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Archive for July, 2009

Family law is an area that involves family relationships and issues. It can encompass anything from adoption finalization to divorce proceedings. No matter what type of family matters need to be decided, an attorney who specializes in this area of law will make the process a little easier.

An Irvine family law attorney should be well versed in all areas of California family law. Major life changes often take place as a result of the decisions made in these cases, and an experienced, compassionate staff can help clients survive the emotionally taxing process and win the case. It is important to choose a lawyer and firm that will handle each client on an individual basis, taking the time to get to know the client and family and understand the extenuating circumstances of each unique case.

An Irvine family law attorney will be experienced in the various aspects of family law. The most common cases handled in this area are divorce settlements, where a competent attorney is essential to protect the rights of the client and ensure the settlement is fair and reasonable. Divorce is one of the most stressful events a person may ever experience, but the right lawyer can make that difficult time a little easier to handle.

Child custody is often an element of divorce proceedings and can be very emotional and stressful for all parties involved, including the children. It may be difficult to determine where the children should be raised – and who should raise them – when parents split up. When the parents cannot agree on this issue, it is up to the court to decide where the children should live. This is usually done in the “best interest of the child”, although this can be difficult to determine. An experienced Irvine family law attorney can help ensure that a child custody case goes as smoothly as possible and that the rights of his client are firmly protected during the process.

Once child custody is determined, child visitation must also be addressed. This agreement will allow the non-custodial parent a prescribed amount of time with the children so that relationships are preserved in the family unit. The standard visitation order will allow the non-custodial parent to have the children one night a week and every other weekend. It also splits time during holidays and school vacations. If changes need to be made to this standard visitation order, an Irvine family law attorney can make sure those changes are done correctly and with the best interest of his client in mind.

Other areas that an Irvine family law attorney may handle include adoption proceedings, paternity cases, prenuptial agreements and restraining orders. Domestic violence is another stressful situation that may call for the services of a lawyer specializing in the area of family law. When searching for an attorney for any of these cases, it is important to look for a firm that specializes in this area of law to ensure the case is handled in the most professional way. The right attorney will make all the difference in dealing with these difficult situations compassionately and competently.

Things happen. No matter how hard a person tries, sometimes events in a person’s life turns everything on end and creates havoc. Often, this results in serious financial challenges which leads people to seek bankruptcy relief to help them recover from such problems. If you happen to live in California, then there are some California bankruptcy laws that apply specifically to that state.

In California, bankruptcy laws are basically derived from the US Federal bankruptcy statues and codes, or Title 11 of the United States Code. However, the state has allowed for some differences in the exemptions that are allowed when filing for brokeness. In general, the exemptions refer to income and assets that a debtor has which will not be affected by it, or in other words, which are exempt from the brokeness proceedings.

The laws in California allow for the use of the federally sanctioned supplemental exemptions, in conjunction with the allowed California State exemptions. This state is comprised of four areas for US bankruptcy court California districts and each of these courts is named for that district. The four districts are: the California Central bankruptcy court, the California Eastern bankruptcy court, the California Northern bankruptcy court, and the California Southern bankruptcy court.

There are two different sets of exemptions that are allowed under the California bankruptcy laws. These two classifications of exemptions are known as System One and System Two and the debtor has the ability to choose which system of exemptions they will file their bankruptcy claim form under.

Under California law, the System One option provides for a homestead exemption of up to $50,000 for a single person who is not disabled, up to $75,000 for families, and up to $125,000 for those who are senior citizens. System One also allows for the following personal property exemptions: cash in the bank up to $2,000; building materials of up to $2,000; jewelry and heirlooms up to a value of $5,000; motor vehicles up to a value of $1,900; burial plots; appliances; home furnishings; personal clothing; health related aids; food; and any money that comes from personal injury or wrongful death claims.

