Legal Guardianship Forms

Accepting Legal Guardianship of a child is a very tricky issue. The legalities involved in accepting the guardianship are sometimes very tedious and irritating. Still, if you are interested in becoming the Legal Guardian of a child, you have to bear in mind the problems you are likely to encounter. You wouldn't like your personal life to be monitored by the court or anyone else, including the child's parents. Your guardianship can be cancelled any time by the child's parents. All the schools or hospitals may not accept your guardianship straight away. At the initial stages, it may be difficult to establish a rapport with the child, and once it is established, the child may not be willing to go back to his parents if they change their mind and revoke the guardianship. You may be required to fill a variety of Legal Forms to fulfill all the formalities as a Legal Guardian.

You can purchase the forms from your local bookstore, get them from a lawyer or download them from the Internet. You cannot afford to be complacent just by getting the form and filling it. You need to check the validity of the form. It may or may not be applicable to the state laws where you are located. It may not conform to the latest legal procedures, since the legal processes keep on changing with the changing social, political and economic conditions at the national or the state level.

It is, therefore, advisable to visit the local law center or the library to check the latest 'official' version. Or you can visit the court to get 'court-specific' forms, which are available from the court clerk for little or no charge.

Legal Guardianship Forms

You can seek the advice of someone who has already gone through this process and knows the ins and outs of the whole affair. A person with first-hand experience can provide valuable advice.

Here is a note of warning. Read the instructions on the form carefully before filling it. Skipping them may lead to unpleasant legal consequences.

Legal Guardianship Forms
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Legal Forms provides detailed information about legal forms, business legal forms, divorce legal forms, free legal forms and more. Legal Forms is the sister site of Medical Power Of Attorney.

Appropriate Objections in a Deposition

Have you ever taken a deposition and had your opponent continually assert inappropriate objections? One after the other: "Irrelevant;" "hearsay;" "assumes facts not in evidence," "calls for an opinion." Obnoxious, isn't it?

Or worse yet, an attorney makes speaking objections blatantly designed to coach the witness, such as: "Calculated to mislead the jury into believing his side of the story, i.e., that the cardiologist failed to review the abnormal EKG and focused exclusively on the mucus in the lungs, when in fact the evidence suggests that the EKG was not conducted until after this witness examined the patient. I instruct the witness not to answer on the grounds that doing so would be prejudicial."

Considering that depositions cost a thousand dollars or more to take and sometimes require weeks or months to convene, inappropriate objections can be pretty infuriating. This begs the question: Which objections are appropriate in a deposition?

Appropriate Objections in a Deposition

The first thing to remember is that depositions are for conducting discovery. And the scope of permissible discovery includes "any matter not privileged, that is relevant to the subject matter involved . . . [that is] itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence." Code of Civil Procedure §2017.010.

Therefore, at all times during a deposition, be attuned for questions that seek information that is privileged, not relevant to the subject matter or that are not reasonably calculated to the discovery of admissible evidence. Objections to such questions, if well-taken, are most likely to be proper.

Privileges are fairly easy to grasp and "not reasonably calculated" questions are those questions that could only logically uncover inadmissible matter. The harder concept to understand is "not relevant to the subject matter." This is not the same thing as "relevancy" as a test for "admissibility," as used in Evidence Code §350. Rather, "relevant to the subject matter" for purposes of discovery is best thought of as helpful for evaluating the case, preparing for trial or facilitating settlement. Gonzalez v. Superior Court (City of San Fernando) (1995) 33 Cal. App.4th 1539, 1546.) Also, there is a balance that comes into play when probing into irrelevant matter. Courts consider whether the benefit of allowing the discovery outweighs the burden. See, Bridgestone/Firestone v. Superior Court (Rios) (1992) 7 Cal.App.4th 1384, 1391.

The main thing to remember is that the scope of permissible discovery is very broad. "Reasonably calculated to lead to the discovery of admissible evidence" means that you are allowed to probe into areas that may themselves not be admissible, if doing so would shed light on other evidence that is admissible. See, Greyhound Corp. v. Superior Court (Clay) (1961) 56 Cal.2d 355, 384. Therefore, the scope of proper grounds for objecting to questions in a deposition is narrower than at trial.

For example, it is permissible to ask a deponent questions that call for hearsay, information that might itself be technically irrelevant to an issue or that calls for an opinion, even from a lay witness. The answers to those questions might be inadmissible at trial, but might lead to follow-up questions that uncover admissible evidence. Thus, objections such as "hearsay," "irrelevant" and "calls for an opinion" are generally improper in a deposition.

