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	<title>Court &#38; Law - Justice Blog &#187; Business</title>
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	<link>http://www.searchjustice.com/blog</link>
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		<title>The Importance of Business Attorneys When Starting a Business in California</title>
		<link>http://www.searchjustice.com/blog/the-importance-of-business-attorneys-when-starting-a-business-in-california/</link>
		<comments>http://www.searchjustice.com/blog/the-importance-of-business-attorneys-when-starting-a-business-in-california/#comments</comments>
		<pubDate>Tue, 20 Jul 2010 09:26:31 +0000</pubDate>
		<dc:creator>John Man</dc:creator>
				<category><![CDATA[Business]]></category>
		<category><![CDATA[Business Law Attorneys]]></category>
		<category><![CDATA[California Lawyers]]></category>
		<category><![CDATA[Pleasanton]]></category>

		<guid isPermaLink="false">http://www.searchjustice.com/blog/?p=255</guid>
		<description><![CDATA[Managing a business involves many concerns, especially in areas such as taxes, debts and finances, employees issue, contracts, etc. To concentrate your attention in managing your business, you will need someone to handle other matters. A California business law attorney can help you focus on all other considerations of managing a business: * Liability &#8211; [...]]]></description>
			<content:encoded><![CDATA[<p>Managing a business involves many concerns, especially in areas such as taxes, debts and finances, employees issue, contracts, etc. To concentrate your attention in managing your business, you will need someone to handle other matters. A California business law attorney can help you focus on all other considerations of managing a business:</p>
<p>* Liability &#8211; Engaging in business can put your property and assets at risk. An attorney can help you avoid situations or reduce risk.<br />
* Taxes &#8211; A lawyer knows that different business forms have different tax advantages and disadvantages. He is more experienced than you in this particular area.<br />
* Autonomy &#8211; In most states, they adopt &#8220;Uniform laws&#8221;. These rules and regulation govern business entities as a &#8220;fill-in&#8221; for gaps in charter or by-laws. Business lawyers know some of these rules, which you do not even know, exist.<br />
* Variety of entities &#8211; An attorney has better knowledge of business entities and the options that determine such things as double taxation, liability for partners, etc.<br />
* Capital &#8211; A business has to raise money, keep records of income and distribution, and behave in a fiscal manner.<br />
* Conformity &#8211; To ensure security and protection, a business has to conform and follow business laws. A lawyer can see to it that the law governing business is enforced and obeyed.<br />
* Multi-state business &#8211; A business that operates in different states is governed by laws of each state where each one is located. A legal counsel knows which law applies in each state where a business operates.<br />
* Control &#8211; Choosing a business form not suited to your interest can pose future problems with employees or partners.<br />
* Contracts &#8211; A business enterprise engage in many contracts, agreements and deal. A business law attorney can explain to you the details of the documents and help you decide which contract is beneficial to the company.</p>
<p>If you plan to establish a business in California, you have to undergo certain procedures to be able to conduct business and operate legally in the state. To be able to accomplish this, you will need the help of an experienced lawyer to assist you in the preparation and processing of documents.</p>
<p><a href="http://www.schwartzbusinesslaw.com">California business law attorneys</a> at <a href="http://www.schwartzbusinesslaw.com">The Law Offices of James G. Schwartz</a> is a commercial law firm specializing in representation of national, regional and local businesses financial and mortgage institutions, auto finance companies, retail companies. Mr. Schwartz has been representing local, regional and national companies since 1976. For more information, please visit their site at SchwartzBusinessLaw.com .</p>
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		<title>Finding a Credit Attorney</title>
		<link>http://www.searchjustice.com/blog/finding-a-credit-attorney/</link>
		<comments>http://www.searchjustice.com/blog/finding-a-credit-attorney/#comments</comments>
		<pubDate>Thu, 13 May 2010 09:22:04 +0000</pubDate>
		<dc:creator>John Philips</dc:creator>
				<category><![CDATA[Business]]></category>
		<category><![CDATA[Credit Attorneys]]></category>
		<category><![CDATA[Ohio Creditor Rights]]></category>
		<category><![CDATA[Ohio Debtor Rights]]></category>

		<guid isPermaLink="false">http://www.searchjustice.com/blog/?p=211</guid>
