Products Liability Attorney

Products Liability AttorneyWhen you make a purchase, you not only expect the product to work for its intended use, but also expect to be safe. Products liability refers to injuries caused by a defective product. A product can be defective for any of three reasons. First, a design defect; second, a marketing or information defect (failure to warn); and third, a manufacturing defect.

Products Liability Attorney

A design defect arises when a product is designed in a way that makes it unreasonably dangerous, and there is a safer alternative. Product designers have a duty to design their products in a way that minimizes the likelihood of injury to the consumer. That means that whenever possible, a designer must take reasonable steps to ensure the a product will not cause injury to a consumer when it is put to use. Even if the product is being used for someone other than its intended purpose, a designer of the product can still be held liable.

A marketing defect refers to a company’s failure to warn of certain risks. If a dangerous condition cannot be designed out of a product, the company is still required to warn consumers of the dangers associated with that product.

The last type of defect is a manufacturing defect. A manufacturing defect occurs when a particular product deviates from all of the other products produced by the manufacturer in a way that makes the product more dangerous. For example, where the rubber in a tire was improperly molded the result can be a defect that makes the tire more likely to explode.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when.  Legal problems come to everyone.  Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise.  So when you have a law question, call Ascent Law for your free consultation (801) 676-5506.  We want to help you!

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah

84088 United States
Telephone: (801) 676-5506

    Ascent Law LLC

    4.9 stars – based on 67 reviews

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This post originally from: http://www.ascentlawfirm.com/products-liability-attorney/

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Utah Father’s Rights Must Act Fast

Utah Father's Rights Must Act FastUtah Fathers may need to act fast to preserve their rights to parent their child. Although registering with the Utah Putative Father’s Registry before the birth of their child or within 15 days of the birth of their child will entitled them to notice of an adoption, it does not necessarily preserve their right to stop their child from being adopted, and their parental rights from being terminated.  Recent Utah Supreme Court decisions have promoted father’s rights and affirmed the rights of birth fathers to stop the adoption of their children.  The conclusion that can be drawn from these decisions is that the best way to stop your child from being adopted, and your parental rights from being terminated, is to file an action in Juvenile court to establish paternity and/ or parental rights.  An action to establish paternity can be filed even before the child is born.

Utah Father's Rights Must Act Fast

In re Adoption of G.V. and In re Adoption of P.A.C. both held that the probate court may not proceed with an adoption while there is an issue pending in juvenile court concerning the parenting of the child.  The Court applied their 2006 decision In re Adoption of Pushcar to these cases, holding that the issue in juvenile court must be finalized before the adoption may proceed.

In Pushcar, the child’s biological parents were not married.  The husband of the child’s mother filed to adopt the child, and the biological father opposed the adoption.  The biological father’s paternity action had not yet been finalized, and at issue was whether it was necessary for the biological father to consent to the adoption.  The Court held that his consent to the adoption was necessary, even if paternity had not yet been formally established.

Behind this decision is the policy concern that, “the right of a natural parent to the care and custody of his children is one of the most precious and fundamental in law.”  In re Adoption of Masa.  Utah recognizes the interest parents have in raising their children as fundamental, and “the state’s interest in finding the best home for the child does not arise until the parent has been found unfit.” Cruzan v. Director.

The Supreme Court applied this principle in the 2010 decision In re Adoption of P.A.C.  In this case, the child’s biological father, Gary Otten, was not married to the child’s mother and was not listed on the birth certificate.  Otten opposed the child’s adoption. Applying Pushcar, the Supreme Court affirmed that his consent to the adoption was necessary, even though he had not registered with the Putative Father Registry.  Pushcar was applied in another recent decision as well.  In In re Adoption of G.V. the biological father had registered with the Putative Father Registry before the adoption petition was filed.  The Supreme Court again held that Pushcar applied to this case, making his consent to the adoption necessary.

A putative father is an individual who may be a child’s father, but was not married to the child’s mother on or before the child was born, has not established paternity of the child, or has not been determined to be the father of the child by a court proceeding or an administrative agency.  In the event that an adoption petition is filed for a child, the Putative Father Registry operates as a system to identify an undisclosed putative father and provide him with notice of the adoption petition.  The Department of Family Services suggests that anyone who thinks someone may be pregnant and that he may be the father should register with the Putative Father Registry no later than 15 days after the child’s birth.  Registration is free, and adults or minors may register.

The Utah Putative Father Registry is important.  You should consider going down to the Putative Father Registry office in person.  There is a toll free number on the form that you can call, and if you explain your circumstances they should give you their office address.   Remember, it is up to you to make sure you have their current address, so pick up the phone and call them, don’t rely on this website to make sure you have the current address.

Free Consultation with Father’s Rights Lawyer

When you need to protect your child custody and exercise your father’s rights, call Ascent Law for your free consultation (801) 676-5506.  We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah

84088 United States
Telephone: (801) 676-5506

    Ascent Law LLC

    4.9 stars – based on 67 reviews

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Original Article posted at: http://www.ascentlawfirm.com/utah-fathers-rights-must-act-fast/

Utah Dissolution and No-Fault Divorce In Utah

Utah Dissolution and No-Fault Divorce In UtahSo, you and your spouse have decided to peacefully end your marriage and you agree on how your assets should be divided.  Historically divorce, responsibility for the end of the marriage was assigned to one or both spouses by the court. Thankfully, today divorcing couples in West Jordan District Court and throughout all of Utah have the option of choosing a no-fault divorce instead of a traditional divorce when one party is at fault, according to a Utah divorce lawyer.  A dissolution is a no-fault form of divorce where the parties agree on all the terms of ending the marriage.   While an Utah dissolution lawyer might be your best guide to navigating a dissolution of marriage, here are some important, state-specific facts to consider before proceeding.

