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How to Choose a Lawyer
Common Areas of Legal Practice:
Arbitration
A legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons (the "arbitrators" or "arbitral tribunal"), by whose decision (the "award") they agree to be bound. Arbitration is today most commonly used for the resolution of commercial disputes, particularly in the context of international commercial transactions and sometimes used to enforce credit obligations. It is also used in some countries to resolve other types of disputes, such as labor disputes, consumer disputes or family disputes, and for the resolution of certain disputes between states and between investors and states.
Auto Accident
An incident in which an automobile collides with anything that causes damage to the automobile, including other automobiles, telephone poles, buildings or trees, or in which the driver loses control of the vehicle and damages it in some other way, such as driving into a ditch or rolling over. Sometimes a car accident may also refer to an automobile striking a human or animal. Car crashes are also called road traffic accidents (RTAs), traffic collisions, auto accidents, road accidents, personal injury collisions, motor vehicle accidents (MVAs). Car collisions usually carry legal consequences in proportion to the severity of the crash. Nearly all common law jurisdictions impose some kind of requirement that parties involved in a collision (even with only stationary property) must stop at the scene, and exchange insurance or identification information or summon the police. Failing to obey this requirement is referred to as hit and run and is generally a criminal offence.
Bankruptcy
A legally declared inability or impairment of ability of an individual or organizations to pay their creditors. Creditors may file a bankruptcy petition against a debtor ("involuntary bankruptcy") in an effort to recoup a portion of what they are owed. In the majority of cases, however, bankruptcy is initiated by the debtor (a "voluntary bankruptcy" that is filed by the bankrupt individual or organization).
Business Law/Commercial Law
The body of law which governs business and commerce and is often considered to be a branch of civil law and deals both with issues of private law and public law. Commercial law regulates corporate contracts, hiring practices, and the manufacture and sales of consumer goods.
Civil Litigation
Civil law, as opposed to criminal law, refers to that branch of law dealing with disputes between individuals and/or organizations, in which compensation may be awarded to the victim. For instance, if a car crash victim claims damages against the driver for loss or injury sustained in an accident, this will be a civil law case.
Copyright
A set of exclusive rights regulating the use of a particular expression of an idea or information. At its most general, it is literally "the right to copy" an original creation. In most cases, these rights are of limited duration. Copyright may subsist in a wide range of creative, intellectual, or artistic forms or "works". These include poems, theses, plays, and other literary works, movies, choreographic works (dances, ballets, etc.), musical compositions, audio recordings, paintings, drawings, sculptures, photographs, software, radio and television broadcasts of live and other performances, and, in some jurisdictions, industrial designs. Copyright is one of the laws covered by the umbrella term intellectual property. Copyright law covers only the form or manner in which ideas or information have been manifested, the "form of material expression". It is not designed or intended to cover the actual idea, concepts, facts, styles, or techniques which may be embodied in or represented by the copyright work.
Corporate Law
The law establishing separate legal entities known as the company or corporation and governs the most prevalent legal models for firms, for instance limited companies (Ltd or Pty Ltd), publicly limited companies (plc) or incorporated businesses (Inc.). It is a subset of companies law which, depending on the legal system, may cover the wider spectrum of partnerships, trusts, unincorporated associations, guilds or sole proprietorships. Technically, a company is a juristic person which has a separate legal identity from its shareholding members, and is ordinarily incorporated to undertake commercial business. Because of the limited liability of the members of the company for the company's debts and the separate personality and tax treatment of the company, it has become the most popular form of business vehicle in most countries in the world.
Criminal Law
The body of law that defines criminal offences and the penalties for convicted offenders. There are five main goals of criminal justice: retribution, deterrence, incapacitation, rehabilitation and restitution. The two basic elements of a crime are the act of doing that which is criminal, and the intention to carry it out. In Latin this is called the actus reus and the mens rea. In many crimes however, there is no necessity of showing criminal intention, which is why the term "strict liability" is used.
Divorce Law
Ending of a marriage before the death of either spouse. A divorce must be certified by a court of law, as a legal action is needed to dissolve the prior legal act of marriage. In recent years, however, more federal legislation has been enacted affecting the rights and responsibilities of divorcing spouses. For example, federal welfare reform mandated the creation of child support guidelines in all 50 states in the 1980s. ERISA includes provisions for the division of qualified retirement accounts between divorcing spouses. The IRS established rules on the deductibility of alimony, and federal bankruptcy laws prohibit discharging in bankruptcy of alimony and child support obligations. COBRA allows a divorced spouse to obtain and maintain health insurance. The laws of the state(s) of residence at the time of divorce govern, not those of the location where the couple was married. All states recognize divorces granted by any other state. All states impose a minimum time of residence, Nevada currently being the shortest at 6 weeks.
