Legal Research (page 2)
How to Use -- Contents
Slightly Creaky does research to find the links you would most likely need and provides them for you in an easy-to-find format. You can access the various categories from any of our pages using the top or side menus. Each category has generalized headings, followed by more specific ones.
Law Research Categories
Updated April 22, 2012
Please Contact us if you find a broken or bad link.
Our legal research sections are located on four pages.
Use these links to go directly to the category or section you seek.
Caution - Proceed with care
Slightly Creaky is not responsible for the content of web sites listed here or the actions taken by the people owning, managing, or participating on these sites. Once you click on a link you are leaving our site.
These listings are the result of thousands of hours of research. It is the property of Slightly Creaky and may not be reproduced in any form. Every attempt has been made to provide an accurate description of each organization. Contact us if you find an error.
Have We Missed a Website?
We are constantly looking for more information, more links, as well as featured articles. Please help us improve our site and service. The Internet had millions of web pages; we can only sample a few of them. Our purpose is to give our viewers a taste of what is out there so you can start a new activity or improve one that you already enjoy.
If you know any sites we should include write to suggestions@slightlycreaky.com
Consumer Law
Consumer Law
Also see the Slightly Creaky Consumer Information page.
| "Consumers' financial rights are protected by federal and state laws and regulations covering many services offered by financial institutions. This brochure will assist organizations which often receive complaints about banks, savings and loan associations, and credit unions in referring complaints to the proper regulatory agency." | |
| Consumers' Financial Rights | |
| FDIC Consumer Alerts | From the Us Federal Deposit Insurance Corporation |
| Credit Billing Errors | "Billing errors do occur, but they are simple to resolve if you know how to use the Fair Credit Billing Act (FCBA). Under this law, you must send the creditor a written notice about the problem to avoid paying for any charges you dispute." |
| A Consumer's Guide to Air Travel | From the Federal office of Aviation Enforcement & Proceedings |
| Protecting Fair-Use Rights In The Digital World | " Have you ever made a tape of your favorite songs to enjoy in your car stereo? Have you ever bought a CD and ripped it to your portable MP3 player? If so, you should know that recent changes to copyright law have been used to take away your personal use rights to the media you legally acquire. That means that activities like making mixes or copying music to a portable player are quickly being restricted or prevented." |
| Consumer Information From the FTC | "This section of the FTC website offers practical information on a variety of consumer topics. The information here can help you avoid rip-offs and exercise your consumer rights." |
| National Consumer Law Center | " The National Consumer Law Center (NCLC) is the nation’s consumer law expert, helping consumers, their advocates, and public policy makers use powerful and complex consumer laws on behalf of low-income and vulnerable Americans seeking economic justice." |
| Association for Consumer Research | "The mission of the Association for Consumer Research is to advance consumer research and facilitate the exchange of scholarly information among members of academia, industry, and government worldwide." |
| Food Safety A-Z | From the European Commission |
| Easy form provided by the Better Business Burerau. "BBB sees trust as a function of two primary factors – integrity and performance. Integrity includes respect, ethics and intent. Performance speaks to a business’s track record of delivering results in accordance with BBB standards and/or addressing customer concerns in a timely, satisfactory manner." | |
| Check Out a Business or Charity | |
| Stop Scammers | "About known scammers involved in dating fraud (scam) with complete information, photos, scam reports, media files, fake documents (passports, visas, etc.), forum, different scam scenarios, warning signs, resources for reporting and much more." |
| Privacy Rights Clearinghouse | "The PRC's goals are to: Raise consumers' awareness of how technology affects personal privacy; Empower consumers to take action to control their own personal information by providing practical tips on privacy protection; Respond to specific privacy-related complaints from consumers, intercede on their behalf, and, when appropriate, refer them to the proper organizations for further assistance, and to Document the nature of consumers' complaints and questions about privacy in reports, testimony, and speeches and make them available to policy makers, industry representatives, consumer advocates, and the media." |