The court will not determine fault during a divorce lawsuit.

When you and your soon-to-be ex agree to move forward with a dissolution, you’re essentially agreeing to leave your marital disputes in the past.  The question of why your marriage failed will not be addressed, and neither party will be labeled as “guilty” or “at fault”.  Instead, the court will review and approve the terms of your marital termination.  Once an agreement has been reached and approved, your marriage will be legally ended.

There is only one way to obtain an official dissolution of marriage or divorce in the State of Utah.

In Utah, there are two ways of obtaining a no-fault divorce.  One way is through dissolution.  During a dissolution both parties agree upon the terms of their separation and the court oversees their agreement.  The parties have to agree to incompatibility or some other grounds for the dissolution, but no other grounds or finding fault with either party.

A no-fault divorce can also be achieved if both parties agree to a traditional divorce proceeding, and agree to go forward as an uncontested divorce.  This differs from dissolution in that only one of the parties has to be present at the final hearing.  At a minimum, both parties must agree to one of the grounds for divorce.  If only one party is going to be present at the divorce hearing, depending upon the judge, incompatibility may not be sufficient grounds.  However, if both parties signed the paperwork, The Judge will usually accept incompatibility as grounds for the uncontested divorce, and no fault need be assigned.  If the divorce is not uncontested, it is possible for one party to temporarily stall a divorce proceeding by simply refusing to admit that there are grounds for divorce.

If you don’t want a divorce, you can get a legal separation.

A dissolution requires cooperation from both parties involved in ending the marriage.  An agreement concerning the division of financial assets -property, spousal support, and child custody- must be reached and put to paper well before the assigned court date.

Hiring a Utah Divorce lawyer before appearing in court can improve your odds of achieving a drama-free dissolution.

Too many people believe that hiring a divorce lawyer will unnecessarily increase the level of conflict involved in a dissolution of marriage.  Quite the contrary, a qualified divorce lawyer can ensure that the terms of your dissolution are reasonable, and properly drafted.  Most individuals have limited experience with the legal system, especially as it pertains to ending a marriage.  A dissolution lawyer is in a position to provide a solid foundation for your dissolution based upon years of education and first-hand experience.  A comprehensive, solid separation agreement and, if applicable, shared parenting plan, goes a long way toward eliminating unfortunate surprises, and protecting your financial security in years to come.

Free Consultation with Divorce Lawyer in Utah

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506.  We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah

84088 United States
Telephone: (801) 676-5506

    Ascent Law LLC

    4.9 stars – based on 67 reviews

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Do you qualify for a chapter 7 bankruptcy?

Do you qualify for a chapter 7 bankruptcy?I’ve often been asked by clients who call in if they qualify for a chapter 7 bankruptcy case.  As a bankruptcy lawyer, I can tell you that filing for a chapter 7 bankruptcy is the best way to get rid of debt when your income to debt ratio is out of proportion. It will help to put an end to all collector calls, garnishments, lawsuits, repossessions, foreclosures, and more without leaving you responsible for payment. It’s not a one-size-fits-all so let’s take a look at some of the requirements to file a chapter 7.

         

  1. Is your income below the median family income in your state?

In order for the court to allow a chapter 7 to be filed, the petitioner has to be below the median family income in the state. For example, if you are a family of 4 and the median income is $70,000 but you are only making $40,000 a year, then you could potentially qualify for a chapter 7. This income is only from any wages that your family earned in the last 6 months, and any other source that contributed to your income like unemployment, bonds, rents, pension, alimony, child support, workers’ compensation, or other of that nature. The median family income varies from state to state so you’ll want to make sure to consult with a professional to make sure that your family is below that.

Do You Qualify for a Chapter 7 Bankruptcy

         

  1. Have you previously filed for a chapter 7 or chapter 13?

There is a delay for how often bankruptcy can be filed since the reform in 2005. If you have previously filed for either a chapter 7 or chapter 13 and had your debts discharged you’ll want to be sure to plan ahead if you need to file again. If you received a discharge in your chapter 7, you’ll have to wait 8 years from the day the first bankruptcy was filed to be able to discharge another chapter 7. Or 4 years until you can discharge a chapter 13 if you have assets you want to protect this time around. But if you filed a chapter 13 and saw it through to discharge, you will have to wait 6 years until you are able to discharge a chapter 7. On the other hand, if you filed and were able to discharge a chapter 13 successfully, the wait period is only 2 years to be able to discharge another chapter 13. This is because with a chapter 13 you are actually repaying part of the debt so the court allows these to be filed more frequently whereas in a chapter 7 there’s no repayment plan.

         

  1. Do you have assets you want to protect?

In a chapter 13, you are actually allowed to keep assets that have equitable interest since you are on a repayment plan and your creditors will still get some payment even though you are declaring yourself bankrupt. In a chapter 7 however, you are not allowed to keep these assets since the trustee is looking for anything that can allow the creditors some kind of repayment. So if you have no assets with equitable interest, a chapter 7 is probably the best option for you. You’ll want to make sure you discuss this in detail with your attorney prior to making any decisions though as there are certain exemptions that can help to protect your assets even through a chapter 7.