Domestic Violence
Refers to violence between spouses, but can also include cohabitants and non-married intimate partners. The term "intimate partner violence" (IPV) is often used synonymously. Other terms include wife or husband beating, battering, "relationship violence", "domestic abuse", and "spousal abuse". The U.S. Office on Violence against Women (OVW) defines domestic violence as a "pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner." Domestic violence can take many forms, including physical abuse, sexual abuse, emotional, economic, or and/or psychological abuse.
Drunk Driving
The act of operating a motor vehicle after having consumed alcohol or other drugs, to the degree that mental and motor skills are impaired. All 50 states now have two statutory offenses. The first is the traditional offense, variously called driving under the influence of alcohol (DUI), driving while intoxicated/impaired (DWI) or operating while intoxicated/impaired (OWI). The second and more recent is the so-called illegal per se offense of driving with a blood-alcohol concentration (BAC) of 0.08% (previously 0.10%) or higher. The first offense requires proof of intoxication, although evidence of BAC is admissible as presumptive evidence of that intoxication; the second requires only proof of BAC at the time of being in physical control of a motor vehicle. An accused may be convicted of both offenses, but may only be punished for one. It is also a criminal offense in all states to drive a vehicle while under the influence of drugs DUID, or under the combined influence of alcohol and drugs; the drugs themselves need not be illegal, but can be prescription or even over-the-counter. This offense requires evidence of impairment as a result of the drugs or drugs and alcohol. All states also now have zero tolerance laws: the license of anyone under 21 driving with a BAC of .01% or higher (.02% in some states) will be suspended. The blood-alcohol limit for commercial drivers 0.04%.
Employment/Labor Law
The body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. As such, it mediates many aspects of the relationship between trade unions, employers and employees. There are two broad categories of labor law. First, collective labor law relates to the tripartite relationship between employee, employer and union. Second, individual labor law concerns employees' rights at work and through the contract for work.
Entertainment Law
A term for a mix of more traditional categories of law with a focus on providing legal services to the entertainment industry. Much of the work of an entertainment law practice is transaction based, i.e. drafting contracts, negotiation and mediation. Some situations may lead to litigation or arbitration.
Entertainment law is generally sub-divided into the following areas related to the types of activities that have their own specific trade unions, production techniques, rules, customs, case law, and negotiation strategies: film, music, TV & radio, theatre, multimedia, publishing, and visual arts and design. Defamation (libel and slander), personality rights and privacy rights issues also arise in entertainment law.
Estate Planning
The process of accumulating and disposing of an estate to maximize the goals of the estate owner. The tools involved in estate planning include the will, various types of trusts, beneficiary designations, powers of appointment, various forms of property ownership (Joint tenancy with rights of survivorship, tenancy in common, tenancy by the entirety, etc), gifting, and powers of attorney, specifically the durable financial power of attorney and the durable medical power of attorney.
Family Law
An area of the law that deals with family-related issues and domestic relations including, but not limited to: * the nature of marriage, civil unions, and domestic partnerships; * issues arising during marriage, including spousal abuse, legitimacy, adoption, surrogacy, child abuse, and child abduction * The termination of the relationship and ancillary matters including divorce, annulment, property settlements, alimony, and parental responsibility orders (in the United States, child custody and visitation, child support awards).
Immigration Law
The branch of a country's legal system wherein legislation, custom and court precedent combine to define the ways in which that country's nationality and citizenship are transmitted, acquired or lost. Today, nationality law is based either on jus soli or jus sanguinis, or on a combination of the two. Jus soli is the principle in which a child born in a country's territorial jurisdiction acquires that country's nationality. In jus sanguinis, either the father or mother must normally be a citizen of the country in question in order for the child to be a citizen.
Medical Malpractice
An act or omission by a health care provider which deviates from accepted standards of practice in the medical community and which causes injury to the patient. Simply put, medical malpractice is professional negligence (by a healthcare provider) that causes an injury. In the United States and other countries, a specific medical malpractice law has developed. In English law, the issue of liability is a subset of professional negligence where, under the Bolam Test, a doctor will be liable unless shown to have acted in accordance with a reasonable body of medical opinion.
