rights to a human-made invention or an improvement on an existing invention, providing the United States Patent and Trademark Office deems it worthy of both technical and legal merit. The foundation for most patent law can be found within Title 35 of the U.S. Code, which allows for the protection of every aspect of a discovery, from the ornamental design to the processing methods. Constantly evolving technology has forced the scope of patent law to adapt in order to define what constitutes a human-made product.
In order to become a patent attorney, you must be admitted to practice before the courts of at least one state in the U.S., and must pass the patent bar exam which allows you to practice before the U.S. Patent and Trademark Office. The patent bar exam has a much lower pass rate than most bar exams, and requires that examinees possess strong technical backgrounds. Because of this, many patent lawyers have undergraduate (or even graduate) degrees in science or engineering.
Intellectual Property Law
Intellectual Property Law
Intellectual property (IP) law is a general category of law that deals with the acquisition and enforcement of patents, trademarks, and copyrights, and one that has seen tremendous growth in the past decade. Intellectual property encompasses the exclusive rights to a registered idea, product, or name, and includes anything from words and symbols to internet domain names. Intellectual property law not only deals with unauthorized use of property and plagiarism, but also with the protection of image and personality through use of registered property.
IP law can traditionally be broken down into three subdivisions: patent, copyright, and trademark. While patent law focuses on inventions and technology, trademark law is designed to defend an individual's or a company's investment in any distinguishing name, symbol, or device. Copyright law deals with the protection of literary, artistic, and musical works.
Intellectual property (IP) law is a general category of law that deals with the acquisition and enforcement of patents, trademarks, and copyrights, and one that has seen tremendous growth in the past decade. Intellectual property encompasses the exclusive rights to a registered idea, product, or name, and includes anything from words and symbols to internet domain names. Intellectual property law not only deals with unauthorized use of property and plagiarism, but also with the protection of image and personality through use of registered property.
IP law can traditionally be broken down into three subdivisions: patent, copyright, and trademark. While patent law focuses on inventions and technology, trademark law is designed to defend an individual's or a company's investment in any distinguishing name, symbol, or device. Copyright law deals with the protection of literary, artistic, and musical works.
Other Areas in Law
Other Areas: in addition to the practice areas list above, there are many other fields of specialization in the legal profession (antitrust, entertainment, health, municipal, sports, etc.).
Tax Law
Tax: deals with the taxes levied by different levels of government; tax lawyers may advise corporations on tax strategies and implications of business transactions, or counsel individuals on matters such as legal wills and estate planning.
Securities Law
Securities: regulates the purchase and sale of securities (financial instruments such as stocks and bonds); securities lawyers typically work in law firms providing services to corporations and financial institutions or for governmental commissions focusing on regulatory compliance.
Real Estate Law
Real Estate: deals with the purchase, sale, financing and development of land and buildings; real estate lawyers may work for developers, tenants, investors, banks or corporations on matters relating to residential or commercial real estate.
Labor and Employment Law
Labor and Employment: defines the rights and obligations of employers, workers and union members; lawyers may advise management, labor or government on issues such as employment standards, workplace health and safety, and industrial relations.
International Law
International: governs the interactions and relationships between nations; international lawyers may be hired by national governments and international organizations, or work in the private sector focusing on the interpretation of treaties and related laws.
Intellectual Property Law
Intellectual Property: intellectual property refers to the ownership rights to certain kinds of creative endeavors; intellectual property law protects ownership through copyrights, patents, trademarks and industrial design registrations.
Immigration Law
Immigration: federal laws control the entry of non-citizens into the country; immigration lawyers assist clients in applying for entry, residing in the country and becoming citizens.
Family Law
Family: applies to legal relationships between family members; issues in family law include marriage contracts, divorce, child custody, adoption, wills and estate planning.
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