| Full Frontal Security | "This Web site seeks to expose front groups, which are organizations that state a particular agenda, while hiding or obscuring their identity, membership or sponsorship, or all three." |
| OnGuard Online | "Provides practical tips from the federal government and the technology industry to help you be on guard against Internet fraud, secure your computer, and protect your personal information." |
| Online Security Guide | From Consumer Reports. |
| Badware Busters | " |
| Stop Badware | "Committed to protecting Internet and computer users from the threats to privacy and security that are caused by bad software." |
| The Consumer Action Handbook | "Have a consumer question or problem? You've come to the right place for help. All of the information available in the Consumer Action Handbook is available right here online. Just use the left hand navigation bar to browse through the site" |
Also see the Slightly Creaky Consumer Information page. |
|
| Auto Fraud | "The last thing an auto buyer should expect after buying a new or used car are problems that result from auto fraud, which occurs when the seller of the vehicle either fails to disclose the complete history of the car you are buying, or alters or destroys evidence pertaining to any part of the vehicle's age, condition or inherent or acquired defects." |
| Guides Against Bait Advertising | "Bait advertising is an alluring but insincere offer to sell a product or service which the advertiser in truth does not intend or want to sell. Its purpose is to switch consumers from buying the advertised merchandise, in order to sell something else, usually at a higher price or on a basis more advantageous to the advertiser." |
| Bait & Switch | "The bait and switch is a fraudulent sales tactic that is punishable by US law, as false advertising. Though the law forbids the bait and switch, it is commonly used, and one can find examples of it in virtually any advertising circular for major department stores, electronics and computer stores, and automobile retailers. The purpose of the bait and switch tactic is to get customers to visit a store or business by advertising very low prices. Once the customer is in the store, the salespeople attempt to offer the customer items at higher prices." |
| What Constitutes False Advertising? | "Advertisements that contain representations that are false, misleading, or deceptive are illegal under state and federal laws. To be found guilty of false advertising, it must be shown that the advertisement was deceptive in nature." |
| Myths and Half-Truths About Deceptive Advertising | "The FTC is charged with protecting consumers from unfair or deceptive acts or practices. In advertising and marketing, the law requires that objective claims be truthful and substantiated." |
| How to Sue for Deceptive Advertising | "If you believe that you've been a victim of deceptive advertising, you might be tempted to take the company or individual that wronged you to court. Lawsuits for deceptive advertising can go either way, depending on the strength of the evidence collected and the degree to which the defendant protected himself." |
| Truth in Leasing | "If you are wondering whether leasing your next car would be a good idea? Would you rather lease than buy furniture for an apartment you'll use for only a year? When leasing looks like a good option, there's a federal law that will help you shop for the best deal. The Consumer Leasing Act requires leasing companies to tell you the facts about the cost and terms of their contracts." |
| What Are Infomercial Scams | "One increasingly popular way to advertise a niche market product or new invention is through a long form informative television commercial, or infomercial. While infomercials have been used to sell everything from miracle vitamins to exercise equipment, not all of these professionally produced advertisements are telling the complete truth about their products or services." |
| Infomercial Watch | "Except for some exercise-related items that may work if the user does not become bored with them, few if any health-related products sold through 30-minute infomercials will live up to the claims made for them. In addition, many sellers fail to honor refund requests and/or make unauthorized credit card charges." |
| Frauds and Scams Protect Yourself and Your Money |
From the Federal Reserve Bank. "Everyone is subject to fraudulent schemes and con games. Older people in particular seem to be frequently targeted, perhaps because as a group they tend to be more trusting of others and assume the same sincerity in return.This pamphlet will describe some typical financial frauds and scams and suggest how to protect yourself and your money." |
| Avoiding Scams and Fraud | From Craigslist. "You can sidestep would-be scammers by following these common-sense rules." |
