Amanda's Scribblings

  Procedural Posture literally implies that step where a legal proceeding is situated in a court system. Understanding the procedural posture of a case is critical for several reasons:   1. It is about law that is being applied. The Procedural Position defined by which law controls case. Appeals courts use different standards of review based on the positions of the trial courts in the case, and the trial courts, in turn, apply varying legal standards at some level of the trial. One of the major roles of knowing a claimed term is that it assist parties in adumbrating the exact legal standards applicable to the suit.   2. A new diagnosis may have a decisive influence on the strategy and treatment that is available. With parties having different legal options and modes of attend, it is vital to know in which procedural posture the case stands. In the process of the settlement negotiations, there is a reliance on existence of the present level of the conflict risks a...

  The type of pastorium in the legal case is procedural, which is when it’s in the process in court system. The procedural posture of a case matters not only for the judges, lawyers, and clients to adopt possible actions but also for them to know the next possible step they should take. There are several reasons why clearly establishing the procedural posture is important:   It determines what the next position - The enunciation of procedural clause swings the way the next stage in the process will be. Illustration of this is giving discovery has finished, and all pre-trial motions have been closed, next step would most likely be a trial date decision. Knowing this facilitates the ease of continuity of the process which promotes proper direction.   If it is the case, during the litigation process, the outcome might be different at different stages- one the relief may not be available or might be available-and it depends on the just level of the case. This could...

  The advantage of having a business attorney on retainer is being able to get advice on due legal and support for your business. Understanding why corporate attorneys for businesses in San Diego are important to success helps in appreciating the strategic advantage they provide in a competitive market. Here are some of the key reasons it's important to have an attorney formally associated with your business:   1. Make sure that any legal challenges are avoided in advance.   An experienced business attorney can help review your business structure and its related contracts, policies and procedures so as to detect potential legal issues and address them in advance. Ascertaining the problems at their earliest stages can be of great help in avoiding the later damages like the charges and government actions. A competent lawyer may assist you in identifying the steps you can take to lessen the liability as well as raise the compliance.   2. Establishing Mech...

California is one of the states in the U.S. with the hardest worker protection law. As an employer, it is your responsibility to discard unfair, illegal reasons of firing the employee and at the same time, you should also require other legitimate and non-discriminatory reasons for the termination of the employee. Otherwise, you will face legal action. Here’s what you need to know about firing employees legally in California:   At-Will Employment   As for California, however, it is one of the “at will” employment states on the US territory. Therefore, employers may legally terminate a worker with or without a good cause. All they must do is make sure that neither the reason of the dismissal is of a discriminatory nature, neither is it retaliatory. Workers also can give up the job ex tempore and without reason and an advance notice.   There are exceptions to this rule such as when you have an employment contract with a clause that only allows termination for a rea...

Some staff in California like to work out their salaries in cash as it can be incredibly convenient, they can go around banks and bank fees or it is easier to control their finances. However, there are some important legal considerations around getting paid in cash that employees should keep in mind:   Tax Reporting Requirements   Your employer must give you a Form 1099 if he/she paid you over $600 per year. By law, he/she must do so in order to report your earnings to the IRS and to both of you upon receiving your tax returns. This is all inclusive to any type of payment such as with cash, check, or any other form. If you do not report your money wages that were not reported to the IRS, it could be treated as tax evasion with consequences being criminal under both the United States tax law and the State of California tax law.   Impact on Benefits Eligibility   Earning cash in hand, without being officially registered, has a consequence of brushing y...