Increased Chances to Fight Injustice
The class action lawsuits are the best illustration of the saying “the power stays in the number”. A single person can file the court action in the name of a group, whose members suffered the same prejudice, even if the material loss is not of the same size.
General Information on the Class Action Lawsuits
According to the stipulations of the Federal Rules dealing with Civil Procedure (chapter 23), four requirements must be fulfilled in order to declare a court action of this type as valid.
- A common cause – Every member of the group of plaintiffs, also known as class, must have suffered the same kind of prejudice, caused by the same defendant. Also, the actions that harmed the interests of the plaintiffs must fall under the incidence of the same law.
- Representativeness or typicality – It refers mainly to the person who files the action and it stipulates that he or she must suffer each of the prejudices claimed by the whole group or class.
- Number – There should be enough plaintiffs to make judging every case in a separate trial extremely difficult.
- Fairness in representation – This requirement concerns the professional qualities of the lawyer who acts in the name of the plaintiff filing the case. The legal counselor must be dedicated to the cause of the entire class, protecting the interests of all the plaintiffs.
The defendants, in most cases of class action lawsuits, are people or companies with a great influence in the city where the action is filed and it is very difficult for the group of plaintiffs to win the case. In order to increase their chance to a fair verdict, the US Congress gave, in 2005, a favorable vote to the so-called “Class Action Fairness Act“.
The act allows the actions in this category to be transferred from the county or state court to the federal court. The judges working here are, usually, more difficult to influence in their decisions, so the chances for a fair verdict are higher.
Selecting a Calgary Criminal Attorney who can Truly Help You
Calgary criminal lawyers are not always easy to find. While there may be a lot of good attorneys in every area of practice, finding some of the best can be like looking for a needle in a haystack, and you can only find an attorney that can be depended on through a detailed selection process.
Finding Your Attorney Online
Despite the large number of criminal defense lawyers who advertise their services on the internet, finding a reputable one in Calgary is not easy.
Some attorneys have extensive profiles on various sites, as well as detailed information regarding their approach, practice areas and experience on their personal or official websites. Also, the testimonials written by their past clients can provide you with additional insight into their background and on how they deal with various critical situations.
In many cases, however, there’s not much to go on, and not all skilled lawyers know how to market their services online. Nevertheless, you may find that one of the lesser known lawyers could be perfect for dealing with your case.
So here are a few ideas on how you can get more information about these attorneys:
The first and most direct course of action would be to simply call or write an email. However, you can never be too sure if the attorney is honest with you or just looking to find a new client, so you should always think of additional ways of confirming the information he gives you.
Make a list of the lawyers that you couldn’t find much information about, and ask your friends and family members if they have worked with them before.
Do an online search for each name to find out if anyone wrote about their services in a review, blog post or on social media pages.
Post a question on a forum or social media site, asking if anyone knows more about them.
Criminal Charges and Calgary Lawyers
While many Calgary lawyers who do not necessarily specialize in the type of offense associated with your specific case can help you with smaller issues, such as administrative offenses, bail or appeals, the more serious charges involving homicide, internet crimes, fraud, DUI charges and firearm offenses will definitely require an expert who knows all about the law applied in Alberta for these charges and who has had extensive experience in defending people accused of these offenses in court.
In the case of some of the charges presented above, it is extremely important that the lawyer you find is reliable. Alberta courts devote significant resources to homicide cases, for instance, so if you’re charged with murder, your lawyer has to think of every possible defense.
Also, the penalties when it comes to DUI cases can be quite severe, involving a hefty minimum fine for first offense impaired driving and 30 days in jail – as well as a 2-5 year driving prohibition – for second offenses.
Fortunately, the DUI lawyers in Calgary are well-known for their ability of using even the smallest details involved with the case to their clients’ advantage, and the resourcefulness of a skillful Calgary lawyers may help you get a far better outcome than you had anticipated.
Securities Law – Protecting Fair Trading
For the companies and individuals involved in trading stocks, securities law is the shield that guarantees the protection of their profits, as long as the transactions are made according the guidelines and recommendations stipulated in it.
This way, there are great chances of avoiding considerable financial losses and stock exchange market collapses similar to those of 1929 and 2008.
History of the Securities Law
Prior to the great New York Stock Exchange Crash in 1929, the transactions involving stocks fell under the general rules of the market, and there were little to none federal or state laws to regulate them. However, due to the devastating effects of the mentioned event, a special federal commission was formed in the US Congress.
The hearings and investigations led by it unveiled great irregularities and abuses provoked by the interests of certain institutions and companies. As a result, the Securities Act received a favorable vote in the Congress in 1933, followed by the Securities Exchange Act in 1934. The second mentioned law is mainly known for regulating the transactions taking place on the so-called “secondary” or public market.
Once the big companies and small brokers admitted the necessity of a complete securities law corpus, other such acts were voted before the starting of the WWII. Voted in 1940, the Investment Company Act and Investment Advisers Act are only two examples of legislative instruments that provided a fairer environment for stock-involving operations.
Important amendments modified these acts in 1970, 1984 and 1988, bringing them up to date with the evolution on the stock exchange market. Besides the mentioned federal laws, each state has its own set of rules, known under the generic name of “blue sky laws”.