Case law specifically allows asking questions that call for hearsay in a deposition because it might lead to other admissible evidence. Smith v. Superior Court (Alfred) (1961) 189 Cal.App.2d 6, 11-12. Likewise, it is permissible to seek information that is cumulative, so an objection on that ground would be improper. TBG Ins. Services v. Superior Court (Zieminski) (2002) 96 Cal.App.4th 443, 448. The one exception to this general rule involves discovery taken from non-parties, against whom fishing excursions far afield of the issues are not likely to be permitted.
Asserting a privilege is a proper objection in a deposition. Such privilege objections include attorney-client (Evid. Code §950), doctor-patient (Evid. Code §990), psychotherapist-patient (Evid. Code §1010), clergy-penitent (Evid. Code §1030), slef-incrimination (Evid. Code §940), spousal communications (Evid. Code §980), trade secrets (Evid. Code §1060), tax returns (Webb v. Standard Oil (1957) 49 Cal.2d 509, 513-514), matters discussed in mediation (Evid. Code §1152), and others.

The next group of proper objections in a deposition involve objections to the form of the question. Under Code of Civil Procedure §2025.460, subdivision (b), unless objections to the form of a question are raised in the deposition, they are waived. Such objections include assertions that the question is ambiguous, confusing, compound, calls for an undue narrative, calls for speculation, is argumentative or leading.

These objections need not be controversial. If your opponent objects to the form of your questions, do not butt heads about whether the objection was proper or not. Simply rephrase your question and move on.

I have seen defense attorneys intimidate plaintiffs and inexperienced plaintiffs' attorneys in depositions by taking out a copy of the complaint and asking the plaintiff to explain the legal contentions. These are improper questions in a deposition and objections to them would be well-taken. See, Rifkind v. Superior Court (Good) (1994) 22 Cal.App.4th 1255, 1259. Asking the plaintiff questions about factual contentions from the complaint, however, is permissible.
I have also seen attorneys instruct their clients not to answer questions following objections. This is only proper if the objection involves a privilege. Indeed, Code of Civil Procedure §2025.460, subdivision (a) actually requires you to object to a question and instruct your client not to answer in order to preserve the privilege objection or it is waived.

But instructing a witness not to answer a question on any other grounds is improper. Stewart v. Colonial Western Agency (2001) 87 Cal.App.4th 1006, 1015. It is also annoying, since it impedes the flow of information and tends to embolden the witness to look to the lawyer for a side door any time the questions get tough.

Other proper grounds for objection in a deposition include objections to defects in the deposition notice, defects regarding the oath or affirmation, and objections involving misconduct by a party, an attorney for a party or the court reporter.

Appropriate Objections in a Deposition
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Knowing the difference between proper and improper objections in a deposition will make you a better lawyer. For more information go to http://www.levinsonlawgroup.com

Gordon Levinson has successfully represented hundreds of cases in California. A graduate of University of San Francisco School of Law, Gordon now uses his insurance-defense experience representing injured plaintiffs.

For more information, contact the Levinson Law Group at 1-866-643-HURT (4878), or at http://www.LevinsonLawGroup.com

6 Key Elements of a Contract

1. Offer. An offer can be oral or written as long as it is not required to be written by law. It is the definite expression or an overt action which begins the contract. It is simply what is offered to another for the return of that person's promise to act. It cannot be ambiguous or unclear. It must be spelled out in terms that are specific and certain, such as the identity and nature of the object which is being offered and under what conditions and/ or terms it is offered.

2. Acceptance. As a general proposition of law, the acceptance of the offer made by one party by the other party is what creates the contract. This acceptance, as a general rule, cannot be withdrawn, nor can it vary the terms of the offer, or alter it, or modify it. To do so makes the acceptance a counter-offer. Though this proposition may vary from state to state, the general rule is that there are no conditional acceptances by law. In fact, by making a conditional acceptance, the offeree is rejecting the offer. However the offerer, at his choosing, by act or word which shows acceptance of the counter-offer, can be bound by the conditions tendered by the offeree.

3. Consideration. Consideration for a contract may be money or may be another right, interest, or benefit, or it may be a detriment, loss or responsibility given up to someone else. Consideration is an absolutely necessary element of a contract. As a word of caution, it should be noted that consideration has to be expressly agreed upon by both parties to the contract or it must be expressly implied by the terms of the contract. A potential or accidental benefit or detriment alone would not be construed as valid consideration. The consideration must be explicit and sufficient to support the promise to do or not to do, whatever is applicable. However, it need not be of any particular monetary value. Mutual promises are adequate and valid consideration as to each party as long as they are binding. This rule applies to conditional promises as well. As additional clarification, the general rule is that a promise to act which you are already legally bound to do is not a sufficient consideration for a contract. The courts determine the application.

