By financen | June 13, 2019 - 4:06 am - Posted in Law, Legal
defamation

From ancient times, people have tried to understand the nature of injurious or defamatory statements that are made known to the public or third parties. Defamation laws seek to address defamation claims so that issues can be settled in court. This guide will be help to those seeking the services of Dublin solicitors.

What is Defamation?

Defamation is described as the communication of a false statement (untrue information) about a person, group, or organization which can affect the subject’s reputation negatively. It is also called calumny, traducement, or vilification in some other parts of the world. Read more about that here.

There are several things that a person must prove in order to establish a statement as defamatory. The basic principle for being regarded as “not guilty” is when all the statements have been proven to be factual. There are some other situations where the law may permit the said defamatory statement. Some laws protect against statements which are misleading, but not technically false.

Slander and Libel

Defamation is seen as the general term used internationally. It is used in cases where the differentiation between slander and libel is not necessary. Sometimes, slander may be published. The essential differentiation between slander and libel is based on what form the defamatory statement was published.

Slander is the spoken form of this offence, while libel is written. Under common law, the statement being tagged as defamatory has to be generally false. It must also have been communicated to someone else, that is, a third party. The individual that commits such an offence may be called a “slanderer”, “libeler”, or “defamer”.

A statement is slanderous when it is a publication containing sounds, gestures, spoken words, sign language, or other fleeting forms. On the other hand, libelous statements have to be in the form of pictures and printed words.

Read more about that here: https://www.thebalancesmb.com/defamation-libel-and-slander-462650

defamation

The Law in Ireland

In Ireland, the law seeks to balance the society’s rights to discuss matters of relevance, while safeguarding a person’s constitutional right to a good name and reputation. Freedom of Speech is considered a very important right in the country. A libel claim can be triggered by a statement which tends to spoil the reputation of the subject.

The Defamation Act of 1961 was effective for almost half of a century along with the basal principles of the common law of tort. The Defamation Act of 2009 came into effect in January 2010 and was meant to annul the Defamation Act of 1961. It protects the interests of individuals.

This Act represents important changes in Irish law, as many were of the opinion that the law attached little significance to the freedom of the media in the past. On the other hand, it gave more value to the individual’s right to a good reputation. The Act is limited to a one-year period, but it can be extended to another year in exceptional situations.

Hiring a Dublin Solicitor

Whether you are seeking to defend yourself against a libel claim or you want to seek redress against someone that you feel has ruined your reputation by publicizing an untrue statement, what you need to do is to get the right solicitors.

The right defamation solicitors in Dublin will be able to evaluate the strength of your case and discuss the possibilities. They would have the necessary expertise and experience as regards every aspect of the Irish Defamation Law. These cases require expert advice because the wrong move can backfire and bring more unwanted publicity.

You need to weigh your options as regards your budget because these cases can be quite expensive. If you feel that the financial burden will be too heavy, you may want to reconsider. Your solicitor will guide you on this.

Other aspects that are very important to the case include:

  • Availability of evidence.
  • The financial state of the defendant.
  • The question of actual damage to your reputation.
  • The third-party.
  • The inclusion of the claimant’s identity in the statement.

With this guide, you will be able to know the right steps to take when making a defamation claim or defending yourself against one. The key to getting a win is having the right solicitors by your side.

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By financen | February 19, 2019 - 5:22 pm - Posted in Lawyers, Legal

After you sustain an injury at work, you need to start weighing your options and think of hiring an attorney if your condition is so severe yet the company isn’t cooperating. Most of the time, the management and their insurance board might be trying to outsmart you and pay less to nothing as benefits. You can then end up getting way less than you are supposed to. This article gives you important information you need to know to ensure that you don’t get cheated by your employer and their insurance company.

Can you represent yourself?

Yes. You can if your boss agrees that you were injured at work and you didn’t miss work because of the minor injury. Though, it is still advisable in some cases to check with professionals like Bryan Ramos, workers compensation lawyer for advice. They can help you avoid issues while guiding through the claim process.

