Basically, in a civil trial, the burden of proof is going to rest with the plaintiff, or the one who has filed the claim. He or she will need to be able to support allegations of loss or injury in order to collect any damages from the defendant.
One of the keys to understanding current education law is that it constantly seeks to strike a balance. This includes maintaining a balance between student safety while respecting constitutional rights, and the balance between ensuring each child receives an education while accommodating the special needs of some students.
It’s important to understand that if you did not incur monetary or physical damages as a result of the event you are considering a lawsuit over, then chances are that you do not have a case. In order to take someone to court, you need to prove that you are owed a particular amount.
While rules can be put in place very quickly, the creation of laws requires a lengthy process. Starting as bills filed by legislators, these are scrutinized, debated, reworked and re-examined to ensure that they are effective before they are signed into law by the head of state.
Families who are raising children with special needs often need a little extra support to ensure that the legal rights their child has are protected- and an attorney specializing in education and discrimination law can be the support that they are looking for.
We all do our best to find good business partners and other companies to work with, but occasionally, things still go wrong, and a business dispute can get very complicated very quickly. Fortunately, civil attorneys are used to the complication and can help you resolve the dispute.
The bottom line is, the more complicated the learning disability your child has or complex the case, the more resources your child is going to need. A education attorney can help you navigate the process to get your child the help he or she needs.
The simplest and most convincing reasons to write a will is that your assets will only go where you want them to with a will. This is often an issue when an ex-spouse is involved. A civil lawyer can help you to write up and then update your will, so there will be no confusion.
The area of special education is quite complex with several federal laws, such as the Individuals with Disabilities Education Act, that are designed with the ultimate goal that every child receives an appropriate public school education.
When you’re bringing a lawsuit against someone, it’s important to know that your defendants don’t necessarily have to be people. They could be organizations, businesses or even government agencies.
If you are a student applying for financial aid, it’s important to remember that you do have legal responsibilities. For example, you are responsible for reading and understanding all forms that you are asked to sign, and also responsible for keeping copies of these forms.
Unlawful discrimination refers to inequitable treatment of an individual or group on the basis of any protected characteristics, including age, ethnicity, race, disability, gender, marital status, religion, national origin, sexual orientation, or religion.
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.
We recognize how difficult it can be to be the first person in a company to fight against their discriminatory practices. Remember, winning your case in court could improve working conditions for other people in addition to yourself.
Parents of children with special needs may find it necessary to seek assistance from an education attorney. Why? In spite of established law, some school districts refuse to provide appropriate accommodations that address your child’s special needs.
It’s important to remember that the civil rights landscape is always changing in our country. While it may have been normal to endure certain discriminatory treatment in the past, you may now have the law on your side.
In 1972, the Supreme Court ruled in favor of a Wisconsin Amish group that challenged the state’s compulsory attendance law. They successfully argued their children should be able to leave school after eighth grade, because they’d acquired sufficient formal education for the Amish way of life.
While being an attorney is generally equated with power and wealth, the truth is, not everyone who passes the bar makes it to the big leagues. In fact, with the great number of law graduates joining the work force each year, competition is pretty fierce.
Do you feel as though you’re being strong-armed by a government agency with regards to the zoning of your property? Let’s discuss the details of your situation to determine how best we can help.
Did you know that a significant part of current education law addresses issues concerning discrimination in the schools? This can include everything from sexual harassment to busing issues to bilingual education and equality.
Civil and criminal law are quite different. In civil law, the goal is to utilize established law and precedent to resolve conflicts. In criminal law, the goal is to determine guilt or innocence within legal constraints and assign punishment, such as a fine or incarceration.
According to children’s advocates, if your child is facing long-term suspension or expulsion, it’s smart to consult an attorney as soon as you receive notification. The attorney can help you explore the best course of action for your child and understand your legal options.
During mediation, both parties and their civil attorneys meet with a trained mediator to discuss the merits of a case. The mediator is a neutral party who, although not allowed to force the parties to settle, presents the risks for each party of going to trial to reach a settlement.