1. Cranberry sauce is better served straight from the can. It’s even better when it maintains its original cylinder-like shape.
2. Do not fill up on bread, cream cheese filled celery sticks, chips & dip, or other “appetite killers” prior to the main event meal of turkey.
3. Do not ask what ingredients are in the homemade stuffing. You do not want to know.
4. It’s better to have extra mashed potatoes and not need them, than to need extra mashed potatoes and not have them.
5. If you are over the age of 25 and still at the kid’s table, it may be time to take a step back and re-evaluate a few things in life.
6. Wear comfortable pants, preferably something with an elastic waste. Leave the fashion show for Christmas Eve.
7. Avoid soda. Carbonation is not kind to one’s turkey and gravy intake.
8. Bring some sort of board game to play with the extended family. This is a fantastic alternative to being forced to watch the Detroit Lions game with Uncle Hank and Cousin Randy.
9. If guests wear out their welcome, use Black Friday as a fail safe and tell them you need to go to bed early in order to capitalize on all the “door busters.”
10. If desert choices become a bit overwhelming, go with the pumpkin pie. One usually can’t go wrong with that.
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
www.carbonelawyer.com
www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
Wednesday, November 24, 2010
Sunday, November 14, 2010
The Foolishness of Frivolous Lawsuits
Filing a lawsuit should never be done is haste. If parties have some sort of issue, they first and foremost should attempt to work things out amicably and rationally. However, sadly, this is not always the path in which people take in resolving their issues.
Now more than ever, people sue at the drop of a hat. If they feel wronged they often will file court papers first and ask questions later. While it is true that everyone has the right to be heard in court, they most certainly do not have a right to frivolously bring a cause of action against a person or entity when they lack proper standing to do so.
For a party to have legal standing, there must be some sort of connection between them and the other party pertaining to the harm that has been brought upon them. In other words, if the defending party has no nexus with the party setting forth the action, said action against them would be frivolous, thus lacking any legal merit.
If an attorney is retained to take part in an action that he or she knows or deems to be frivolous, they would be subjecting themselves to legal sanction and even contempt of court. These sanctions can also be levied upon the clients who initiate frivolous proceedings.
The Courts are extremely hard on litigants who bring upon frivolous lawsuits due to the fact that they clog up the court calendar and ultimately waste time and money.
To avoid filing a frivolous lawsuit, one should really take a step back from their current situation and examine all the pertinent facts. They need to assess who is at fault in their given circumstance and be sure that a proper and potential remedy can be reached by bringing a claim against that person or entity.
Understandably, emotions often get the best of us and we want immediate relief and immediate justice. Emotions run so rampant that we are quick to place blame where it should not be placed. We hold people at fault who in reality are not responsible for any wrongdoing.
This is where foreseeability comes into play. Often times, a legal connection is determined by foreseeability. If it is foreseeable that a party may be injured given the presented circumstances, then a legal cause of action may hold up. However, if no foreseeability exists, there is no legal nexus and therefore, no legitimate legal cause of action.
So before filing a lawsuit, whether it is a small claims action, personal injury, or some other civil or criminal matter, take a deep breath and mull things over. If the party that you are about to sue really has no deep-rooted connection with your current predicament, save yourself, and the court system, some time and money. Don’t be foolish and file a frivolous lawsuit.
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
www.carbonelawyer.com
www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
Now more than ever, people sue at the drop of a hat. If they feel wronged they often will file court papers first and ask questions later. While it is true that everyone has the right to be heard in court, they most certainly do not have a right to frivolously bring a cause of action against a person or entity when they lack proper standing to do so.
For a party to have legal standing, there must be some sort of connection between them and the other party pertaining to the harm that has been brought upon them. In other words, if the defending party has no nexus with the party setting forth the action, said action against them would be frivolous, thus lacking any legal merit.
If an attorney is retained to take part in an action that he or she knows or deems to be frivolous, they would be subjecting themselves to legal sanction and even contempt of court. These sanctions can also be levied upon the clients who initiate frivolous proceedings.
The Courts are extremely hard on litigants who bring upon frivolous lawsuits due to the fact that they clog up the court calendar and ultimately waste time and money.
To avoid filing a frivolous lawsuit, one should really take a step back from their current situation and examine all the pertinent facts. They need to assess who is at fault in their given circumstance and be sure that a proper and potential remedy can be reached by bringing a claim against that person or entity.
Understandably, emotions often get the best of us and we want immediate relief and immediate justice. Emotions run so rampant that we are quick to place blame where it should not be placed. We hold people at fault who in reality are not responsible for any wrongdoing.
This is where foreseeability comes into play. Often times, a legal connection is determined by foreseeability. If it is foreseeable that a party may be injured given the presented circumstances, then a legal cause of action may hold up. However, if no foreseeability exists, there is no legal nexus and therefore, no legitimate legal cause of action.
So before filing a lawsuit, whether it is a small claims action, personal injury, or some other civil or criminal matter, take a deep breath and mull things over. If the party that you are about to sue really has no deep-rooted connection with your current predicament, save yourself, and the court system, some time and money. Don’t be foolish and file a frivolous lawsuit.