		<description><![CDATA[When credit problems get bad, how should you go about finding a credit attorney? First determine what exactly the problem is and what you expect a credit attorney to do about it. If the problem is that you’re in debt with legitimate charges, then don’t expect a credit attorney to work any miracles. What will [...]]]></description>
			<content:encoded><![CDATA[<p>When credit problems get bad, how should you go about finding a credit attorney?  First determine what exactly the problem is and what you expect a credit attorney to do about it.  If the problem is that you’re in debt with legitimate charges, then don’t expect a credit attorney to work any miracles.  What will most likely happen is that you will either get an education in how to manage your money (which is available online or in the library for free) or you will be offered debt relief services. Debt relief services are when a company (or their associated lawyer) speaks to creditors on behalf of you, hoping to talk them down to a reduced payoff.</p>
<p>If this is the type of lawyer you are looking for, then make sure that you are dealing with a reputable firm.  Recently, there have been numerous reports of scam artists impersonating real debt consolidation companies. You can usually tell if this is the case by the statements that the company or attorneys make. They want money upfront and promise you either too much or too little.  Real debt consolidation companies refinance your consolidated debt.  This is the primary reason to get involved with them.  If a lawyer can help you with this aspect of credit, and if he had affordable rates, then it may be an option worth considering.</p>
<p>Finally, you have the disputes credit attorney, who specializes in communicating with credit bureaus over false charges.  Whether these charges are due to fraudulent activity or a computer error is irrelevant; this lawyer is fighting for your right to remove any illegal items from your credit report.  In considering how to find a credit attorney such as this, start by carefully examining the attorney’s experience.  You can do this by looking over their company website and by speaking to the attorney during a free consultation.  </p>
<p>Established in 2002, Barren &#038; Merry attorneys offer 30 years of combined legal experience primarily centered on preserving Ohio creditor rights. Their practice is focused on the representation of all types of creditors, lenders, and financiers, especially with respect to protecting their Ohio creditor rights and interests as debt holders.</p>
<p>Matters involving creditor or debtor rights in Ohio can be extremely complex cases involving commercial litigation at the trial and appellate levels before state and federal courts. To ensure a successful strategy and optimal outcome, they advise their clients about Ohio creditor rights and Ohio debtor rights, as well as guide them through the legal maze that often surrounds business litigation and credit-collection cases.</p>
<p>In cases involving creditors rights in Ohio, as well as debtors rights in Ohio, the attorneys at <a href="http://www.barrenandmerry.com">Barren &#038; Merry Co, L.P.A.</a> offer their clients the rare combination of small firm attentiveness with the high caliber of expertise that can only be gained by having worked on the most complex of legal cases.<br />
To receive knowledgeable counsel about <a href="http://www.barrenandmerry.com">Ohio creditor and debtor rights</a>, and skilled, cost-effective legal assistance for your particular case, please contact the attorneys at Barren &#038; Merry Co, L.P.A or by filling out the email form online.</p>
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		<title>Arizona Business Lawyers</title>
		<link>http://www.searchjustice.com/blog/arizona-business-lawyers/</link>
		<comments>http://www.searchjustice.com/blog/arizona-business-lawyers/#comments</comments>
		<pubDate>Mon, 15 Mar 2010 03:52:27 +0000</pubDate>
		<dc:creator>Gary Murphy</dc:creator>
				<category><![CDATA[Business]]></category>
		<category><![CDATA[Arizona Lawyers]]></category>
		<category><![CDATA[Business Attorney]]></category>
		<category><![CDATA[Phoenix]]></category>

		<guid isPermaLink="false">http://www.searchjustice.com/blog/?p=205</guid>
		<description><![CDATA[Starting your own business can be one of the most stressful events in your life. This is because of the numerous things you need to attend to in setting up you business, including getting the necessary permits, looking for a location, and hiring employees. Among these, one of the most complicated things to do is [...]]]></description>
			<content:encoded><![CDATA[<p>Starting your own business can be one of the most stressful events in your life. This is because of the numerous things you need to attend to in setting up you business, including getting the necessary permits, looking for a location, and hiring employees. Among these, one of the most complicated things to do is to review the lease agreements and other legal documents that you need for the operations of your business. One of the reasons why doing so can become a challenge is because not everyone can fully appreciate the legal languages that are in these documents. This is especially true if the place where you are starting your business has some of the most stringent laws with regard to leases and other legal matters. One such place is Arizona, which has some of the most stringent laws with regard to business as a result of the healthy and varied business profile of the state.</p>