When you should get a Lawyer

There are times when your compensation process might get difficult and complex. You need an attorney in cases such as:

  1. Slow or no processing of your benefits

It is very common that claims are rejected by the company’s management and insurance. Most workers don’t appeal when their claims get rejected. If you have a case like that, you should seek a lawyer’s assistance to get what you deserve. Most attorneys don’t ask for payment prior to taking such cases. So they will help even if you might not be sure of winning the case.

  1. The offered settlement seems too small

In the event that you don’t know if the offered settlement will be sufficient for your bills and the recovery time, get a lawyer.  It shouldn’t stress you even though a judge has signed the agreement. Read this: https://www.alllaw.com/articles/nolo/personal-injury/tips-getting-best-claim-settlement.html

  1. The injuries won’t let you get your old or any other job

If your illness or injuries are so severe that you become partially or completely disabled, you may qualify for a lump sum or payments weekly for life. Insurance companies dislike expensive claims so they might look for ways to avoid paying you a settlement.

  1. You get disability benefits from Social Security

An ill-structured settlement might result in you not getting anything from Social Security. A lawyer can draft your agreement to make sure that this does not happen.

  1. The management is trying to punish you after you filed for the claim

You need an attorney right away if your manager demotes you to a lower position, cut your pay, fire you, prevent you from working for the normal hours or discriminate against you because you filed the claim.  

  1. Sketchy doctor

Is the doctor recommended by your company trying to force you to go back to work even though you have not recovered fully? Or is he completing incorrect info about your illness in your file? It is a bad sign and you should transfer to another doctor. If you aren’t getting the best care and you aren’t allowed to transfer elsewhere, you should consider hiring a lawyer. So you get enough time and care to recuperate completely.

  1. There is an impending claim by a third party

The system for workers’ comp was created to deal with cases that are resolved from the civil wrongdoings. In any case, you can sue the company or insurance for carelessness if it added to the damage. Usually, the civil damage compensation much more than that of the employees’ comp since they allow claim emotional trauma.

 Workers Comp Lawyer
  1. You have disabilities prior to the accident

Sometimes, employers might utilize your previous condition to demonstrate that you should get less or no remuneration even though your prior conditions might have been exacerbated by the work-related injury.

Once you have completed every essential document and they did likewise, your lawyer will sort out medicinal proof to demonstrate that you were without a doubt harmed to the point that you require a lot of compensation. This is the best approach to ensure that your workers’ comp installments are greater. The aim of the Workers’ Compensation program is to ensure the rights of the workers are not taken for granted and their needs are taken care of. But as it is currently today, insurance companies and bosses have figured out how to tune the rules to their advantage. A competent workers’ comp lawyer in Atlanta can help you get the benefits that you deserve.

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By financen | February 3, 2019 - 2:33 pm - Posted in Law, Legal
Legal

Well, to begin with, here is hoping that you never find yourself in need of a lawyer! Clink your glasses, people! But since this is real life, chances are that you will need one. Maybe you will have a traffic accident, or there will be an inheritance dispute, or a shady neighbor may want to snatch away a piece of your property. In such cases, you want to make sure that your legal representative is a top-notch professional. So how do you recognize those? We put together a handy little overview of the essential qualities that all the best lawyers have!

Effective communication

This is kind of obvious, but still critically important, and it does not refer only to the conversations your lawyer will have with you. They have to be articulate and well spoken in every situation, and their written communication skills must be on point as well.

Of course they will have mastered the frozen formal vocabulary of their profession, but this is not always appropriate! You can learn more about this tricky balancing act at this link.

Moreover, a top tier attorney will have amazing listening skills as well. This will allow them to understand their clients better, and to follow through a complicated or contradictory testimony.

People skills

This ties in with the previous point, because at the end of the day, a lawyer works with living people. They therefore have to be able to read others well, to be persuasive, and personable.

This is the sort of “flip side of the coin” to the stuck up format of legal education, and it is critical not only in advising their clients, but in negotiating with their opponents as well.

People skills also translate to a versatile practice. For example, look at the Marriett Legal Rockford website: these guys offer a wide range of legal services, which means they have experience in dealing with all kinds of people and problems. The more versatile a legal entity is, the more reliable they are likely to be.