| Tips On How To Recognize Make Money Scam Sites | "If you have been online for quite sometime then you probably came across make money opportunities. Here's two examples. <<Make $1000 per week in your sleep. Guaranteed.>> <<Make money without lifting a finger. Make $1000-$2000 per week. Secrets revealed at last.>> Most probably it is a scam. It is not that easy to make money. If it is so easy to make money then everyone on earth will be making money doing online investments and nothing else. Super affiliates and internet marketers knew that in order to make money online, it is all hard work and having sleepless nights fine tuning their online business. Learning curves is also high.They need to know of any changes in internet marketing techniques or new marketing techniques." |
Select from list - half way down page. |
|
| State-by-State Sales Laws | |
| Sales Law | "Transactions for the sale (and leasing) of goods is governed mainly by sales laws of each state. Every state, with the exception of Louisiana, has adopted, Article Two of the Uniform Commercial Code as the main body of law regulating transactions in goods. Goods are defined as all things movable and identified to the contract of the sale." |
| Grocery Store Rain Checks | "If you cannot find an advertised sale item on the grocery shelf, ask for it. If the store has run out, you can ask about a rain check. Unless the ad says quantities are limited, the grocer probably will offer you some form of compensation. The Federal Trade Commission's (FTC) "Unavailability Rule" says how, and if, you and other customers should be compensated. " |
| Blue Laws | "A blue law is one restricting activities or sales of goods on Sunday, to accommodate the Christian sabbath. The first blue law in the American colonies was enacted in Virginia in 1617. It required church attendance and authorized the militia to force colonists to attend church services." |
| Federal Trade Commission | "The FTC deals with issues that touch the economic life of every American. It is the only federal agency with both consumer protection and competition jurisdiction in broad sectors of the economy. The FTC pursues vigorous and effective law enforcement; advances consumers’ interests by sharing its expertise with federal and state legislatures and U.S. and international government agencies; develops policy and research tools through hearings, workshops, and conferences; and creates practical and plain-language educational programs for consumers and businesses in a global marketplace with constantly changing technologies." |
| Consumer Rights & Protection | "Lots of Material on the Problems & Questions We Consumers Run Into" |
| Consumer Protection Laws | "All states have "common law" (judge-made law) about fraud that provides broad, general protection against business practices that would be considered fraudulent." |
| Bulk Sales Law | "Bulk sales" laws are intended to prevent business owners from defrauding or evading creditors by transferring all (or a substantial portion) of the assets of the business to another individual or entity. The law is also intended to avert the possibility of businesses selling their assets below fair " |
| Consumer Protection Laws and Your Business | A look at consumer laws from the business point of view. |
| ADA Building Codes | "This document contains scoping and technical requirements for accessibility to sites, facilities, buildings, and elements by individuals with disabilities. The requirements are to be applied during the design, construction, additions to, and alteration of sites, facilities, buildings, and elements to the extent required by regulations issued by Federal agencies under the Americans with Disabilities Act of 1990" |
| "When individuals are harmed by an unsafe product, they may have a Cause of Action against the persons who designed, manufactured, sold, or furnished that product. In the United States, some consumers have hailed the rapid growth of product liability litigation as an effective tool for Consumer Protection. The law has changed from caveat emptor ("let the buyer beware") to Strict Liability for manufacturing defects that make a product unreasonably dangerous." | |
| Product Liability | |
| Product Liability | "Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. " |
| Defective Products | "A "defective product" is one that causes some injury or damage to person as a result of some flaw or weakness in the product, its labeling, or the way the product was used. The manufacturer of the product that caused the injury, as well as those involved in the chain of commerce, are often liable for injuries caused by defective products." |
| Strict Liability | "Strict liability often applies when people engage in inherently hazardous activities, such as doing "blasting" in a city, or keeping wild circus animals. If the blasting damages you -- no matter how careful the blasting company was -- it is liable for the injury." |
| Strict Liability Products Liability - Ultrahazardous Activity |
"Strict liability in tort is the concept that in certain situations a defendant is liable for plaintiff's damages without any requirement that the plaintiff prove that the defendant was negligent." |