<p>Given the need for you to get legal advice on the different contracts you would be entering into in your business, getting a business lawyer becomes a necessity because, apart from giving you advice on contracts and other matters, like zoning laws, business lawyers can also negotiate on your behalf. However, looking for a good business lawyer requires that you do an adequate amount of research so that you can find the best lawyer for your business. One of the best ways to do so is to ask for referrals from friends or from your accountant. In addition to this, you can also ask the Arizona Bar Association if they can refer you to some of their members who specialize in business law. Another good place to look is the Internet, which is host to a number of web site of lawyers and law firms.</p>
<p>After doing the initial research, you can now interview your prospects where you can ascertain whether the lawyer can really help you. One of the most important things you should do during these interviews is to explain your business to the lawyer and ask him about the ways that he can help you.</p>
<p>Starting a business can be very stressful, especially if you have to review a number of legal documents, which are sometimes very hard to understand. However, you can reduce the stress that you feel by hiring a business lawyer because doing so will give you access to good legal advice on legal matters and give you the assistance you need in negotiations and other important matters.</p>
<p>The attorneys of <a href="http://www.businesslawarizona.com">The Meier Law Firm, PLC</a> are a dedicated <a href="http://www.businesslawarizona.com">business law firm in Phoenix, Arizona</a> with the purpose of providing individuals and businesses with high quality, efficient legal solutions to help them achieve important business goals. They offer a variety of transactional services to meet those needs, from company formation, drafting contracts, providing risk management and regulatory advice, to helping with the sale or purchase of a business. </p>
<p>When you hire The Meier Law Firm, PLC, Attorney Tony Meier directly handles your business or real estate matter. This type of attention is highly focused, personal, and results-oriented from your initial consultation until the completion of your legal matter. The Meier Law Firm, PLC does not work on the traditional law firm system of the billable hour. They utilize an innovative flat fee structure for all services to be cost-effective for your business and manage your legal services budget.  You receive a fee quote for the services you need upfront. This way you know your fee in advance and will have no surprises when the bill arrives. To discuss how Tony Meier can help you with your business and real estate legal matters, contact The Meier Law Firm, PLC today.</p>
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		<title>Business Litigation Attorney in Miami, Florida</title>
		<link>http://www.searchjustice.com/blog/business-litigation-attorney-in-miami-florida/</link>
		<comments>http://www.searchjustice.com/blog/business-litigation-attorney-in-miami-florida/#comments</comments>
		<pubDate>Mon, 30 Mar 2009 06:32:29 +0000</pubDate>
		<dc:creator>John Man</dc:creator>
				<category><![CDATA[Business]]></category>
		<category><![CDATA[Business Attorneys]]></category>
		<category><![CDATA[Florida Lawyers]]></category>
		<category><![CDATA[Miami Business Litigation Attorneys]]></category>

		<guid isPermaLink="false">http://www.searchjustice.com/blog/?p=109</guid>
		<description><![CDATA[Every business needs legal counsel and hiring a proven business attorney to advocate for and protect the interests of your company saves money and brings peace of mind. There are an unlimited number of situations in South Florida&#8217;s commercial environment that involve business and legal procedures, but the panorama can be broken down into traditional [...]]]></description>
			<content:encoded><![CDATA[<p>Every business needs legal counsel and hiring a proven <a href="http://www.payton-law.com">business attorney</a> to advocate for and protect the interests of your company saves money and brings peace of mind. There are an unlimited number of situations in South Florida&#8217;s commercial environment that involve business and legal procedures, but the panorama can be broken down into traditional categories.</p>
<p>Whether the subject matter involves services or goods, agreements are an indispensible component to business transactions. In fact, it is no exaggeration to say that the art of drafting and interpreting contracts is the foundation of all business law.</p>