Military Law
A distinct legal system to which members of armed forces are subject. Military law deals with issues such as; procedures for military discipline, what is or what is not a lawful command, and obligations for service personnel. Military law can also be imposed on the civilian population instead of normal civil laws. In this instance it may be called martial law, and is often declared in times of emergency, war, or civil unrest. Most countries have restrictions on when martial law can be declared, and how long it can remain.
Personal Injury
Occurs when a person has suffered some form of injury, either physical or psychological, as the result of an accident. Where the accident was the fault of someone else, the injured party may be entitled to monetary compensation from the person whose negligent conduct caused the injury compensation.
Real Estate
A legal term that encompasses land along with anything permanently affixed to the land, such as buildings. In law, the word real means relating to a thing (from Latin res/rei, thing), as distinguished from a person. Thus the law broadly distinguishes between "real" property (land and anything affixed to it) and "personal" property (everything else, e.g., clothing, furniture, money). The conceptual difference was between immovable property, which would transfer title along with the land, and movable property, which a person would retain title to.
Securities Law
The field of US law that covers various aspects of transactions and other dealings with securities. It includes both Federal and state level regulation by purely governmental regulatory agencies, most notably the Federal level United States Securities and Exchange Commission (SEC). There are also quasi-public 'self regulatory organizations' (SRO's) such as the National Association of Securities Dealers (NASD). A significant influence is exerted by the availability of private rights of action under both state and Federal securities laws, as well as more generalized laws covering fraud. Futures and some aspects of derivatives are regulated by the Federal Commodity Futures Trading Commission (CFTC).
Tax Law
The codified system of laws that describes government levies on economic transactions, commonly called taxes. Primary taxation issues in the United States would include taxes on: income, capital gains, retirement accounts, estates, gifts, corporations, LLCs, partnerships, or taxes on specific investment products or types.
Trademark
A distinctive sign or indicator of some kind which is used by an individual, business organization or other legal entity to uniquely identify the source of its products and/or services to consumers, and to distinguish its products or services from those of other entities. A trademark is a type of intellectual property, and typically comprises a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories.
The owner of a registered trademark may commence legal proceedings for trademark infringement to prevent unauthorized use of that trademark. However, registration is not required. The owner of a common law trademark may also file suit, but an unregistered mark may be protectable only within the geographical area within which it has been used or in geographical areas into which it may be reasonably expected to expand. When a trademark is used in relation to services rather than products, it may sometimes be called a service mark, particularly in the United States.
Worker's Comp
A form of insurance that provides medical care and compensation for employees who are injured in the course of employment in abrogating the employee's right to sue their employer for the tort negligence. While schemes differ between jurisdictions, provision can be made for weekly payments in place of wages (functioning in this case as a form of disability insurance), compensation for economic loss (past and future), reimbursement or payment of medical and like expenses (functioning in this case as a form of health insurance), general damages for pain and suffering, and benefits payable to the dependents of workers killed during employment (functioning in this case as a form of life insurance). Cash benefits are established by state formulas with maximum benefit level. The benefits are administered on a state level, primarily by the state department of labor.
Wrongful Death
A claim in common law jurisdictions against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute. Under common law, a dead person cannot bring a suit, and this created a legal hole in which activities that resulted in a person's injury would result in civil sanction but activities that resulted in a person's death would not.
The standard of proof in the United States is typically preponderance of the evidence as opposed to clear and convincing or beyond a reasonable doubt. In Australia and the United Kingdom, it is 'on the balance of probabilities'. For this reason, it is often easier for a family to seek retribution against someone who kills a family member through tort than a criminal prosecution. It should be noted, however, that the two actions are not mutually exclusive; a person may be prosecuted criminally for causing a person's death (whether in the form of murder, manslaughter, criminally negligent homicide, or some other theory) and that person can also be sued civilly in a wrongful death action (as in the O.J. Simpson cases).
But San Diego isn't just about legal matters...
San Diego Landmarks
Having travelled extensively in and around San Diego, I have quite an extensive knowledge of local landmarks -- places and things that in some way or another signify the character and style of San Diego. Now, I don't mean your obvious, popular tourist attractions or destinations such as Sea World or the San Diego Zoo. Or even areas like the Gaslamp Quarter or Old Town.