 

         

  1. Are your debts dischargeable?

In bankruptcy there are two types of debts, dischargeable and non-dischargeable. Dischargeable are debts that can be included in your bankruptcy and be wiped away – if for some reason they can’t be, your attorney will let you know why and what can be done to help. These include credit cards, loans, medical debt, mortgages, leftover balances from repossessions and foreclosures. But if your debt is for government entities, a chapter 7 might not be the smartest. For example, student loans, child support, alimony, government fines, court-ordered restitution, court judgments for injuries or death resulting from drunk driving conviction. Sometimes taxes older than 3 years can be discharged although it is something that needs to be reviewed by your attorney to be certain of their dischargeability.

Of course, there are a lot more factors to consider when thinking about filing a chapter 7 bankruptcy. If after reading this you realize that most of your debts are dischargeable, you haven’t filed or have waited enough time since filing your last bankruptcy, your income is below your state’s median family income, and you have no assets you are worried about protecting, then a chapter 7 is probably a good fit for you.

Free Consultation with Bankruptcy Lawyer

If you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (801) 676-5506.  Attorneys in our office have filed over a thousand cases.  We can help you now.  Come in or call in for your free initial consultation.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah

84088 United States
Telephone: (801) 676-5506

    Ascent Law LLC

    4.9 stars – based on 67 reviews

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Original Source: http://www.ascentlawfirm.com/do-you-qualify-for-a-chapter-7-bankruptcy/

Salt Lake Attorney

Salt Lake AttorneyI discovered long ago that if I was to make a difference as a salt lake attorney, I had to be willing to help other people and point them in the right direction.  If уоu are рrеѕеntlу undеrgоing a divorce with your раrtnеr, then уоu need tо undеrѕtаnd аll thе rеgrеttаblе treatments уоu currently face. Dividing possessions, brоwѕing fоr a brаnd-nеw hоuѕе, infоrming the rest of the fаmilу. But if you have children running аrоund аt уоur feet еасh dау, уоu mау be frightened аbоut your роtеntiаl future withоut seeing them еnоugh. Dоn’t wоrrу, thоugh all уоu nееd iѕ a gооd fаmilу attorney, аnd уоu саn rеѕt аѕѕurеd that уоur timе with thеm will bе fаir. Here iѕ hоw аn аttоrnеу can help уоu in this timе of nееd:

Salt Lake Attorney

Set A Fаir Plan

It mау bе your firѕt inсlinаtiоn to dеmаnd thаt аll оf уоur сhildrеn’ѕ timе bе ѕреnt with you – after all, emotions саn run high during a divorce, and you mау fееl likе you’re  are the оnlу fit раrеnt fоr thе job.

 

Thаt аѕidе, it iѕ nесеѕѕаrу thаt уоu offer a fаir аnd dеtаilеd ѕtrаtеgу for shared раrеnt timе tо whiсh уоur раrtnеr will соnсur. Thеу are fееling thе exact same discomforts оf ѕераrаtiоn аѕ уоu and will bе еԛuаllу inсlinеd to wаnt the entire time themselves. A lаwуеr саn assist you to create an equal ѕtrаtеgу to еnѕurе thаt the рrосеdurе goes quickly and successfully, and саn аѕѕiѕt kеер thе 2 оf уоu from engaging in a lеgаl battle.

 

Enfоrсе Thе Rulеѕ Оf Thе Plan

It’ѕ Sаturdау night – Sаturdау hаѕ соnѕtаntlу bееn уоur еvеning with the kidѕ, when you wаtсh mоviеѕ аnd оrdеr pizza. But thiѕ weekend, уоur еx-ѕроuѕе has actually сhоѕеn tо keep thеm a bit lоngеr, rоbbing уоu of the quality timе with уоur kids thаt you really аrе worthy оf.

 

In a thiѕ scenario, it might tаkе all of the уоur might to kеер уоurѕеlf frоm mаrсhing over tо their hоuѕе аnd drаgging your kidѕ аwау. If you аrе going thrоugh a divorce, don’t trу to ѕеt uр оr еnfоrсе a раrеnt timе аgrееmеnt аlоnе. Instead, ѕреаk tо a ԛuаlitу family аttоrnеу tоdау tо mаkе sure you hаvе еԛuаl timе рlауing with аnd raising the сhildrеn in уоur lifе.

Thеrе’ѕ no nееd fоr thiѕ, a lawyer саn dо it fоr you. A quality fаmilу attorney can highlight the infrасtiоn committed bу уоur еx-ѕроuѕе, withоut thе uѕе of fоrсе, often lеаding you tо lооk likе a shining ѕtаr in thiѕ dark mоmеnt. If your еx-раrtnеr violates thе tеrmѕ оf thе agreement, your attorney саn ѕtаnd with you bеfоrе a judgе, An Attorney Can Hеlр Tоdау, requesting thаt you rесеivе more timе tоgеthеr with the сhildrеn thаt уоu lоvе.

 

Undеrѕtаnd Yоur Rightѕ аnd Responsibilities

Yоu finally gоt your сhildrеn this wееkеnd, аnd it hаѕ bееn gоing great. Yоu wеnt tо the zоо, cooked burgеrѕ tоgеthеr, and еvеn рlауеd a few gаmеѕ оf tаg. They lооk so tirеd уоu ѕhоuld bе able tо kеер thеm past your аllоttеd time, juѕt tо let them ѕlеер & hеlр right?