<p>One of the major functions of the business law practitioner is to provide comprehensive and accurate review of the provisions to an agreement and ensure that the parties understand the terms of the transaction into which they are entering. Similarly, a trained business attorney is skilled at listening to the parties and writing contractual clauses that clearly and precisely reflect their intentions. The attorney&#8217;s ability to accomplish these tasks directly bears on both the likelihood of disputes arising between the parties down the road and the possibility of incurring penalties as a result of non-compliance with rules and regulations.</p>
<p>Bear in mind that parties to an agreement will always have at least some adverse interests. Accordingly, in most instances contracts should be reviewed, negotiated, and/or drafted by separate counsel representing each party individually. The reality is that the party with the more skilled business lawyer is likely to come away with certain advantages.</p>
<p>Another real-life consideration is the business attorney&#8217;s demeanor. Business negotiations are a very delicate matter. One of the fears business professionals have is that after they have laid the groundwork for a business relationship with another party, their attorney will show up and wreck the deal by aggressively seeking more favorable terms and/or by bringing up issues that lead to conflict. To be fair to the attorney, he or she is only trying to look out for the client in this situation. However, the bottom line for the client in such a case is that the deal is gone. It requires a certain amount of wisdom and grace on the part of business counsel to ascertain the situation, weigh the consequences of making certain statements against not making them, and choose the appropriate comportment in order to walk the fine line that leads to true advocacy of the client.</p>
<p>The subject of business litigation is one that must be fully and frankly considered since business ventures and business relationships often do not work out as planned. Some business attorneys focus their practice on litigation and dispute resolution. Such practitioners are business litigators, and they have a different skill set from the transactional lawyers that draft and negotiate contracts.</p>
<p>First, the steps involved in litigation are complex, and failure to following proper procedures invariably leads to delay, expense, and/or defeat. To further complicate matters, there are several different codes of civil procedure that apply depending upon the issue, amount in controversy, and the county. Many times you may need a business attorney just to determine in which courthouse to file the lawsuit.</p>
<p>A business litigator knows the correct legal forms to use and the proper procedures for each courthouse. Also, the litigator is adept at presenting the facts of the case and the legal support for the client&#8217;s claim both on paper, in the form of a pleading, and before a judge, in the form of oral arguments. Each of these can be daunting tasks for a business professional without legal training and experience. Where the amount of money in question is relatively small, the business professional may bring the matter in Small Claims Court prose, where some judges may have more patience with non-lawyers. Many times, however, it is a bad idea to go into even a small claims matter without a qualified business attorney. Some judges dislike non-lawyers representing themselves or their companies because they invariably make mistakes and end up wasting the court&#8217;s time. Once the amount in controversy gets over a certain limit, the court will require that business entities be represented by legal counsel and failure to do so will mean losing the case.</p>
<p>Hence finding a business attorney is really essential for your business. If you are in Miami, the commercial litigation law firm <a href="http://www.payton-law.com">Payton &#038; Associates, LLC</a> is available to help your litigation. The firm is led by Harry A. Payton, one of a small percentage of attorneys who is Florida Bar Board Certified in the specialties of business litigation and civil trial. More than 4000 lawyers in Florida are board certified; and Payton is one of only 205 that are certified in both civil trial and business litigation.</p>
<p>Payton &#038; Associates is committed to achieving the best results for clients by approaching litigation with common sense, adhering to the highest professional and ethical standards, and providing services of value. Payton &#038; Associates believes that professionalism is as important to every lawyer&#8217;s stature as is technical skill. The business litigation lawyers have earned a reputation for excellence and integrity.</p>