6 Key Elements of a Contract

4. Capacity of the Parties to Contract. The general presumption of the law is that all people have a capacity to contract. A person who is trying to avoid a contract would have to plead his or her lack of capacity to contract against the party who is trying to enforce the contract. For example, he would have to prove that he was a minor, adjudged incompetent or drunk or drugged, and so forth. Often this is the most difficult burdens of proof to overcome due to the presumption of one's ability to contract.

5. Intent of the Parties to Contract. It is a basic requirement to the formation of any contract, be it oral or written, that there has to be a mutual assent or a "meeting of the minds" of the parties on all proposed terms and essential elements of the contract. It has been held by the courts that there can be no contract unless all the parties involved intended to enter into one. This intent is determined by the outward actions or actual words of the parties and not just their secret intentions or desires. Therefore, mere negotiations to arrive at a mutual agreement or assent to a contract would not be considered an offer and acceptance even thought the parties agree on some of the terms which are being negotiated. Both parties must have intended to enter into the contract and one can not have been misled by the other. That is why fraud or certain mistakes can make a contract voidable.

6. Object of the Contract. A contract is not enforceable if its object is considered to be illegal or against public policy. In many jurisdictions contracts predicated upon lotteries, dog races, horse races, or other forms of gambling would be considered illegal contracts. Yet in some states these types of contracts are valid. Federal and some state laws make contracts in restraint of trade, price-fixing and monopolies illegal. Therefore, a contract which violates those statutes would be illegal and unenforceable. This is true for drugs and prostitution or any other activity if considered criminal.

6 Key Elements of a Contract
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The information contained in this article is for informational purposes only and should not be construed to give any legal advice. I've been a practicing paralegal for over 25 years and am interested in providing information based on my training and experience in various aspects of the law.

Understanding Wrongful Termination Law

There is no getting around the fact that Arizona employment laws are generally quite friendly to employers when it comes to a question of wrongful termination. Many Arizona employment lawyers frequently recount the truism that an employee may be filed for a good reason or for no reason whatsoever, as long as he isn't fired for a bad reason.

The bad reasons are what keep plaintiffs' attorneys in business. Although every case is different and recently terminated employees should consult with an employment attorney to discuss the specific circumstances of their case, unlawful reasons for terminating an employee include termination decisions based on the race, sex, religion or age of the employee.

Arizona also has a statute prohibiting termination as retaliation for reporting a violation of an Arizona statute. There are many other similar state and federal laws that preclude termination in retaliation for an employee's lawful reporting of the employer's actual or suspected violation of the relevant law. These retaliation statutes may create liability where the employer wasn't even guilty of the underlying offense, so employers should be very careful about making a decision to terminate an employee who has complained of or reported any sort of discrimination, safety violation, or other legal issue. Arizona employers who believe they need to fire such an employee should consult with an Arizona employment lawyer first.

Understanding Wrongful Termination Law

Employees who believe they have valid wrongful termination claims should seek the advice of an Arizona employment attorney as soon as possible, because the statutes of limitation pertaining to both state and federal law violations are relatively short, and the failure to file a complaint in Court or with the appropriate administrative agency is usually fatal to a wrongfully terminated employee's claim.

An Arizona employment lawyer will also be able to help the terminated employee understand his or her obligations and rights. Among other things, terminated employees must mitigate their damages by seeking replacement employment. Where an employer is liable, the employee will normally be entitled to recover lost wages and other damages directly related to the termination.

Understanding Wrongful Termination Law
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Kevin R. Harper is an Arizona employment and business litigation attorney, representing individuals and small businesses throughout the state of Arizona from his Central Phoenix office located at 1 N. Central Ave., Suite 1130, in downtown Phoenix. Harper Law PLC represents individuals and businesses all over the state of Arizona.
For more information about Arizona employment law, feel free to contact Harper Law PLC at 602-256-6400, or visit the firm online at http://www.HarperLawArizona.com.
Copyright 2008 Harper Law PLC, all rights reserved.
The above article is designed for informational purposes only and, because every situation is different, is not intended as definitive legal advice. You should not act upon this information without seeking independent legal advice about your individual situation.

5 Common Examples of Misdemeanor Offenses

A misdemeanor is defined as a lesser criminal act that is less severe than a felony and more severe than a regulatory offense. A misdemeanor is the United States of America is punishable by fines, probation, community service and up to twelve months incarceration. Misdemeanors are often classified into several categories based on the severity of the crime. This category system usually has dedicated punishments.

