Personal Injury
Personal injury law
is based in torts. Broadly defined, a tort is a harmful act or failure
to act for which the law provides a remedy. There are many different
kinds of torts. Physically injuring someone is a tort; so is damaging
a person's property or character, or wrongly denying someone his or
her liberty. The basic principle of tort
law is that injured persons
should be compensated by those responsible for their injuries. Thus,
a victim of a tort has the right to sue the tortfeasor (the person
committing the tort) for damages.
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Family Law
In a Texas Divorce, how property is
classified is very important. Since Texas is a community property
state, all property, whether real or personal, can be divided into
separate property or community property. In a Texas divorce, the court
can only divide the community property and does not have the power
to divide
separate property.Divorce, custody, child support and alimony
are matters of state law. In a divorce, issues of property division,
child support, child custody, and alimony are decided by the judge
in a trial, or agreed on by the parties in a Separation Agreement,
which can be negotiated by their lawyers or in mediation.
Consumer Law
Although most businesses operate
in a fair and legal manner, thousands of Texans lose money every year
due to unscrupulous business practices and consumer fraud. When making
commercial transactions, it is important for consumers to be aware
and informed of any rights they may have. In Texas, the
majority of
consumer transactions are governed by the Deceptive Trade Practices-Consumer
Protection Act. There are also a variety of additional state and federal
laws protecting consumers from unscrupulous business practices in
specific transactions.
Bankruptcy Law
There are two basic types
of Bankruptcy proceedings. A filing under Chapter 7 is called liquidation.
It is the most common type of bankruptcy proceeding. Liquidation involves
the appointment of a trustee who collects the non-exempt property
of the debtor, sells it and distributes the proceeds to the
creditors.
Bankruptcy proceedings under Chapters 11, 12, and 13 involves the
rehabilitation of the debtor to allow him or her to use future earnings
to pay off creditors.
Criminal Law
Criminal law defines conduct that is prohibited by the
government and the range of penalties that can be imposed for violating
these prohibitions. Persons who violate criminal laws incur penalties
ranging from fines to imprisonment or, in some states such as Texas,
execution. Punishment for committing a misdemeanor may include jail
time and/or a fine. Punishment for an infraction does not include
jail time. All crimes are defined by statutes. These statutes are
collected andorganized into books of rules known as criminal or penal
codes. In addition to the Texas Penal Code, which applies only in
Texas, the federal government has a criminal code that regulates certain
crimes nationwide. Most criminal activity violates either a state
law or a federal law, not both.
Mediation
Mediation
is a form of Alternative Dispute Resolution (ADR) that is offered
by many entities as an alternative to the traditional investigative
or litigation process. Mediation is an informal process in which a
neutral third party assists the opposing parties to reach a voluntary,
negotiated resolution of a charge of discrimination. The decision
to mediate is completely voluntary for the charging party and the
employer. Mediation gives the parties the opportunity to discuss the
issues raised in the charge, clear up misunderstandings, determine
the underlying interests or concerns, find areas of agreement and,
ultimately, to incorporate those areas of
agreements into resolutions.
A mediator does not resolve the charge or impose a decision on the
parties. Instead, the mediator helps the parties to agree on a mutually
acceptable resolution. The mediation process is strictly confidential.
Information disclosed during mediation will not be revealed to
anyone.
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ORTIZ LAW OFFICES, P.C