What happens if you are without a will when you die? Every state has its own laws that generally favor a spouse and children before other relatives. In some states, it is possible to disinherit a relative, but that intent must be clearly included in a will.
The Individuals with Disabilities Education Act was approved by Congress in 1975 and studies in the ensuing 30 years indicate that more and more students with disabilities are finishing high school. According to the U.S. Department of Education, drop out percentages fell by 17 percent between 1987 and 2003.
Judge Francis Biddle (1866-1968) sat at the Nuremberg Trials and served as the US Attorney General from 1940 to 1945. Regarding the importance of documented civil law, he observed, “In this court, the unwritten law is not worth the paper it isn’t written on.”
What happens if the school refuses a request to provide a special education evaluation for your child? An education attorney can help you get written answers for the refusal - which is required by law - and explain your options.
Were you aware that students have the right to express political views through their clothing? This can include, for example, wearing clothing that endorses a political candidate, or clothing that supports or opposes certain rights. Of course, rules may differ in private schools that require uniforms, and most school dress codes do not allow anything obscene.
Money is often a key issue when couples decide to get a divorce. However, saving money by not hiring an attorney is a recipe for potential disaster. Experts say divorces are complicated enough to require an attorney, particularly if your spouse has hired one.
Probate (meaning "proving a will") law covers all of the civil cases that involve personal affairs. It can include wills, but can also include conservatorships for people who are unable to handle their own finances or take care of themselves.
There are several different instances where hiring an education lawyer is going to be beneficial. This includes if your school is refusing to accommodate your special needs child, if your child was discriminated against, or if your school is trying to expel your child.
Do you know the things you should do and those things you should be sure not to do after an auto accident? A civil attorney can ensure you don’t agree to a quick settlement that may not adequately compensate you for your property damage or any physical injuries.
Do not worry that your child, who is struggling in school, may be transferred to a special education classroom without notice. An experienced education lawyer can explain the process of evaluating and providing special education services, which requires parental consent before schools take any action.
Did you know that civil cases do have some constitutional protections in place? For instance, the involved parties must file and receive the consent of the court in order to begin the discovery process, and can only investigate those areas allowed by the court.
Were you aware that parents of children with disabilities have certain rights and legal protections, under both federal and state laws? For example, both federal and state laws provide safeguards when children with disabilities are faced with discipline by the school district.
In order for a class action lawsuit to be viable, those involved in the suit must be in substantially similar circumstances, where the common issues are critical to the lawsuit. This might involve, for instance, a large number of consumers who are injured as a result of an allegedly defective product.
Ever wonder why client-lawyer privilege is important? This arrangement, which happens to be a pillar of the law profession, protects not just clients but the profession itself. By ensuring that concerns are kept confidential, clients are more likely seek out an attorney's help.
Criminal cases are based on establishing guilt "beyond a reasonable doubt," but not civil cases. Civil cases are judged either on the basis of "clear and convincing evidence" or a "preponderance of the evidence." Basically, which version of the facts seems more believable or likely.
More often than not, parental intuition is RIGHT- if you think that your child is being discriminated against or treated badly, do your research-and if needed, bring in an attorney who knows how to prevent it.
What happens if you have no living relatives when you die? If you don’t have a will or haven’t updated your will, the rules of the state where you died will take precedence. In Maryland, for example, your assets would be sold and the money given to the state Board of Education. Instead, you could have a civil lawyer include a provision in your will naming your favorite charity in the event none of your relatives are alive when you pass away.
Did you know that even if your child has learning disabilities, he or she has the right to a free and “appropriate” public education? By “appropriate,” the law means that any child has the right to education services and resources specifically tailored for his or her needs.
Our expert team of civil litigation lawyers is trained to handle all types of cases, including civil rights and discrimination suits, commercial litigation, and accident suits (such as auto and slip-and-fall incidents).
Under the Individuals with Disabilities Act (IDEA) you as a parent have the right to have your child evaluated and tested through the schools. This is meant to determine whether he or she indeed has a learning disability and qualifies for special assistance.
So what exactly does the term “tort” refer to when it comes to civil law? This is a wrongful act (whether intentional or accidental) from which injury occurs to another. This type of case ranges from negligence circumstances to intentional wrongdoing.
While there is a general understanding of education and how schools must provide it, each state views these responsibilities differently, perceptions are not always consistent. If you have an issue with your children’s school or district, an attorney practicing education law is your best resource for information and assistance.