| Alternative Rules for Determining Tort Liability | "The doctrine of strict liability allocates the presumption of responsibility for certain types of accidents to the defendant instead of the plaintiff. This alleviates the burden of proof that usually rests on the plaintiff when trying a case." |
| Food Poisoning Law | From AttorneyPages.com |
| "Negligence is the doing of something which a reasonably prudent person would not do, or the failure to do something which a reasonably prudent person would do, under the same or similar circumstances. It is the failure to use ordinary or reasonable care. Ordinary or reasonable care is that care which persons of ordinary prudence would use. " | |
| Negligency | |
| General Negligence | "General Negligence is the term used whenever a person is injured due to the recklessness of carelessness of another person. When we say general negligence, it actually pertains to the failure of another person to observe the necessary diligence required of him or her under the present circumstances. In reality, each one of us is obliged to be careful, mindful and always observant in our actions to avoid danger not only to ourselves, but to our neighbors as well." |
| Proving Fault: What is Negligence? | "Generally speaking, when someone acts in a careless way and causes an injury to another person, under the legal principle of "negligence" the careless person will be legally liable for any resulting harm." |
| Legal Definition of Negligence | "Negligence may be a legal cause of damage even though it operates in combination with the act of another, a natural cause, or some other cause if the other cause occurs at the same time as the negligence and if the negligence contributes substantially to producing such damage." |
| Negligence and Malpractice Law | "Proving negligence as the cause of any injury to another person is quite difficult. A negligence lawsuit considers many important factors to determine the success of any case." |
Consumer Reports online news blog. (Discontinued, but still a good resource.) |
|
| Consumer Reports Webwatch | |
| Consumer Affairs | Consumer news |
| The Consumerist | "The Consumerist empowers consumers by informing and entertaining them about the top consumer issues of the day. We are a leading online resource for consumer-driven advice about dealing with everything from non-existent customer service to onerous cell-phone contracts to ever-shrinking (and ever-more-expensive) grocery products." |
| News Inferno | Consumer headlines |
| MSNBC Consumer News | The consumer section of the online MSNBC news report. |
| American Consumer News | "An online magazine which will provide you a steady stream of tricks, trips and ideas to help get you closer to financial freedom. We discuss topics such as investing, real estate, frugality, saving money, debt reduction and more. " |
| Federal Citizen Information Center | "For over 35 years, the Federal Citizen Information Center (FCIC) has been a trusted one-stop source for answers to questions about consumer problems and government services." |
| Consumers Union | "Consumers Union is an expert, independent, nonprofit organization whose mission is to work for a fair, just, and safe marketplace for all consumers and to empower consumers to protect themselves." |
| Consumer News | Phoenix, AZ Consumer news online |
| Safe Consumer News | Consumer news blog. |
| "Welcome to the #1 website dedicated to helping you protect yourself from clever scams -- online and offline! You'll find lots of great resources on how to avoid the most popular scams,identity theft threats, viruses and urban legends making the rounds.Plus, we have Resource Centers filled with suggestions for reducing spam, preventing identity theft, useful consumer tips, and our Scam Check Station" | |
| Scam Busters | |
| Better Business Bureau | "BBB sees trust as a function of two primary factors – integrity and performance. Integrity includes respect, ethics and intent. Performance speaks to a business’s track record of delivering results in accordance with BBB standards and/or addressing customer concerns in a timely, satisfactory manner." |
| Scam.com | "If this is your first visit, be sure to check out the FAQ by clicking the link above. You may have to register before you can post: click the register link above to proceed. To start viewing messages, select the forum that you want to visit" |
| Consumer News Service | Processing over 50,000 complaints a year, ConsumerAffairs.Com provides articles, videos, and information about a variety of scams. |
| Ripoff Report | "Ripoff Report® is a worldwide consumer reporting Web site and publication, by consumers, for consumers, to file and document complaints about companies or individuals. While we encourage and even require authors to only file truthful reports, Ripoff Report does not guarantee that all reports are authenic or accurate. Be an educated consumer. Read what you can and make your decision based upon an examination of all available information." |