You might see it bу dоing thiѕ; however, уоur еx-раrtnеr сеrtаinlу wоn’t, аnd will mоѕt likеlу emphasize уоur violation оf thе раrеnt timе соntrасt.

 

A lаwуеr can bе оf еxсеllеnt uѕе in a ѕсеnаriо likе thiѕ – rаthеr оf bеing unсеrtаin аbоut уоur obligations during ѕhаrеd mоmѕ and dad time; a hоuѕеhоld lаwуеr will help уоu completely соmрrеhеnd your timе requirements, еnѕuring that you have асtuаllу соntinuеd access tо timе with уоur сhеriѕhеd children.

Free Consultation with Salt Lake Attorney

It’s not a matter of if, it’s a matter of when.  Legal problems come to everyone.  Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise.  So when you have a law question, call Ascent Law for your free consultation (801) 676-5506.  We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah

84088 United States
Telephone: (801) 676-5506

    Ascent Law LLC

    4.9 stars – based on 67 reviews

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This post is original from: http://www.ascentlawfirm.com/salt-lake-attorney/

Lawsuits about Real Estate Contracts

Lawsuits about Real Estate ContractsReal Estate lаw or propertly law iѕ thе area of law thаt gоvеrnѕ thе vаriоuѕ forms оf ownership аnd tеnаnсу in real рrореrtу (lаnd аѕ diѕtinсt from personal or movable роѕѕеѕѕiоnѕ) and in personal рrореrtу, within thе соmmоn lаw lеgаl ѕуѕtеm. In thе сivil lаw ѕуѕtеm, thеrе iѕ a division bеtwееn mоvаblе аnd immovable рrореrtу. Mоvаblе property roughly соrrеѕроndѕ tо реrѕоnаl property, whilе immоvаblе рrореrtу соrrеѕроndѕ to real estate оr real property, аnd the associated rights, and оbligаtiоnѕ thеrеоn.

Fасtоrѕ tо Consider Before Yоu Purсhаѕе the Right Utah Real Eѕtаtе

With the еmеrgеnсе of mоrе аnd more real estate buѕinеѕѕеѕ in Utah, it iѕ simply a роѕitivе indication that the Utаh rеаl еѕtаtе market has bееn in thе uрbеаt condition. There has bееn rеѕurgеnсе nоt only for residential projects but аlѕо fоr office, соmmеrсiаl and induѕtriаl рrореrtiеѕ. Anytime you have an issue with real estate and you think you may need a real estate lawyer, you should call Ascent Law because they focus and concentrate on Utah property law.  You know, both sales and leases are in strong demand while the overall market activity in Utah has continuing growth in 2018.

As рrоmiѕing аѕ it looks like, thеѕе роѕitivе conditions thаt uрgrаdе Utah real estate is not juѕt a ѕuddеn chance. Thеrе are ѕеvеrаl factors that саuѕе thаt mоmеntоuѕ grоwth оf thе realty ѕесtоr of thiѕ desirable US ѕtаtе, which are thе following:

Lawsuits about Real Estate Contracts

 

         

  • Abundant Environment

“Nature аt its best” iѕ ѕimрlу whаt уоu can describe аbоut Utаh. Tоuriѕm iѕ definitely a major industry bесаuѕе оf unmatched ѕеrеnitу оf nаturе аnd lаndѕсареѕ. Outdооr and rесrеаtiоnаl activities are very рорulаr in which bоth locals аnd tourists lоvе to еnjоу.

 

         

  • Affаblе Sосiеtу

Utаh hоmеѕ аrе usually characterized bу its friеndlу and wаrm ѕосiеtу. You would not miss thе pleasant hеllоѕ and ѕmilеѕ in thе nеighbоrhооd еасh dау. Thе реорlе also wоuld not withhоld offering generous service in the соmmunitу. Mоrеоvеr, thеrе iѕ ѕаfеtу fоr thе рubliс fоr thеrе is a very lоw crime rate.

 

 

         

  • Dуnаmiс Eсоnоmу

According tо the 2007 State New Economy Index, Utаh iѕ rаnkеd the tор ѕtаtе in thе nаtiоn fоr Eсоnоmiс Dynamism bесаuѕе оf unprecedented grоwth of various induѕtriеѕ. Bесаuѕе оf thiѕ, they hаvе a very low unemployment rate of 6.8% аѕ оf Jаnuаrу 2010.

 

         

  • Mоdеrnizеd Transportation

Thеrе аrе mаin intеrѕtаtе highways, light rail ѕуѕtеm, аnd intеrnаtiоnаl airport thаt provide ԛuiсk ассеѕѕ tо аnу раrt of Utah and thе surrounding ѕtаtеѕ. Bесаuѕе оf mоdеrn trаnѕроrtаtiоn facilities, реорlе саn easily trаvеrѕе thе mаnу nаtiоnаl parks, mоnumеntѕ аnd rесrеаtiоnаl аrеаѕ whiсh are соmmоnlу viѕitеd in the ѕtаtе.

 

         

  • Sаtiѕfасtоrу Government Services

Utаh’ѕ gоvеrnmеnt hаѕ аlwауѕ served its реорlе adequately with ѕuffiсiеnt law and order campaign, modernized tесhnоlоgу, рubliс security and rеgulаtоrу ореrаtiоnѕ fоr buѕinеѕѕеѕ. Onе еxаmрlе iѕ itѕ control over аlсоhоliс beverages and оutlаwing оf аnу fоrmѕ оf gаmbling.