Efficient research

To prepare a legal strategy, a lawyer has to quickly and thoroughly digest insane amounts of data. Then they have to boil them down into a comprehensible, manageable, and genuinely useful action plan.

Therefore, they have to be able to research quickly and effectively, and they must have a list of reliable sources for any area just a few clicks away.

Analytical skills

Law

Good analysis abilities are a natural continuation of good research abilities.  Not only do the legal strategies your lawyer comes u with have to be useful, they have to make equal sense to the expert and to the layman alike.

This is especially critical in those situations (and believe us when we say, there are a lot of them!) when there is more than one logical solution, and more than one way to go about achieving your desired goals.

In order to choose the most suitable option for your situation, your attorney will have to be able to properly evaluate every possible path to take, all of their pros and cons, and possible consequences.

Critical judgement

A good lawyer will question everything. The best lawyer will question everything twice, and then double-check themselves.

It may sound a little like a scaredy-cat approach, but you want to predict any trouble and identify weak areas before they are brought up in front of a judge and jury of your peers. You can check out this informative page for the most common mistakes to avoid in a courtroom: https://www.cheatsheet.com/money-career/things-you-should-never-say-to-a-judge-while-in-court.html/

Proper critical judgement will also give you better insight into your opponent’s arguments, and enable you for more efficient decision making.

Creative thinking

With everything we said about lawyers being frozen formal, and considering how complex and rigid the nature of legality is, you might think: “Hang on, exactly how do lawyers and creativity mesh?!”

If you want to win, they better mesh well. Along with logic and critical thinking, a top tier attorney has to be creative in their problem solving approaches. Remember, your opponents are living lawyers too, and you will have to think outside the box to outsmart them.

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By financen | December 17, 2018 - 2:20 am - Posted in Legal, Real Estate

You might assume that buying land or a building is a relatively straightforward process. In reality, it can be complex and challenging and perhaps more than you can understand on your own.

Rather than go into the process totally uninformed, you might want to retain services that will help you be more assertive and confident during the proceedings. By hiring a lawyer experienced in buying, selling, and real estate closing austin tx clients like you can be properly informed and avoid doing anything that would be against the real estate laws in your state.

Legal Help with Selling

If you are a first-time seller, you may not know what is required of you when you put your property up for sale on the market. Selling often requires more than just listing the property for sale. You often have to follow a precise process that is designed to protect you as the seller and anyone who is interested in buying your property.

You can find out what is required of you and then follow through accordingly by hiring a real estate lawyer to represent you and your property. The lawyer can make sure you disclose all of the legal facts about the property. You also will be represented when the contract is signed by both parties.

Legal Help with Buying

A real estate lawyer can also assist you in buying a piece of property. If you are a first-time buyer, you may not be familiar with negotiating a price and then offering a sum of money for a down payment. You may also not be aware of contractual loopholes that will let you out of the transaction within a finite time frame.

The lawyer you hire to represent you can read through the contract and make sure it is legal and covers your best interests. He or she can then advise you of any loopholes about which you should be aware. You can sign the contract knowing you have been properly advised. The entire proceeding will have been done according to the law so both parties are protected.

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By financen | October 12, 2018 - 6:15 pm - Posted in Bail Bond, Law, Legal

Facing criminal charges is a complicated and stressful situation, particularly because the arrest restricts your freedom. Sitting in a jail cell means you’re separated from your loved ones and you can’t work effectively on forming your defense. Fortunately, the bail system provides a way to obtain release, but what if you can’t afford bail?

Once you’re arrested and booked, the next phase in the process is your arraignment and bail hearing. This is when the judge will determine how high to set your bail. In felony, or federal crimes, the bail is considerably high in most cases, due to the seriousness of the crimes. Most people simply don’t have the resources to pay a bail that can be thousands, or even hundreds of thousands, of dollars. This is where a service that pays felony and federal bail bonds Beaver County PA becomes useful.