| Consumer Review | "The leading source of user-generated buying advice for outdoor sporting goods and consumer electronics." |
| Planet Feedback | "Helping Consumers Express Their Voice, Helping Companies Prime Their Ears" |
| Online Consumer Reviews | "If you're thinking about buying something, using a new service, or traveling, then find out what average consumers are saying. Though professional reviews are helpful, it's really nice to find out what the rank and file users can share." |
| "The Securities Class Action Clearinghouse provides detailed information relating to the prosecution, defense, and settlement of federal class action securities fraud litigation. The Clearinghouse maintains an Index of Filings of 2682 issuers that have been named in federal class action securities fraud lawsuits since passage of the Private Securities Litigation Reform Act of 1995. " | |
| Class Action Clearinghouse | |
| Class Action Lawsuits | "A class action lawsuit in a civil lawsuit that is brought by one person or a few people on behalf of a larger group of people who have suffered similar harm or have a similar claim." |
| Class Action | "A class action is a procedural device that permits one or more plaintiffs to file and prosecute a lawsuit on behalf of a larger group. The class members who have suffered the same wrong at the hands of the defendant but who are too numerous for the court to adequately manage the lawsuit if each class member were required to be joined as named plaintiffs." |
| The Class Action Fairness Act of 2005 | "This legislation is an attempt to reform an area of the law often perceived as a vehicle for abuse by attorneys. The Class Action Fairness Act represents an aggressive, but logical, series of provisions that are expected to curb the enormous legal fees often received by attorneys representing the plaintiff class, provide class action litigants (including defendants) with broader access to federal courts, and offer greater protection for the individual interests of the class members themselves." |
| Class Action News | Class action litigation information |
| Class Action Lawsuits | "Almost all of us have at one time received notice from the courts that we are a member of a class action lawsuit and have wondered, "What does it all mean? What is the best course of action for us to take? What do I stand to gain or lose if I take one action or the other?" |
Business Law
Business Law
Covers more than a dozen topics dealing with business law |
|
| General Business Information | |
| What is Due Diligence? | It is best described as: “The process of systematically evaluating information, to identify risks and issues relating to a proposed transaction, i.e. to verify that information is what it is proposed to be”. |
| Business.gov | "Business.gov helps small businesses understand their legal requirements, and locate government services supporting the nation’s small business community." |
| General Business Law | "General business law includes things as diverse as incorporation, raising money, hiring employees, negotiating contracts and litigating business disputes. " |
| Legal Information for U.S. Business Organizations | "The following miscellaneous information may be helpful as an overview of various aspects of business law in the United States of America. Businesses requiring legal advice should contact an attorney." |
| State Specific Labor Laws | Listed by state and by category |
| U.S. Business Taxes for Small For-Profit Businesses | "This library includes thousands of links to tax-related sites. As with other topics in the library, there are enough links included below to cover the basics and help the reader find more information if needed. Regarding federal taxes (the type of taxes most written about), the most comprehensive overviews are included in IRS Publications 17 and 334 (links to these are included below). " |
| Small Business Law | General topics. |
| Foster Business Library | Contains many good links. "Foster Business Library research guides are aimed at University of Washington students, faculty, and staff, highlighting resources available to them; users not currently affiliated with the university may be unable to access some of these resources." |
| Employment, Labor, and Pension Law | Links to online resources. |
| "This topic in the Library provides comprehensive advice and materials for anyone who is considering starting a nonprofit organization. The reader can use the free information in this Library topic, along with other Library topics that are referenced later on below" | |
| Starting a NonProfit Organization | |
| Nonprofit Law | "If you are interested in starting a nonprofit or have general questions on nonprofit law you have come to the right place! The questions that follow will help you determine if an organization is eligible to apply for recognition of exemption from federal income taxation under section 501(a) of the Internal Revenue Code and, if so, how to proceed." |