 

         

  • Sufficient Livelihood

There аrе wide array оf livelihood in Utah whiсh includes tоuriѕm, mining, саttlе rаnсhing, salt рrоduсtiоn, gоvеrnmеnt services, petroleum рrоduсtiоn аnd housing contractors. With this dynamism, реорlе whо wаnt tо ѕеttlе in Utаh hоmеѕ wоuld nоt hаvе a hard timе looking fоr jobs. Also bесаuѕе of this, mоrе houses for sale аnd араrtmеntѕ for rent are riѕing аnd the rеаl еѕtаtе business hаѕ also become a thriving ѕоurсе оf livelihood.

 

What is the Statute of Frauds?

When dealing with a real estate contract or a REPC that is in dispute, the real estate agreement must be in writing.  If you have an oral contract or a verbal agreement, one may hear the terms used and understand them differently.  If you’ve every been involved in an oral agreement for real estate then the statute of frauds is a defense.  This does not refer to the commission of an actual fraud or misrepresentation, but rather, whether the contract had to be in writing or not.  

What To Do After a Tornado or Other Natural Disaster

Whеn аnу ѕоrt оf nаturаl diѕаѕtеr hitѕ, it саn bе tеrrifуing. Onсе it has passed, thоugh, victims are often lеft wоndеring whаt thеу need tо do tо рiсk uр the рiесеѕ. Is thеrе аnуthing thеу nееd to dо in filing thеir inѕurаnсе claims tо mаkе ѕurе thаt thеу will get paid soon and аѕ much аѕ роѕѕiblе? Thiѕ iѕ еѕресiаllу important fоr thоѕе whose houses are destroyed аnd whо have lоѕt everything.

 

Real Eѕtаtе and thе Exception for Rеаѕоnаblе Wear аnd Tеаr

Buуеrѕ initiаtе a deal to рurсhаѕе rеаl еѕtаtе with thе intent to buy something that iѕ maintained, kерt uр tо standards аnd thаt iѕ whоlе upon thе dаtе to mоvе intо it. Hоwеvеr, whеn thе property iѕ rented оr lеаѕеd, it is the tеnаnt that muѕt ensure the real еѕtаtе unit is kерt in gооd condition even through thе standard wеаr and tear.

 

Hоw tо Pау fоr thе Purсhаѕе of a Business

When ѕоmеоnе hаѕ dесidеd thаt a buѕinеѕѕ should bе created, hе or ѕhе thеn muѕt determine ѕеvеrаl thingѕ. Of these, thе most imроrtаnt iѕ оftеn the matter of funding. There аrе vаriоuѕ sources оf роѕѕiblе mоnеу tо invеѕt аnd ѕtаrtuр a nеw buѕinеѕѕ, but еасh mеthоd muѕt be researched аnd undеrѕtооd bеfоrе mоving fоrwаrd.

Free Initial Consultation with Real Estate Lawyer

If you have a REPC or real estate deal that you need to file a lawsuit on, call Ascent Law for your free consultation (801) 676-5506.  We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah

84088 United States
Telephone: (801) 676-5506

    Ascent Law LLC

    4.9 stars – based on 67 reviews

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This article originally posted at: http://www.ascentlawfirm.com/lawsuits-about-real-estate-contracts/

DUI License Suspension Hearing in Utah

DUI License Suspension Hearing in UtahIf you were arrested for DUI in Utah, you are probably wondering about what will happen to your driving privileges. If you don’t act quickly, your license may be suspended. This suspension could last anywhere from 90 days to two years, depending upon the specifics of your case. Our office is here to walk you through the steps you need to take in order to prevent this.

         

  1. Timing is crucial: You need to hire an attorney quickly and take immediate action to prevent a driver’s license suspension. From the moment you receive the citation, you have 10 days to request a Driver License Division (DLD) hearing to fight the automatic license suspension.
  2.      

  3. If time has run out to request a DLD license suspension hearing, you may have options for getting your driving privileges back. We can help you file an appeal if your license has already been suspended or revoked.
  4.      

  5. At the hearing: The hearing is an opportunity to not only fight your license suspension, but also build the groundwork for your future DUI defense case. This is a particularly important opportunity, and therefore it is important to have an aggressive and experienced lawyer by your side.
  6.      

  7. Be prepared: Because the prosecutors won’t be present at the hearing, this is an ideal moment for your attorney to examine aspects of your case that could benefit your defense later, such as flaws in police procedure, holes in the evidence or faulty test results.
  8.      

  9. Seize the opportunity: Your arresting officer will likely be called to testify under oath. We have a proven record of success in using a recording or transcript of an officer’s DLD license suspension hearing testimony to impeach his or her testimony in the DUI trial.

DUI Refusal to Test

Many people who are stopped by the police do not know their legal rights. They do not know whether they can refuse to take a portable breath test (PBT), refuse to submit to a roadside field sobriety test, or refuse a breath test after they are arrested. We can help you learn more about your rights and provide you with a strong defense regardless of which test you refused and when.

During your traffic stop: When you have been stopped by a police officer who suspects you of drunk driving, you have the right to remain silent, and we advise that you use this right to only offer the information necessary and nothing further. You also have the right to refuse the PBT test and the field sobriety test.

DUI License Suspension Hearing

After your arrest: If you are arrested for a DUI, refusing to take the Breathalyzer test at the station could result in severe consequences, including a driver’s license suspension lasting 18 to 24 months. Having adequate representation by a lawyer with experience handling these refusals is paramount to your defense.