<p>A distinguishing characteristic of this firm is the creative and innovative approach to the business of business litigation. Payton &#038; Associates focuses on effective litigation strategies and the importance of what constitutes a successful outcome in litigation. Payton &#038; Associates applies common sense, fairness, and flexible billing arrangements to ensure that the clients receive value for the services it renders.</p>
<p>When the need arises, a business litigation lawyer can represent you in any legal proceeding that may arise from any lawsuit against you or your business.</p>
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		<title>Business Lawyers in Ft. Lauderdale &amp; Miami, Florida</title>
		<link>http://www.searchjustice.com/blog/business-lawyers-in-ft-lauderdale-miami-florida/</link>
		<comments>http://www.searchjustice.com/blog/business-lawyers-in-ft-lauderdale-miami-florida/#comments</comments>
		<pubDate>Wed, 25 Mar 2009 09:20:27 +0000</pubDate>
		<dc:creator>Jessica</dc:creator>
				<category><![CDATA[Business]]></category>
		<category><![CDATA[Business Law]]></category>
		<category><![CDATA[Florida Lawyers]]></category>
		<category><![CDATA[Miami Business Attorneys]]></category>

		<guid isPermaLink="false">http://www.searchjustice.com/blog/?p=76</guid>
		<description><![CDATA[Hiring a business attorney is very important, as you will need their guidance from the stage when you are contemplating to start a business. There are several, important reasons for hiring a business attorney. You will need to consult an attorney to even decide which kind of business entity you are going to start. They [...]]]></description>
			<content:encoded><![CDATA[<p>Hiring a <a href="http://www.reimer-rosenthal.com">business attorney</a> is very important, as you will need their guidance from the stage when you are contemplating to start a business. There are several, important reasons for hiring a business attorney. You will need to consult an attorney to even decide which kind of business entity you are going to start. They will guide you regarding the steps involved in starting the business entity and make sure all the legal requirements such as licenses, permits etc are obtained and that you can operate the business without troubles or worries that you may get caught for operating without a license and thereby face business closure. Business attorneys will be able to correctly guide you in every aspect of the business and are extremely vital for the success of a business.</p>
<p>Reasons for hiring a business attorney:</p>
<p>• The expertise of an attorney is needed to decide which kind of business structure i.e. corporation, LLC, LLP, Sole proprietorship etc. to opt for while deciding to start a business.</p>
<p>• Business attorneys are needed while forming a business entity, their advice and guidance is needed while forming articles of incorporation etc.</p>
<p>• They are needed for obtaining licenses and permits necessary, negotiate lease of office or retail space.</p>
<p>• They are necessary while filing a patent or registering a trademark, registering your business for federal and state tax identification numbers, help you file the tax forms according to the kind of entity your business is.</p>
<p>• Attorneys are needed to prepare contracts when you deal with suppliers, clients, as well as help guide you while signing contracts other people have prepared.</p>
<p>• Attorneys are needed to guide you regarding banking and financing, business negotiations, business planning and transactional business laws.</p>
<p>• Expertise of a qualified attorney is needed while acquisitions, mergers, sale of business or closure of business etc.</p>
<p>• Their guidance is necessary regarding civil, intellectual, labor, and environmental laws.</p>
<p>• They are hired to deal with litigations if any.</p>
<p>The reasons for hiring a Business Attorney are therefore many and attorneys are the backbone of any business entity. Hiring a good business attorney is a positive step taken towards success of the business venture. It is better to hire a large, reputed firm of attorneys as although the fee may be large you get the expertise of lawyers specializing in different areas of law. If you hire a sole practitioner, you may have to hire several different lawyer in due course of time. A reputed firm like <a href="http://www.reimer-rosenthal.com">Reimer Rosenthal</a> has all the legal expertise you may need, “under one roof.”</p>
<p>Reimer Rosenthal is an elite business law firm representing both local and national clients in a wide spectrum of business issues, topics and disciplines. The firm serves many of its clients as their general counsel in Ft. Lauderdale and Miami, Florida.</p>
<p>This premier law boutique was founded in 1997, by attorneys with law and business degrees from some of the finest universities in the country. With extensive experience in complex business matters and legal disputes, these lawyers have been able to achieve tremendous success for their clients.</p>
<p>As there are many important reasons for hiring a business attorney, it is necessary to hire an experienced, reputed business attorney to guide your business towards the achievements of its goals. Several firms offer their services and professional help to make the process of starting and running a business easy.</p>