Instead, I'm referring to places that call out for your attention while traveling through the city. They may not be official tourist destinations, but they are something you'll want to see while you're here. What am I talking about? Well, if you've ever driven through an unfamiliar place and said "Wow! Look at that!", you know what I mean. There are many things in San Diego which make you announced to everyone else in the car, "Look up there!" or "Look over there!". So here's a list of some of San Diego's more significant (and NOT so significant) landmarks.
Make sure you visit these interesting destinations next time you're in the area!
Mount Soledad
This 800-foot hill with the cross atop it in the La Jolla area of San Diego provides a 360 degree view of the city and the Pacific Ocean. Accessible by a winding road, the mountain top has parking and a grassy area for picnics and taking in the breathtaking view. Although the cross that adorns the city owned land has spawned controversy (that old separation of church and state thing), Mount Soledad is even better known as an ideal make-out spot, or so the rumor goes.
Mount Helix
Mount Helix is the East County counterpart to Mount Soledad on the coast: a high promontory adorned with a cross at its peak seen from Interstate 8 ("What's that?"), accessible by a winding road in an exclusive residential area (Mt. Helix). Oh, yeah, it also offers 360 degree amazing views of the eastern part of the county. The amphitheater at the top of the mountain is used for theatrical presentations and popular Easter sunrise services. You can visit many cities and not see anything like this.
San Diego-Coronado Bay Bridge
It's what every airline passenger sees (OK, the ones sitting on the left side of the plane) while making the descent into Lindbergh Field. This graceful, sweeping blue span is the major point of access to the city of Coronado and the North Island Naval Air Station. The newly toll-free bridge provides one of the grandest views of the city and bay from anywhere for merely the price of gas. But, of course, it is prohibited to stop on the bridge and take in the scenery.
The California Tower
Speaking of views from the air, this beautiful bell tower in Balboa Park (and part of the Museum of Man) is what the passengers on the right side of the airplane usually see upon descent. With its beautiful and ornate tile covered campanile, it evokes the Spanish Moor architecture that pervades this region.
The Mormon Temple
It looks like something straight out of a fairy tale, or maybe a science fiction movie. With its pointed spires and brilliant white facade, the Mormon Temple causes motorists to do a double (or triple) take as they travel on Interstate 5 in the La Jolla area. Only accessible by Latter-Day Saints (Mormon) Church members, this relatively new structure has become a San Diego landmark by sheer virtue of its magnificent presence. It certainly makes a statement. What statement that is, I have no idea!
The Trolley
You see them while downtown, crossing the San Diego Riverbed, speeding by as you are caught in freeway traffic jams. San Diego may not have a subway system like the famous one in New York City, but we have our bright red trolley system. With its major hub in downtown and branching off both to the south all the way to the U.S.-Mexico border, and to the east to Santee in the east county and also through Mission Valley, the San Diego Trolley is a popular mode of public transportation and as much a symbol of San Diego as red tile roofs. A major eastern expansion through Mission Valley up to San Diego State University and on to Grossmont is in progress and is slated to begin operation in 2004.
Cabrillo National Monument/Point Loma Lighthouse
In honor of the explorer Juan Rodriguez Cabrillo, who sailed into what is now San Diego Bay in 1542, this National Park is situated at the tip of Point Loma, a long, scenic peninsula that forms San Diego Bay. The park offers one of the most incredible views of the harbor, Pacific Ocean and the city, and you can get some history to go along with the view at the visitors center and old Lighthouse. This is an excellent destination for a family, or someone looking for a relaxing vacation venue.
Juan Rodríguez Cabrillo led the first European expedition to explore what is now the west coast of the United States. Cabrillo departed from the port of Navidad, Mexico, on June 27, 1542. Three months later he arrived at "a very good enclosed port." That port is known today as San Diego bay. Historians believe he anchored his flagship, the San Salvador, on Point Loma's east shore near Cabrillo National Monument. Cabrillo later died during the expedition, but his crew pushed on, possibly as far north as Oregon, before thrashing winter storms forced them to back to Mexico. More information about Cabrillo and the expedition is presented below.
Cabrillo National Monument, established in 1913, commemorates Juan Rodríguez Cabrillo's voyage of discovery. A heroic statue of Cabrillo looks out over the bay that he first sailed into on September 28, 1542. A film, "In Search of Cabrillo," and an exhibit hall present Cabrillo's life and times each day at the Visitor Center. Ranger-led programs about Cabrillo are usually available on weekends and on many weekdays during summer months.