Being arrested for a misdemeanor may not mean a lengthy prison sentence, but it can seriously affect job prospects and certain civil privileges. For example, a school bus driver that gets his or her first DUI may be illegible for future licensing. It is important to seek proper legal counsel for misdemeanors, no matter how petty. Here are five common examples of misdemeanor offenses.

1. Petty Theft
Theft is an umbrella term that encompasses grand theft, petty theft, larceny, stealing, embezzlement and any other instance of taking someone's property against their will. In most jurisdictions, petty theft is identified by a value amount. For example, petty theft in the state of Washington, California and most other states in the US is theft of under 0. Anything above that, which any Los Angeles or Seattle criminal lawyer will tell you, is classified as grand theft which can be a felony.

5 Common Examples of Misdemeanor Offenses

2. Public Intoxication
In some states, public intoxication is a misdemeanor. Public intoxication generally involves intoxicated individuals causing a disturbance in a private or public area. Intoxication can be caused by alcohol or drugs. Public intoxication or drunk disorderly conduct is dealt with on a state level, and because of this the penalties vary greatly. California and Kansas both consider public intoxication a misdemeanor, while Nevada and Montana have no public intoxication laws.

3. Simple Assault
Simple assault is a common example of a misdemeanor. Simple assault on police officers, elected officials and social workers are felonies, an exception to most simple assault laws. Simple assault is defined as assault without the intent of injury. An example of simple assault can be attempting to cause someone physical harm or simply invading someone's personal space.

4. Trespass
Trespassing is the act of someone unlawfully entering, walking on or living on private property. It is common to see "no trespassing" signs on places such as schools and private hunting grounds. Trespassing laws vary among jurisdiction, but are commonly found as misdemeanors. There are certain exceptions to trespassing laws including law enforcement, meter readers and government surveyors.

5. Indecent Exposure
Arguably the most varied misdemeanor is indecent exposure. Since the term "indecent" can mean many different things, it is up for the specific jurisdiction to enforce this misdemeanor. In Washington State, a Seattle criminal attorney would define indecent exposure as intentionally exposing his or her person to another with the knowledge that the action can cause reasonable alarm. Exposing yourself to a minor under the age of fourteen qualifies as gross misconduct, a felony.

5 Common Examples of Misdemeanor Offenses
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Euan McConnell

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Arizona Employment Law - How Long Does an Employer Have to Pay a Discharged Employee?

Whether an Arizona employee leaves the employ of his employer voluntarily or not, Arizona law requires that a discharged employee be paid all wages due to him or her within a very clearly defined period of time. Arizona employers that fail to comply with the governing statutes face serious penalties, including the possibility of having to pay a discharged employee treble damages and attorneys' fees.

Arizona Revised Statute Section 23-353(A) applies to situations where an employee is terminated or fired by his or her employer. In such cases, the statute requires that wages be paid within three regular working days or by the end of the next regular pay period, whichever is sooner. For example, if an employee is terminated on a Monday and the next regular payday is the following Monday, the employer cannot pay the employee in the regular course, but must pay all wages owed by Thursday at the latest.

Section 23-353(B) is a little more forgiving to employers who have an employee quit. In those cases that employer has until the next regular payday to pay the employee. This section also provides that if the employee requests, the employer must send the payment by mail.

Arizona Employment Law - How Long Does an Employer Have to Pay a Discharged Employee?

Although Section 23-353(D) provides that violation of this statute is a petty offense, the more important penalty to a discharged employee is that found in Arizona Revised Statute Section 23-355, which allows an employee who is not paid as required in Section 23-353 to sue the former employer for "treble the amount of the unpaid wages." Obviously, violation of the statute can become quite expensive for an employer, and lucrative for an employee.

In addition, because the employment relationship is contractual in nature an employee who does bring such a suit may also recover attorneys' fees incurred in pursuing such an action pursuant to Arizona Revised Statute Section 12-341.01.

If you have not been paid wages owed to you in a timely manner, or if you are an employer who has been accused of failing to comply with one or more of these statutes, you should consult with an experienced employment attorney as soon as possible. The failure to make an appropriate claim or defense in a timely manner can be fatal to your case.

Arizona Employment Law - How Long Does an Employer Have to Pay a Discharged Employee?
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Kevin R. Harper is an Arizona employment and business litigation attorney, representing individuals and small businesses throughout the state of Arizona from his Central Phoenix office located at 1 N. Central Ave., Suite 1130, in downtown Phoenix. His firm also has an office in Chandler, Arizona and represents individuals and businesses all over the state of Arizona.

For more information about Arizona employment law, feel free to contact Harper Law PLC at 602-889-2616, or visit the firm online at http://www.HarperLawArizona.com

Copyright 2008 Harper Law PLC, all rights reserved.