Additionally, System One also makes allowances for the following exemptions: insurance claims of any type; pensions; benefits such as unemployment compensation; workers’ compensation claims; health aid claims; tools of the trade which includes such items as tools, uniforms, equipment, books and manuals needed to continue in a trade; and wages exempt at a minimum of 75%.

System Two exemptions of the brokeness laws in California differs a great deal from the System One exemptions. The homestead exemption in System Two allows for a maximum of $17,425 for all homestead categories. The jewelry and heirloom exemption is capped at $1,150.

The motor vehicle exemption is up to $2,775 and the trade tools exemption is limited to $1,750. System Two also limits the total amount of personal benefits that can be exempted to $17,425 and also allows for a wild card exemption of up to a value of $925. Under System Two there is no wage exemption and only ERISA-qualified pension benefits are exempt.

Because these two exemption systems under the California bankruptcy laws tend to be complex, it is strongly recommended that people hire an attorney who specializes in this area of the law for help with bankruptcy. Generally, the attorney will review your complete financial situation and make a recommendation about which of the two exemption systems would be best to use when it is time to file bankrupt in this state.

All natural forces are based upon law. These laws do not operate in a limited field, but are universal. To illustrate, the law of gravitation is not limited in its scope to the earth, but its influence extends throughout the universe.

Hahnemann, by his fine observation and the inductive method of reasoning, became convinced of the law of cure, similia similibus curentur, and embraced it and declared it to be universal, a basic law of therapeutics.

If there is any general law of cure, that law must express some relationship between the medicine and the disease. To be of any practical use such a relationship must be exhibited, and we must be able to demonstrate such a relation between a disease and its remedy that any examination of the former shall determine the latter.

It is the characteristic of disease to produce certain phenomena which are not observable in perfect health. This is true whether the changes are functional or structural; what we recognise as symptoms are all that can be known of the disease. It is only through the observation of these expressions that we can make any use of the law of cure, and there can be no general consideration of the rule of cure, unless it comprises a consideration of symptoms as one of the necessary elements.

One might say that a comprehension of the symptoms of a given case was one of the primary factors, and in so far as one comprehends the expression of disease in these phenomena is one equipped to follow the law of cure in any particular case. Symptoms are the only representative expression of the diseased state. We include sensations as expressed by the patient, the appearances in all parts of the body, the varied circumstances under which these symptoms were recorded, and the varied grouping of these symptoms, in any consideration of the case.

When a symptom is noted under certain circumstances and not under others, this obvious relation between the symptom and its related circumstance is in itself a symptom, or rather, a part of the symptom, the sensation being quite incomplete without the expressed relationship of circumstance. Very often the concomitant of circumstance is of greater importance to the whole case than the expressed sensation, but the sensation is much more frequently expressed by the patient.

Two or more symptoms may appear together, or synchronize with each other, so frequently that they are really one symptom and must be considered as such in our analysis.

A law of cure must represent some relation between the properties of a disease and the medicinal qualities of a drug; or in other words, we must have some concept of the character of the drug’s action on the living body that will interpret the law of cure in the action of disease.

This character of the drug is represented, not by a single effect, but by a group of effects. This group of effects is the only representation we have or can have of the medicinal character of a drug on the living body, and since these same effects are found in disease states, these effects are the only relationship that can be established between the medicinal effects of a drug and disease. There can be no law of cure unless it expresses some definite relation between these two groups, or classes.

The homoeopathic law establishes a definite relation, not only between proved drugs and known diseases, but between all the unexplored medical wealth and the undeveloped requirements of sickness. Like the law of gravitation, the law of cure as taught by Hahnemann is not, and cannot be, limited to a small group of conditions; the limitations rest entirely with our ignorance. Hahnemann and his followers constitute the only group of medical philosophers who have always been true to the inductive method of reasoning, based upon known facts, they have established this law of therapeutics.

Thus the law of cure can be seen as a crucial concept in the discipline of homeopathy, and a necessity in understanding disease and remedy.