| Nonprofit Organizations | "A non-profit organization is a group organized for purposes other than generating profit and in which no part of the organization's income is distributed to its members, directors, or officers." |
| Nonprofit Law Resources | "Links to non-profit law related websites, listservs, and research guides" |
| Nonprofit & Philanthropy Law | Frequently updated list of articles. |
| International Center for Nonprofit Law | "Our program areas include legal framework for civil society, civil society sustainability, good governance and accountability, public-private partnerships, self-regulation, advocacy and public participation, and educational initiatives." |
| "The difference between carrying on a business and a hobby is that a business has an expectation of profit, is run in a systematic, continuous and regular businesslike manner, and has ordinary commercial principles governing it (such as business and accounting records). A person who collects and sells baseball cards on a regular basis from a store is engaged in a business, while a casual collector, who will occasionally trade a card or two with friends is probably engaged in a hobby. The distinction is important for tax purposes as losses from a business are tax-deductible, while losses generated from a hobby are not." | |
| Starting A Business | |
| Obtaining a Business License or Permit | "Most city, county and state governments require business owners to obtain business licenses and permits. In some instances, the federal government may also require you to secure special licenses or permits, depending on your kind of business." |
| Local Start-Up Requirements for Small Businesses | "When you’re starting a small business, pay attention to your town, city, and county regulations. You can begin by asking city and county officials about license and permit requirements for your business." |
| Small Business Financing | "All businesses require some form of financing. An integral component of starting a successful business is raising sufficient capital. There are many challenges here, but numerous resources are available to help you." |
| Business Licenses, Permits, and Business Names | "While some of the issues regarding licenses, permits, and business names can be handled alone, some matters (including establishing your business and brand names) may require the help of a lawyer. So before you start, it's a good idea to line up a lawyer whose practice is focused on business." |
| Small Businesses and Estate Taxes | "The most important part of estate planning is minimizing the estate tax hit for your heirs. You have probably heard of this tax, also called the "death tax," which is a charge levied on a decedent's entire estate, regardless of how it is disbursed. It is a tax imposed on the transfer of property, including a business, from a deceased person to his or her heirs, legatees or devisees. " |
| Business Licenses | "Business activities are generally highly regulated by government agencies. Many local governments have information centers for small businesses to assist with compliance to local, state and federal regulations." |
| Franchise Laws | "A franchise business is a method a company uses to distribute its products or services through retail outlets owned by independent, third party operators. The independent operator does business using the marketing methods, trademarked goods and services and the "goodwill" and name recognition developed by the company. In exchange, the independent operator pays an initial fee and royalties to the owner of the franchise. " |
| "Corporations and partnerships must have an attorney to file a bankruptcy case. Individuals, however, may represent themselves in bankruptcy court. While individuals can file a bankruptcy case without an attorney or "pro se," it is extremely difficult to do it successfully." | |
| Filing for Bankruptcy Without an Attorney | |
| Bankruptcy | "U.S. Bankruptcy Code delivers protection to people in financial jeopardy who are suffering under mountains of debt. " |
| Canada: How Not To Manage a Bankruptcy or Income Tax Case | " One of my favorites subjects are those surprisingly large number of Canadians who appear intent on challenging their personal income tax liability on the basis of religion, morality, natural or constitutional law." |
| Bankruptcy Law | "Bankruptcy law is the name given to the branch of civil law that covers federal bankruptcy and state insolvency laws and regulations as they apply to individuals, municipalities, and businesses. During bankruptcy, a court administers the estate (the property and other assets) of a debtor (a person or business who owes money to others) for the benefit of creditors (a person or business that is owed money)." |
| Bankruptcy | "Bankruptcy law provides for the development of a plan that allows a debtor, who is unable to pay his creditors, to resolve his debts through the division of his assets among his creditors. This supervised division also allows the interests of all creditors to be treated with some measure of equality." |