Why Hire a DUI or Impaired Driving Lawyer
You should consider hiring a DUI attorney as necessary rather than optional if you have been apprehended while driving and your breath analyzer test results returned positive.
A DUI can increase your chances of contesting the charges against you.
If you plead guilty and are convicted, you may suffer from the following consequences:
- A DUI conviction can cost you higher monthly dues for auto insurance
- A DUI conviction will also be typically frowned upon by prospective or even current employers, which can hurt your chance for employment or promotion respectively
- A DUI conviction may also cause you more difficulties in obtaining a loan
- A DUI conviction may prevent you from obtaining entry or visa to another country
- A DUI conviction can also be considered as a reflection of your personal character
The Costs of Hiring a Impaired Driving Lawyer
It’s very essential that you hire a good DUI attorney to defend your rights. For starters, most people can’t afford to make the wrong choice. A impaired driving lawyer is rarely affordable to hire – even if you only require him to deal with the simplest of cases and where no collision had taken place and no damage was incurred.
- Basic DUI cases that do not go to trial can cost you around $500 to $2,000
- If you have been asked to appear in court and you will be tried for your offense, lawyer fees can total up to $10,000 or even more
- Asking an expert to testify in the trial will require anything between $1,000 to $5,000
- DUI charges that are being tried and which involve serious injury, physical damage, or casualty can cost you as much as $25,000 for lawyer fees alone
Most lawyers require a deposit up front if you decide to hire them. Most offer free consultation but others do charge the minute you consult them so you need to be clear about this one. Finally, you should check if they’ll charge you with a fixed rate regardless of the outcome of the case and the length of trial. Others prefer to judge by the hour. If you want to save more, go with the former.
What Can a Impaired Driving Attorney Do?
Aside from doing their best to prevent conviction, DUI lawyers can also do a lot of things to make things easier for you while your case makes its way to court.
- Represent their client – you – in court so that clients would not need to make a personal appearance
- Obtain proof to disprove that you were guilty of impaired driving or prove that the apprehending officer had committed a mistake that makes the act of apprehension and test results invalid
- Find experts to provide supporting evidence for your argument
- Prevent permanent revocation of license or minimize chances of imprisonment
- Make an appeal to have your sentence reduced if you are found guilty
Protect yourself be talking to a Criminal Lawyer before ever entering a plea in court!
How to Choose a Good DUI Lawyer
Now that you know how important having a good impaired driving attorney is to represent you, here are several factors you should consider when making a choice.
- Must be a bar member, licensed, and specializes in drunk driving laws
- Able to work right away to provide you with legal aid whenever necessary
- Easy to talk to
Do not underestimate the importance of protecting your rights. If you’ve been charged with drinking and driving make sure you find a qualified attorney and at least have a no-cost consultation with him or her before you do anything else.
What Home Buyers and Sellers Should Know
The term real estate is always associated with the transactions of properties, especially residential homes, office buildings and lands. In the legal area, the term is used in correlation to the legal stipulations regulating these transactions.
The real estate law is the part of the civil law that regulates an individual or a company’s right to own, to use and to make use of a property and anything that is affixed to it permanently. The fixtures can cover fences, buildings and other goods, such as such as heating, lighting and plumbing installations.
This law also defines the air space above a property and the right to the mineral deposits in the soil underneath it, not only structures, but also plant life.
Types of Real Estate Properties
There are many several types of properties transacted on the real estate market, but they can be categorized in five major groups: commercial, residential, agriculture and special-purpose.
- Residential properties
This type of real estate property includes the objectives used for dwelling or housing and it can be located in urban, suburban or rural areas. It includes duplexes, single-family houses, condominiums, patio homes and other multi-family houses. In many states, multi-family properties of five or more units fall under the category of commercial properties and, consequently, they are not eligible for residential loans.
- Commercial properties
The real estate law refers to places/spaces suitable for commerce or business affairs, like office buildings, malls, shopping centers, theaters, motels, hotels, restaurants or parking facilities. For a buyer, a commercial property has to be placed in a good area, where business can thrive.
- Industrial properties
This category includes warehouses, factories, land and power plants, etc., located in industrial regions. Many times, industrial property may be confused with commercial property, because they both have a commercial utilization. In fact, they are different.
The Basics of the Immigration Law
When an individual travels from his living country to another country, in order to seek employment or to study, or when that individual applies for a passport, all these actions are related and fall under the immigration law, which is associated with the law of nationality and governed by international law.
The immigration law controls the immigration phenomenon managed by the national policies of each state and regards foreign citizens. It falls under the federal government’s policy and it establishes if an individual is an alien, as well as which his obligations, duties and rights while in the respective foreign country are.
It also supervises all the methods under which a foreigner may enter a country, gain residence and get citizenship rights, mentioning all the controlling measures that can be taken throughout the visitors’ stay, as well as who may enter the country. Many countries have adopted the naturalization process in order to help immigrants to become legal citizens.
Types of Immigrants
As mentioned above, many countries allow their foreign visitors to become legal citizens through the neutralization process.
However, in order to obtain the neutralization, an immigrant has to meet a mandatory requirement, according to the immigration law: to have lived in the respective country for at least five years.
There are also cases when the immigrant is required to speak the national language and to have knowledge of the country’s government and history.