The above article is designed for informational purposes only and, because every situation is different, is not intended as definitive legal advice. You should not act upon this information without seeking independent legal advice about your individual situation.

I Hate Being a Lawyer - How to Successfully Transition Out of Law and Into the Career of Your Dreams

How many times have you muttered these words to yourself? As a former practicing attorney who successfully transitioned out of law I KNOW the feeling. Sure, when you used to watch LA Law and Ally McBeal, it all seemed glamorous -sexy people litigating sexy issues. But that is not the reality of it, is it?

The reality is that you probably sit in your small, fluorescent lit office, speaking with annoying clients or claims adjusters, being berated by annoying partners, wondering why you let yourself be talked into this career path by your unwitting parents. You think, hmmmm....maybe I should have listened to every other attorney I ever met before graduating law school who told me to choose something else...anything else.

Desperate, you comb the Craigslist ads looking for a way out. You imagine that the next associate position at the next firm may be better - Trust me, it isn't. I had literally accepted and quit more than 50 associate positions in less than 7 years.

I Hate Being a Lawyer - How to Successfully Transition Out of Law and Into the Career of Your Dreams

Well, I am here to tell you it is alright, and you CAN change your career path. You are not alone. As an Executive Management consultant and former litigator, I have worked with thousands of attorneys of all levels and fields. I have found that for most people the depression stems from the grind and monotony. When you're young and vibrant, you have the energy and drive to be a top litigator. You want to find camaraderie -- possibly an office romance? Quickly you find that unless your dream girl is a crabby 40-something divorced paralegal with a bad attitude...it's probably back to the bars for you.

In working with attorneys from all over the world, the stories all seem to share the same foundation: From day one, you were berated by a tag team of stale older attorneys and cantankerous paralegals who seek to drain your soul from your body. I distinctly remember sitting at my office after 2 weeks on the job thinking I hope the status conference calendar is packed so I can try to get priority without alerting the partner, scavenger out of the courtroom and into my car to smoke a joint and relax for a few hours (Sidenote: You are not the only attorney who smokes weed - they all do)

Once you're older, you start to take stock in your life and wonder if this is it. Is my life really drafting interrogatories, arguing semantics with opposing counsel and trying to collect a 0 retainer for a case I spent 40 hours preparing. But, the kids need dinner and the mortgage won't pay itself, so you continue down this road.

Here's the deal. There are things you can do to change it, but it takes the 3 D's Drive, Dedication, and Determination. You have 1 life - do NOT waste it!!!

Here are 4 things you can do to Transition out of Law:

1. Research Graduate Programs: For many of us, we chose law because it was simple. You were unsure of what to do with your life, and assumed being a lawyer would be a solid career choice. This time, really figure out what you want to do. If you want to be a manager, look up MBA courses, if you want to do real estate, look up MSRED programs. In other words, take the time to find what moves you. If that means taking some online or community college programs to find your interest, then DO IT!

2. Study for the GREs: The best advice I can provide is that this was the ticket. (Note: Most graduate schools will accept the GRE instead of the GMAT). Not that the GMAT is harder, but it is designed for people with analyst and finance backgrounds. The GRE is like the SAT for adults. I was a 9th year attorney with a passion for executive management. I knew that I had something more to offer, but I also knew that without a top school degree, it would be tough. So, I took 3 months to study for the GRE, cut back on partying, and scored a 1300+. For reference, my initial Kaplan diagnostic score was less than a 1000.

3. LEARN!!: It is important for you to show interest. While you may be short on time, you are not short on options. Apply for internships, obtain certifications, and take graduate school courses at various professional organizations and community colleges such as IREM or SPHR.

4. YOU NEED A GREAT RESUME. A resume is your ONE and ONLY Career tool. Most of the time, it is your only method for getting your foot in the door. If it has spelling or grammatical errors, it will be discarded. In this difficult market, it is also important to include essential search terms, as many employers use OCR software to scan your resume. By hiring a Certified Professional Attorney Resume Writer, you can guarantee that you will have a legal professional (Who has already transitioned out of law) help you achieve your goals.

GOOD LUCK!

I Hate Being a Lawyer - How to Successfully Transition Out of Law and Into the Career of Your Dreams
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Matthew S. is a Certified Professional Resume Writer, Former Top Litigator, and Member of the Professional Association of Resume Writers and National Resume Writer Association. He is a nationally renowned Executive Consultant and Resume Writer. He has worked with several top companies, Fortune 50 Executives and government agencies. He is the owner of the http://www.TheBestResumeServices.com and http://www.BestAttorneyResumes.com