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
www.carbonelawyer.com
www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
Monday, November 8, 2010
Filing a Mechanic’s Lien
A Mechanic’s Lien is a remedy in which an individual or business entity can ensure compensation when they are not paid accordingly.
A mechanic’s lien is defined as a statutory lien that secures payment for labor or materials supplied in improving, repairing, or maintaining real or personal property, such as a building, automobile, etc. A lien of this nature is also sometimes referred to as a construction lien as it pertains to labor. With respect to materials, a meterialman’s lien can be implemented. All serve the same function, which is to ensure just compensation for the service-performing party.
If, for example, a contractor performs service upon a building, such as installing a new roof, they are clearly entitled to compensation for said work. If the owner of the building or business entity does not pay the contractor their fee, the contractor, after due diligence in attempting to be paid, may file a Mechanic’s Lien against the property.
A Mechanic’s Lien by definition puts a lien on the property in question in the amount that is owed or in dispute. If the property is to be sold, the mechanic’s lien will show up in a title search and it will need to be satisfied prior to sale and/or foreclosure. At this time, the contractor will receive their rightful compensation, assuming the property is not sold/foreclosed at a loss.
A Mechanic’s Lien must be filed in the county in which the property is situated. The filing fee is approximately $5.00. While it is not necessary to hire an attorney to file a mechanic’s lien, it is common to do so since they often deal with this area of law on a regular basis and can guide one through the process accordingly.
Once the Mechanic's Lien is properly filed, the duration of the lien, in the State of New York, is typically not to exceed a one year term. Unless other factors exist, a party make extend the duration of the lien for an additional year if it is not satisfied. If the property in question is in foreclosure, the courts will allow the lien to be extended past the one year period in order to allow proceedings to commence and conclude accordingly.
The amount of the lien may only include the cost of labor and associated materials. A contractor may not add finance charges to the Mechanic's Lien in question.
For more information on Mechanic's Liens and other New York State laws and statutes, visit http://public.leginfo.state.ny.us/menuf.cgi
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
www.carbonelawyer.com
www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
A mechanic’s lien is defined as a statutory lien that secures payment for labor or materials supplied in improving, repairing, or maintaining real or personal property, such as a building, automobile, etc. A lien of this nature is also sometimes referred to as a construction lien as it pertains to labor. With respect to materials, a meterialman’s lien can be implemented. All serve the same function, which is to ensure just compensation for the service-performing party.
If, for example, a contractor performs service upon a building, such as installing a new roof, they are clearly entitled to compensation for said work. If the owner of the building or business entity does not pay the contractor their fee, the contractor, after due diligence in attempting to be paid, may file a Mechanic’s Lien against the property.
A Mechanic’s Lien by definition puts a lien on the property in question in the amount that is owed or in dispute. If the property is to be sold, the mechanic’s lien will show up in a title search and it will need to be satisfied prior to sale and/or foreclosure. At this time, the contractor will receive their rightful compensation, assuming the property is not sold/foreclosed at a loss.
A Mechanic’s Lien must be filed in the county in which the property is situated. The filing fee is approximately $5.00. While it is not necessary to hire an attorney to file a mechanic’s lien, it is common to do so since they often deal with this area of law on a regular basis and can guide one through the process accordingly.
Once the Mechanic's Lien is properly filed, the duration of the lien, in the State of New York, is typically not to exceed a one year term. Unless other factors exist, a party make extend the duration of the lien for an additional year if it is not satisfied. If the property in question is in foreclosure, the courts will allow the lien to be extended past the one year period in order to allow proceedings to commence and conclude accordingly.
The amount of the lien may only include the cost of labor and associated materials. A contractor may not add finance charges to the Mechanic's Lien in question.
For more information on Mechanic's Liens and other New York State laws and statutes, visit http://public.leginfo.state.ny.us/menuf.cgi
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
www.carbonelawyer.com
www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
Tuesday, November 2, 2010
Things to consider before filing a law suit
Filing a law suit should never be done without first carefully considering several factors. First and foremost, one must be certain that their issue indeed requires legal action. More often than not, issues between parties can be resolved without taking official legal action. Only when parties cannot work things out amicably should a law suit be considered.
If an amicable agreement cannot be reached, a person must then make the important decision as to how to proceed with resolving their legal conflict. The first thing one should consider is whether or not they have standing to bring about a cause of action. To have standing, one must have a “stake” in the matter at hand. If, for example, a person is hit by a car and the other party is not willing to take responsibility for their negligent actions, the injured party would have standing to bring a cause of action in court. However, if the injured person’s friend who was not involved in the accident wishes to sue on their behalf, they would have no “legal stake” in the action and therefore no legal standing.
Once standing on a given matter is established, one should consider whether they are going to represent themselves or hire an attorney. In certain circumstances, one can apply for a public defender at no charge if they financially qualify. However, assigned counsel typically applies only for criminal and family court matters. If you choose to represent yourself in a legal matter, you are considered pro se.