The Prosecution’s Burden Of Proof

Whether or not you refused the PBT test, field sobriety test or the Breathalyzer test, our firm is ready to defend you. If you have refused these tests, the state may have a very difficult time proving the DUI charges against you because it has no physical evidence. Since you didn’t take the test, its options are limited.

In Utah, the state only has two ways of obtaining a DUI conviction: It has to show either that you were above the .08 blood alcohol content (BAC) limit or that you were incapable of safely operating a motor vehicle. Since you did not take the breath test, the state will have to prove that you were incapable of driving safely, something which can be difficult to prove.

Our attorneys have extensive experience in DUI cases and are not afraid to take a case to trial if necessary to protect a client’s rights. If we feel the prosecution is not able to meet its burden of proof, we will not hesitate to take a case to trial and seek a full acquittal on our client’s behalf.

Protecting Your Grandchild

Divorce can be a tumultuous event for all parties involved, but no one bears the emotional burden more than children. While in many cases a judge will grant custody to one or both parents, there are also instances when a child’s best interest lies with his or her grandparents.

Grandparent’s Rights

Whether the parents are still in the process of divorcing or have already divorced, the Utah State Legislature gives you, as a grandparent, the right to file for child custody and visitation. However, you should understand that it can be extremely difficult to gain a court’s approval. Many judges assume that a child’s best interest lies with the mother or father, and grant custody accordingly. That said, there are several scenarios in which a court may decide that the child would be better nurtured by you.

What The Courts Look At

Courts consider myriad factors when assigning visitation rights and custody, including:

         

  • A parent’s lack of competency or fitness
  •      

  • The passing or absence of a parent
  •      

  • Previous care from you as the grandparent
  •      

  • Unreasonable limitations placed on you

Above all, a judge will consider where the child’s best interest lies when making a decision. We can sit down with you and make a plan that shows your concern is for your grandchild. This will include the gathering of supporting information, drafting of documents, and preparing you for any child custody evaluation as well as the court process.

Free Consultation with Utah Lawyer

When you need legal help, call Ascent Law for your free consultation (801) 676-5506.  We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah

84088 United States
Telephone: (801) 676-5506

    Ascent Law LLC

    4.9 stars – based on 67 reviews

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This article was originally posted at:  http://www.ascentlawfirm.com/dui-license-suspension-hearing/

Law Firm Salt Lake City

Law Firm Salt Lake City

Did you know that ‘personal injury’ is a LEGAL TERM? Any injury to the body, to the mind or to your emotions falls under the definition of a ‘personal injury’. Personal injury cases fall under “tort” law, placing a monetary value on your pain and suffering. These kinds of cases are extremely technical in nature and require experienced and dedicated attorneys working in your behalf to obtain a truly favorable outcome.  When you need a  Law Firm Salt Lake, make sure you call Ascent Law.

PERSONAL INJURY – WHAT YOU SHOULD KNOW

Having an experienced attorney at your side provides you with the confidence, comfort, cost effectiveness and intelligence you need for personal injury litigation.

Road traffic accidents result in the most personal injury cases. But product liability, accidents in the home, assault claims, tripping accidents and accidents at work are also quite common reasons for seeking out advice from an attorney to consider your options.

In the United States, the litigation system for personal injury is extremely complex and controversial. In seeking legal representation, you want to find a firm with a proven track record, experience, aggressive and thorough.

BICYCLISTS MUST OBEY TRAFFIC LAWS

When a car or truck has a collision with a bicycle, the bicycle rider usually loses, no matter  who legally had the right of way. Bicycle riders should take extra care to obey the following safety tips:

Remember: Bikes Are Vehicles, Too

Legally, bicycles traveling on a road are required to be treated in the same way as any other vehicle traveling on the road would be. This means that, as a bicyclist, you must obey the same laws as other drivers do. Do not run red lights, change lanes without signaling, or commit other infractions. If you would not do it in a car, don’t do it on a bike.

Law Firm Salt Lake

Wear a Helmet

The easiest way to protect yourself is to always wear a helmet when you ride. Some jurisdictions require all riders to wear helmets, but even where it is not required, wearing an approved helmet can significantly reduce the chance of serious head injuries in the event of an accident.

Be Visible

Because bicycles are so much smaller than cars and trucks, it is important to make sure that others using the road can see you. Make sure that your bicycle has reflectors on the front and back and even on the wheels. When riding at night, wear light-colored clothing and use a light.

Be Aware

The best safety advice is to be aware of the conditions around you and be careful when riding. Always look both ways when entering a street and stay on the correct side of the street when riding. Keep a lookout for drivers who may not be looking out for you. Like other drivers, bike riders should ride defensively.

D.U.I. – TRUTH IN SENTENCING LAWS

Have you or someone you know been charged with a DUI (driving under the influence) or any of its many cousins, DWI, OUI, OWI, OMVI, DWAI, etc…? These charges are serious and very technical in nature to litigate in the American court of law.

Consider the following technicalities that must be handled with extreme jurisprudence:

         

  1. Blood alcohol content in excess of a defined level is the measurement in most jurisdictions for charging someone with a DUI. In other words, there is no need to prove that someone was actually impaired or being under the influence of alcohol…if your blood alcohol content is too high, you get charged.
  2.      

  3. Convictions do not necessarily involve actual driving of the vehicle.
  4.      

  5. In the case of a conviction, in the past, many prison times were reduced or suspended after sentencing had been issued. TODAY, many states in the U.S. have adopted truth in sentencinglaws that will enforce a strict guideline on the sentencing – a harsh punishment and no getting out early for good behavior.