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		<title>SMALL BUSINESS WEBSITE DESIGN OVERVIEW</title>
		<link>http://www.searchjustice.com/blog/small-business-website-design-overview/</link>
		<comments>http://www.searchjustice.com/blog/small-business-website-design-overview/#comments</comments>
		<pubDate>Thu, 24 Apr 2008 07:45:46 +0000</pubDate>
		<dc:creator>Andrew Ashworth</dc:creator>
				<category><![CDATA[Business]]></category>

		<guid isPermaLink="false">http://www.searchjustice.com/blog/?p=16</guid>
		<description><![CDATA[Just as with the brick and mortar store, it is wise to know ones customer wants and desires when creating an online store. By doing a little research upfront will save many headaches down the road. Small business websites come in all shapes and sizes from small to large. Just because you are a small [...]]]></description>
			<content:encoded><![CDATA[<p>Just as with the brick and mortar store, it is wise to know ones customer wants and desires when creating an online store. By doing a little research upfront will save many headaches down the road.</p>
<p><a TARGET="blank" HREF="http://www.biz123.com/">Small business</a> websites come in all shapes and sizes from small to large. Just because you are a small business doesn&#8217;t mean you can&#8217;t have a large website. It&#8217;s essential that your communicate your message effectively. It&#8217;s also important to collect email address of your interested prospects. Setting up a subscriber list with an auto responder is an easy way to accomplish this important task.</p>
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		<title>How to Avoid Malpractice with Small Business Loans</title>
		<link>http://www.searchjustice.com/blog/how-to-avoid-malpractice-with-small-business-loans/</link>
		<comments>http://www.searchjustice.com/blog/how-to-avoid-malpractice-with-small-business-loans/#comments</comments>
		<pubDate>Tue, 25 Mar 2008 07:47:02 +0000</pubDate>
		<dc:creator>Casey McConnell</dc:creator>
				<category><![CDATA[Business]]></category>

		<guid isPermaLink="false">http://www.searchjustice.com/blog/?p=14</guid>
		<description><![CDATA[Small business funding malpractice is a concern when there is a serious failure of professional duty. When commercial borrowers are seeking commercial loans, malpractice can occur with both lenders and brokers for business loans and commercial mortgages. We have published a special report addressing one of the biggest recent causes of malpractice involving business financing [...]]]></description>
			<content:encoded><![CDATA[<p>Small business funding malpractice is a concern when there is a serious failure of professional duty. When commercial borrowers are seeking commercial loans, malpractice can occur with both lenders and brokers for business loans and commercial mortgages.</p>
<p>We have published a special report addressing one of the biggest recent causes of malpractice involving <a TARGET="blank" HREF="http://www.roundbusiness.com/">business financing</a> and commercial real estate loans. Most commercial borrowers are probably aware that chaotic conditions started impacting residential real estate beginning about 12 months ago. This has produced problems for commercial borrowers since it has resulted in numerous former residential lenders and brokers now attempting to execute business loans because their previous residential lending activities have all but dried up.</p>
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		<title>Harnessing The Power Of Online Home Based Business</title>
		<link>http://www.searchjustice.com/blog/harnessing-the-power-of-online-home-based-business/</link>
		<comments>http://www.searchjustice.com/blog/harnessing-the-power-of-online-home-based-business/#comments</comments>
		<pubDate>Wed, 30 Jan 2008 07:09:57 +0000</pubDate>
		<dc:creator>Walter Cross</dc:creator>
				<category><![CDATA[Business]]></category>

		<guid isPermaLink="false">http://www.searchjustice.com/blog/?p=10</guid>
		<description><![CDATA[There are those who assert that running a home business is a time of leisure. If you currently are a home based business entrepreneur you have undoubtedly run into some of them. They will ask you to function as last minute babysitter, errand runner, stand in for a variety of functions or simply being a [...]]]></description>
			<content:encoded><![CDATA[<p>There are those who assert that running a <a href="http://www.homebusinesscentral.info">home business</a> is a time of leisure. If you currently are a home based business entrepreneur you have undoubtedly run into some of them. They will ask you to function as last minute babysitter, errand runner, stand in for a variety of functions or simply being a sounding board when nobody else has the time to talk. To many, this is an annoyance that is grudgingly borne not because of a feeling of friendship or obligation but because deep down inside there is the nagging feeling that they are living their dream and there is just a bit of guilt that goes along with that.</p>