Next, the proper venue needs to be established in order to go forward. A party needs to determine whether their matter falls in the realm of small claims or perhaps county court. In New York, the maximum amount allowed to litigate in Small Claims court is $5,000. If your legal issue involves a monetary amount that is higher than $5,000, the proper venue to bring a cause of action is County Court. Also, the initiating party must consider that they must bring the action in the county in which the defendant resides or does business.
If one feels as though they have a personal injury claim, they again should be sure that they in fact have standing to sue and that a valid claim actually exists. In today's society we are riddled with all sorts of frivolous law suits. Said law suits often waste valuable time and money and ultimately cause more harm in the long run. Personal injury law is a very specific and specialized area of law. If one feels as though they have a lawful claim against another party, it is recommended that they consult with an attorney that is well versed in this area of law.
Another area of law that is a "hot bed" for litigation is family law. This is a very emotional area of law since it involves children, custody, and other domestic issues. Here, when a dispute arises between rival parents or family members, people often "fly off the handle" and are quick to march down to their local Family Court and file a petition. With Family Court, it is relatively easy for a person not familiar with legal procedure to file a petition for a cause of action because the forms are readily available at the court clerk counter and are "fill in the blank" format. Here, once a petition is filed, it is processed and the case is put on the court calendar. A Law Guardian, also known as Attorney for the Child(ren) is then automatically assigned to the case by the presiding family court judge. The Law Guardian, by law, must personally meet with the children prior to the case to assess the situation and ultimately look out for their best interests. Since a family court action is not taken lightly in the eyes of the law and because it is multi faceted to say the least, it is highly advised that litigants work their problems out amicably prior to filing said cause of action. Mediation is also an avenue people can go down if they cannot work things out themselves. This process is a bit less strenuous on the children and the parties in general.
People also need to consider whether or not the issue to be litigated is actually worth the time and effort. For example, if someone owes you $100 and you go out and spend $500 on legal representation, it does not make much sense to pursue the issue in this fashion. Perhaps a better forum would be to attempt to work out the problem outside of court or maybe “let it go” all together.
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
www.carbonelawyer.com
www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
If an amicable agreement cannot be reached, a person must then make the important decision as to how to proceed with resolving their legal conflict. The first thing one should consider is whether or not they have standing to bring about a cause of action. To have standing, one must have a “stake” in the matter at hand. If, for example, a person is hit by a car and the other party is not willing to take responsibility for their negligent actions, the injured party would have standing to bring a cause of action in court. However, if the injured person’s friend who was not involved in the accident wishes to sue on their behalf, they would have no “legal stake” in the action and therefore no legal standing.
Once standing on a given matter is established, one should consider whether they are going to represent themselves or hire an attorney. In certain circumstances, one can apply for a public defender at no charge if they financially qualify. However, assigned counsel typically applies only for criminal and family court matters. If you choose to represent yourself in a legal matter, you are considered pro se.
Next, the proper venue needs to be established in order to go forward. A party needs to determine whether their matter falls in the realm of small claims or perhaps county court. In New York, the maximum amount allowed to litigate in Small Claims court is $5,000. If your legal issue involves a monetary amount that is higher than $5,000, the proper venue to bring a cause of action is County Court. Also, the initiating party must consider that they must bring the action in the county in which the defendant resides or does business.
If one feels as though they have a personal injury claim, they again should be sure that they in fact have standing to sue and that a valid claim actually exists. In today's society we are riddled with all sorts of frivolous law suits. Said law suits often waste valuable time and money and ultimately cause more harm in the long run. Personal injury law is a very specific and specialized area of law. If one feels as though they have a lawful claim against another party, it is recommended that they consult with an attorney that is well versed in this area of law.
Another area of law that is a "hot bed" for litigation is family law. This is a very emotional area of law since it involves children, custody, and other domestic issues. Here, when a dispute arises between rival parents or family members, people often "fly off the handle" and are quick to march down to their local Family Court and file a petition. With Family Court, it is relatively easy for a person not familiar with legal procedure to file a petition for a cause of action because the forms are readily available at the court clerk counter and are "fill in the blank" format. Here, once a petition is filed, it is processed and the case is put on the court calendar. A Law Guardian, also known as Attorney for the Child(ren) is then automatically assigned to the case by the presiding family court judge. The Law Guardian, by law, must personally meet with the children prior to the case to assess the situation and ultimately look out for their best interests. Since a family court action is not taken lightly in the eyes of the law and because it is multi faceted to say the least, it is highly advised that litigants work their problems out amicably prior to filing said cause of action. Mediation is also an avenue people can go down if they cannot work things out themselves. This process is a bit less strenuous on the children and the parties in general.
People also need to consider whether or not the issue to be litigated is actually worth the time and effort. For example, if someone owes you $100 and you go out and spend $500 on legal representation, it does not make much sense to pursue the issue in this fashion. Perhaps a better forum would be to attempt to work out the problem outside of court or maybe “let it go” all together.
Carbone & Carbone LLP, Martin A. Carbone, Esq., Attorney at Law
www.carbonelawyer.com
www.facebook.com/carbonelawgroup
http://twitter.com/carbonelaw1
Subscribe to:
Posts (Atom)