Once bail is set, the defendant’s family members will have to consult the bail bond service to arrange for the bail to be posted. The service charges a smaller fee, which is usually a percentage of the required bail, and posts the bail in exchange. In most cases, the defendant, or family, will have to offer something as collateral, as well. Once the defendant appears for trial, the service gets its money back and the arrangement is ended.

However, if the defendant doesn’t show up for his trial date, the bail bond service will attempt to find and apprehend the defendant. Additionally, the family of the defendant may be held responsible for the full bail amount, which the bail bond service has lost to the courts. It’s important to realize that attempting to run, while out on bail, will have consequences for others, as well as for the defendant.

Arranging for release through a bail bond service is an opportunity for the defendant to regain his freedom. While he waits for his trial date, the defendant can hire an attorney, collect evidence, and talk to witnesses. In addition to developing a defense strategy, getting released on bail gives the defendant an opportunity to spend time with loved ones and make future arrangements. In this way, utilizing a bail bond service can be as important as choosing an attorney.

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By financen | October 9, 2018 - 6:30 pm - Posted in Law, Law Firm, Lawyers, Legal

Getting charged with a crime can be one of the scariest moments in a person’s life. If you or a loved one is arrested, it’s critically important to speak with an attorney who specializes in criminal offense as soon as possible. A criminal lawyer Fairfax VA may be able to help you protect the legal rights to which you’re constitutionally entitled.

What Happens After You Get Arrested?

Once you have been taken into custody by a police officer, you will be brought to a police station and entered into the system. A mug shot will be taken, and you will be fingerprinted. You will have the right to seek a lawyer to represent you at your arraignment, and in most instances, you will be given the opportunity to meet with that attorney before your hearing takes place. Your court hearing will typically take place within 48 hours of the time you were taken into custody.

Your Initial Court Hearing

At your arraignment, the charges against you and the penalties these charges carry will be explained to you. The rights to counsel and trial by jury will also be explained. You will be asked to enter a plea. If you plead “not guilty,” a trial date will be set; if you plead “guilty,” a sentencing date will be set. A plea of not guilty can be changed to a plea of guilty at a later date.

If you have pleaded not guilty, the judge will set the amount of bail you must put up in order to be released from custody pending your trial. If you are found not guilty in your subsequent trial, the Commonwealth of Virginia will return the entire amount of your bail to you.

Pre-Sentencing Reports

Judges typically rely upon pre-sentencing reports to help them determine the penalties they will impose. Pre-sentencing reports typically contain information about a defendant’s background, and they may also contain testimonials from people who know the defendant such as family members and friends. Often the judge will also take into account the experiences of the victims who were injured or whose property was damaged through the commission of the crime.

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By financen | August 23, 2018 - 4:15 pm - Posted in Law, Laws, Legal

In San Francisco, US, a judge rejected a request by Facebook to toss out a civil lawsuit against them. Facebook was accused of violating privacy rights with face recognition software to help ‘tag’ people in their pictures.

According to the US District Court Judge, James Donato, the lawsuit was filed by three Illinois residents under the auspices of the State Biometric Information Privacy Act.

The court said that the Facebook’s face recognition technology involves a scan of face geometry done without plaintiff’s consent.

In Illinois, the legislators had earlier passed the act to address emerging biometric technology such as facebook face-recognition software

In a motion to defense, Facebook had argued to dismiss that analyzing uploaded photographs did not qualify as biometric data and that the Illinois law did not apply.

As stated in the 24 page ruling, Facebook has now modified its terms of service to state that they are governed under California Law, but timing and circumstances permit the application of the Illinois act in the suit.

The court accuses Facebook of illegally collecting biometric data from faces in pictures and storing it secretly without consent for a feature that will allow people to tag friends by name at the social network sites.

Plaintiff’s lawyers contend that Facebook is in violation of Illinois law because biometric identifiers in the form of facial geometry are gathered, stored and then they are used for tagging suggestions at the California-based social network site without permission.

The suit has not clarified about the damages yet, and comes as Internet titans such as Facebook, Google. Others are investing heavily in artificial intelligence to understand and cater to users of online offerings.

 

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