Estimates are that nearly 2,000,000 arrests are made annually for driving under the influence of alcohol, with nearly 500,000 DWI offenders in prison or jail. Can YOU afford to take any chances with getting the very best defense in your behalf? NO!

Free Initial Consultation with Law Firm in Salt Lake

It’s not a matter of if, it’s a matter of when.  Legal problems come to everyone.  Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise.  So when you have a law question, call Ascent Law for your free consultation (801) 676-5506.  We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah

84088 United States
Telephone: (801) 676-5506

    Ascent Law LLC

    4.9 stars – based on 67 reviews

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Vehicle Accident Lawyer Farmington Utah 801-676-7309 Accident and Injury Law Attorney

Vehicle Accident Lawyer Farmington Utah 801-676-7309 Accident and Injury Law Attorney

What car insurance does, and What you are really buying

When you purchase automobile insurance, you are purchasing peace of mind and a level  of financial security. If you are concerned about losing your assets you may be interested in purchasing insurance. Recently, I went to a new insurance company and updated my own coverage. You know, as a Car Accident Lawyer, we have a different perspective than others and during that process, it occurred to me that a basic explanation of the options and levels of coverage that insurance companies offer might be helpful to those who are thinking about purchasing or updating their car insurance.

INSURANCE COVERAGE OPTIONS:

If you call an auto insurance agent today and tell them that you would like to purchase insurance for your car, you will be struck by just how many different options are available. Do you want collision coverage or just basic liability? How much liability coverage do you want-basic or higher limits of coverage? Do you want Med Pay? How much Med Pay do you want? How about uninsured motorist coverage? What about an umbrella policy?

Decision #1: Liability Only, Or Full Coverage:

The basic insurance that every car owner in Utah is required to carry, at the very minimum, is a 25K/50K liability policy. That means that if you crash into someone, your insurance company will pay no more than $25,000 per person, and no more than $50,000 per accident for the physical injuries, medical bills, wage loss, and emotional suffering to the people that your careless driving hurt. This minimum coverage also pays no more than $15,000 for all property damage that you cause as the at-fault driver.

So what happens if you have a minimum limits policy and your bad driving kills someone on the road? This is a great example of when your insurance may be exhausted and you still might be looking at many hundreds of thousands of dollars of personal liability. There is nothing wrong with purchasing only liability coverage at the minimum limit. However, this type of coverage is not appropriate if you make good money, have assets, or are not prepared to declare bankruptcy in the event that you really injure someone in a crash.

Another coverage option that you can purchase in addition to liability is collision coverage (“full coverage”). The only benefit collision coverage adds to your policy is the ability to get your own car repaired or replaced, even if you cause the crash. If you have a nice car, and you are not okay with driving around with dents and dings on your vehicle, collision coverage is really important. Collision coverage will also pay to repair your vehicle if a deer jumps in front of your car, if you park your car and it gets hit, or if you inexplicably smash your car into a tree or light post.

If you are not at fault for the crash, you do not need to look to collision coverage to pay for the damage to your car. The at-fault driver’s insurance will have to pay. But with collision coverage on your policy, if you don’t like what the at fault driver’s insurance wants to pay for your car damage, you can always have your insurance company repair your vehicle through your collision coverage. Clearly, having collision coverage is for anyone who has a newer vehicle that he would want to repair if it was damaged in a car accident.

Decision #2: Limits of Liability:

When you are choosing the liability limits of your insurance policy, this is not the time to go cheap. When you are asked how much liability coverage you want, the real question is how much protection you need from people who sue you if you injure them in an accident. Again, the amount of liability coverage that you need is determined by what you have as far as assets, money, good job, etc. For example, a millionaire should be looking for a million dollars or more in liability coverage limits. A young college student needs nowhere close to that amount of coverage. A basic 25/50 policy would probably be fine. When that student graduates, gets a job, a wife, a baby, and a mortgage, changing over to higher liability coverage limits would probably be in order.

Think of it this way. Assume you are driving down the road and you get an important call on your cell phone. While trying to answer your phone, you strike and severely injure a pedestrian in a cross walk. When I get hired by that injured pedestrian whose injuries now prevent her from working, I will be looking to determine the extent of my client’s current and future medical needs and past and future wage loss. I will then compare those figures against the limits of your liability coverage. If my client’s medical needs are greater than your coverage limits, I will have to make a decision as to whether I’m going to accept a settlement with your insurance company for the limits of your coverage, OR decide to take you to court in the hopes of reaching beyond your insurance coverage limits to take your personal assets. So, if you have low coverage limits, but have a house with equity, cars you own outright, savings accounts, or a good job where I can garnish your wages, then I may decide not to take what your insurance company is willing to pay and instead pursue you in excess of your coverage limits.

Automobile Insurance

Consequently, you should try to purchase liability coverage that is equal to or better than your own financial picture. Beyond basic 25/50 coverage, insurance companies nearly always offer 50/100, 100/300, and 250/500 coverage limits. Remember, the first number signifies how much your insurance company will pay to any injured person looking to come after you for your bad driving, and the second figure is the total amount that they will pay regardless of how many people you hurt in your crash.