<p>For all those who are tempted to give in to this odd feeling of guilt it is important to remember that nothing you are accomplishing is coming to be without the hard work, time, effort and often late nights you are putting into it. Furthermore, just because you are working from home does not mean that you are not working just as hard as someone who has to commute for an hour each day to get to their place of employment. With such hard work come the perks and benefits and harnessing the life changing power of an online home based business is your right and opportunity not a windfall that should have you feel guilty.</p>
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		<title>Business &amp; the Legal Process</title>
		<link>http://www.searchjustice.com/blog/business-the-legal-process/</link>
		<comments>http://www.searchjustice.com/blog/business-the-legal-process/#comments</comments>
		<pubDate>Thu, 08 Nov 2007 07:27:55 +0000</pubDate>
		<dc:creator>Nicolas</dc:creator>
				<category><![CDATA[Business]]></category>

		<guid isPermaLink="false">http://searchjustice.com/blog/?p=5</guid>
		<description><![CDATA[Whatever business one is involved in, and since humans are opinionated creatures, there are inevitably situations that will arise causing disputes. This may be a simple misunderstanding, may be lack of provision of quality goods or services or even failure of one of the parties to adhere properly to an agreed contract, gratuitous or otherwise. [...]]]></description>
			<content:encoded><![CDATA[<p>Whatever business one is involved in, and since humans are opinionated creatures, there are inevitably situations that will arise causing disputes. This may be a simple misunderstanding, may be lack of provision of quality goods or services or even failure of one of the parties to adhere properly to an agreed contract, gratuitous or otherwise.</p>
<p>At some point in time it is likely that one will end up in a legal dispute of some sort thus I feel it is prudent to devote some time to this.</p>
<p>A standard legal process has nine steps. :</p>
<p>Jurisdiction &#8211; If a court is to hear a case it must have jurisdiction to hear the matter and the power to bind the parties.</p>
<p>Pleadings &#8211; they are the necessary paperwork for the trial to begin. The plaintiff files the initial paperwork, referred to as a complaint or petition. In this paperwork the plaintiff will assert that the defendant has done a wrong and requests a remedy.</p>
<p>Discovery &#8211; Lawyers at this point in the process will gather together necessary information and witnesses before a trial. It is important to note that each side is allowed to see the evidence held by the other side. There should be no surprises.</p>
<p>Pre-trial conference &#8211; these are often held for federal civil cases and at this meeting lawyers and the judge try to organise and narrow the issues of the case to the most important ones to make the trial more efficient. At this point out-of-court settlements will often occur.</p>
<p>Trial &#8211; the trial is proceedings before the court. If a jury is selected the selection process is often referred to as voir dire. The jury decides the factual disputes and the judge interprets the law and instructs the jury. Should it be that the plaintiff&#8217;s case carries no merit a summary judgement can be made by the judge, effectively ending the case without further trial.</p>
<p>Jury instruction by the Judge and the Verdict &#8211; The judge instructs the jury about the issues of law involved in its decision. The jury will then determine the facts and penalty within its authority.</p>
<p>Post-trial motions. This includes asking the court for a retrial and indicating why a new trial is warranted, the main reasons normally being errors of law or procedure, jury misconduct or unusual damage awards.</p>
<p>Appeal &#8211; Generally, each party of a lawsuit is entitled to one appeal at an appellate court. The paperwork supporting the basis for an appeal is referred to as a brief. It is filled with lengthy arguments and with citations of prior court decisions and applicable statutes to make the case for a new trial.</p>
<p>Secure or Enforce the judgement &#8211; Basically speaking, this can be as simple as send the person to prison or collect the money.</p>
<p>Parties can of course, settle a business dispute without the courts and bring in a neutral peacemaker who has two main methods at his/her disposal.</p>
<p>Mediation &#8211; the mediator has a non binding authority to direct the parties to a fair settlement. The parties can, however, back out if they do not like the decision.</p>
<p>Arbitration &#8211; an arbitrator has the power to bind the parties of a dispute. The decision is final and there are no appeals and the arbitrators are registered trained professionals.</p>
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