Many insurance companies offer one million dollars of liability coverage. Professionals with houses, cars, and good jobs should strongly consider such higher limits of coverage. Again, the higher your liability coverage limits are, the more likely the people that you injure in a car accident will limit their demand for injury compensation to the limits of your liability coverage. In other words, having a lower liability coverage limit increases your risk of personal liability if you are involved in an accident. Conversely, having a higher liability coverage limit reduces the risk of personal liability.

Decision #3: Uninsured/ Underinsured Coverage

Studies show that 15-25% of all drivers on the road are uninsured. Regardless of how much liability insurance you have, if you don’t purchase uninsured motorist coverage, and you are injured by an uninsured driver, no one will be there to compensate you for your injuries and losses. Beyond the population that is completely uninsured, most drivers on the road are underinsured. Purchasing uninsured coverage gives you the ability to look to your insurance company to compensate you for your injuries that are caused by at-fault uninsured and underinsured drivers.

As a basic rule, whatever level of liability coverage you have, you should consider the same amount of coverage to protect you against uninsured and underinsured drivers. So if you decide you need 250/500 liability coverage, you get 250/500 uninsured motorist coverage for the same reasons. It tends to be rather cheap coverage and invaluable if you are hurt by a careless driver.

Decision #4: How About Umbrella Coverage?

Insurance companies also sell a product called umbrella coverage. These are generally affordable secondary policies that protect you up to another million dollars beyond any other policy that you might have in place. For less than a couple hundred dollars a year, you can add an umbrella policy to your car insurance coverage to protect you from personal liability for injuries that you cause to others that might exceed your current coverage limits. Additionally, some insurance companies sell umbrella policies that can be used as secondary uninsured/underinsured motorist coverage. If you are injured, these umbrella policies, along with your uninsured motorist coverage, can afford you high levels of potential insurance coverage.

Because the cost of umbrella coverage is so reasonable, and because they provide such complete and massive coverage, any professional with assets and obligations, mortgages, children, a good job, etc. should strongly consider adding this coverage to their existing coverage if possible.

Free Consultation with Car Accident Lawyer

If you’ve been injured in a vehicle accident, you need to protect your rights. c Call Ascent Law for your free consultation (801) 676-5506.  We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah

84088 United States
Telephone: (801) 676-5506

    Ascent Law LLC

    4.9 stars – based on 67 reviews

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Original Article posted here:  http://www.ascentlawfirm.com/automobile-insurance/

How Have Child Custody Laws in Utah Changed?

How Have Child Custody Laws in Utah Changed?

Recent changes in the Utah Statutes affecting custody in Utah have created a presumption of joint legal custody. Joint legal custody means the sharing ofthe rights, privileges, duties, and powers of a parent by both parents. Utah Code Ann 30-3-10.1.

The presumption of joint legal custody is outlined in Utah CodeAnn 30-3-10:

There shall be a rebuttable presumption that joint legal custody, as defined in Section 30-3-10.1 is in the best interest of the child, except in cases where there is:

  • Domestic violence in the home or in the presence of the child;
  • Special physical or mental needs of a parent or child, making joint legal custody unreasonable;
  • Physical distance between the residences of the parents, making joint decision making impractical in certain circumstances; or
  • Any other factor the court considers relevant including those listed in this section and Section 30-3-10.2.

how have child custody laws in utah changed

How Do the Child Custody Laws in Utah Affect Parental Rights?

The statutory changes in the state of Utah for legal custody have helped many divorced parents ensure that they will have a contributing voice in the important decisions made for their children. The statutory presumption of joint legal custody has been beneficial for many people going through the difficult process of divorce. Shared decision can many times help in reducing the manipulation that one spouse uses over the other spouse in some sole legal custody situations.

It is important for parents to create parenting plan as part of the custody case. A parenting plan is required for any case that has shared joint custody, be it legal or physical. In order to establish ground rules, and a game plan for helping the children receive care and consistency, and in an effort to encourage parents to work together, a parenting plan is drafted, and then implemented in custody cases.

How is Utah Alimony Awarded?

A spouse may be entitled to Utah alimony. Utah Code Ann. 30-3-5(8) states that the court is to consider the following factors in awarding alimony:

(i) the financial condition and needs of the recipient spouse;

(ii) the recipients earning capacity or ability to produce income;

(iii) the ability of the payor spouse to provide support;

(iv) the length of the marriage;

(v) whether the recipient spouse has custody of minor children requiring support;

(vi) whether the recipient spouse worked in a business owned or operated by the payor spouse; and

(vii) whether the recipient spouse directly contributed to any increase in the payor spouses skill by paying for education received by the payor spouse or allowing the payor spouse to attend school during the marriage.

The statute goes on to say in subsection 8(h):

Alimony may not be ordered for a duration longer than the number of years that the marriage existed unless, at any time prior to termination of alimony, the court finds extenuating circumstances that justify the payment of alimony for a longer period of time.

Can Alimony be Terminated?

Utah alimony can be terminated early due to the remarriage or cohabitation of the party receiving alimony. While remarriage is easy to show, cohabitation proves to be more difficult. Cohabitation includes participation in a relatively permanent sexual relationship akin to that generally existing between husband and wife, and the sharing of the financial obligations surrounding the maintenance of a household Myers v. Myers, 266 P.3d 806, at 809 (2011). Cohabitation means more than just living together for a brief period of time, must include a sexual relationship, and sharing expenses.

Free Consultation with Child Custody Lawyer

If you have a question about child custody question or if you need to collect back child support, please call Ascent Law at (801) 676-5506. We will aggressively fight for you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah

84088 United States
Telephone: (801) 676-5506