| Life After Bankruptcy | "You're experiencing the sense of relief that comes from having your debts discharged. The slate is wiped clean. But wait. You have a big red flag on your credit report that says "Chapter 7 bankruptcy." So, now what do you do?" |
| Bankruptcy Information | "Once the bankruptcy proceeding ends, the borrower is no longer liable. This occurs when the bankruptcy court enters a discharge order in a Chapter Seven case or the borrower has paid the debts due to the credit grantors according to a plan in a Chapter Eleven or a Chapter Thirteen case. In legal terms, the court has discharged the borrower from the debts. The borrower then starts over again with a clean financial slate, but the record of the bankruptcy will remain on the borrower's credit record for up to ten years." |
| Proofs of Claim in Bankruptcy | "The simplest way for creditors to protect their rights in bankruptcy cases is by properly filing a proof of claim. This article discusses briefly the necessity for filing a proof of claim, the procedure for filing a proof of claim, and the effect of filing a proof of claim in a bankruptcy case." |
| Bankruptcy Basics | "Bankruptcy is a court-based process that is meant to give people a financial "fresh start" from burdensome debts. Once the bankruptcy process is complete, the filer is typically released from personal liability for most debts." |
| "Contracts are promises that the law will enforce. The law provides remedies if a promise is breached or recognizes the performance of a promise as a duty. Contracts arise when a duty does or may come into existence, because of a promise made by one of the parties. To be legally binding as a contract, a promise must be exchanged for adequate consideration. | |
| Contracts | |
| Contracts | "A contract is a legally binding agreement enforceable in a court of law. However, not every agreement between two parties is a legally binding contract. The law imposes certain requirements on contracts." |
| Suing for Breach of Contract | "A contract is an agreement between two or more parties that creates an obligation to do or not do something. A breach of contract is the existence of an agreement or bargained-for exchange where one of the parties fails, without a legally valid excuse, to live up to his or her responsibilities under the contract." |
| Oral Contracts | "It's interesting to note that many powerful people have engaged in handshake deals, from Bill Clinton and Newt Gingrich to Bill Gates and Steve Jobs. But more than likely, these handshake deals were followed by large contracts that outlined key deal points and terms." |
| Contract Law | "A contract is an agreement between two or more persons (individuals, businesses, organizations or government agencies) to do, or to refrain from doing, a particular thing in exchange for something of value. Contracts generally can be written, using formal or informal terms, or entirely verbal. If one side fails to live up to his/her/its part of the bargain, there's a "breach" and certain remedies for solving the differences are available. The terms of the contract - the who, what, where, when, and how of the agreement - define the binding promises of each party to the contract." |
Articles and links |
|
| Computer & Internet Law | |
| Computer & Technology Crime | "Internet-related crime should be reported to appropriate law enforcement investigative authorities at the local, state, federal, or international levels, depending on the scope of the crime." |
| Information on Privacy Policies for Web Sites | "There are several organizations and companies that handle privacy issues on Web sites." |
| Internet Privacy Resources | "Once your personal information has been recorded in public records, there is no effective way to permanently or completely remove it (for example, birth certificate, marriage license, home ownership documents, court records, and in some states voter registration, etc.)." |
| Communications Law | "Communications law is concerned with the regulation of radio and TV broadcasting to insure satisfactory service and to prevent chaos. Because broadcasting by its nature transcends state boundaries, the Federal government has largely occupied the field." |
| Internet Privacy, Internet Hackers and the Law | "This article looks at internet privacy and recent internet hacking crimes involving public figures. The author provides some safety tips and shows how easy it is for anyone's private information to be obtained by hackers." |
| OnGuard Online | "Provides practical tips from the federal government and the technology industry to help you be on guard against Internet fraud, secure your computer, and protect your personal information." |
| Online Security Guide | From Consumer Reports. |
| Badware Busters | " |
| Stop Badware | "Committed to protecting Internet and computer users from the threats to privacy and security that are caused by bad software." |
Intellectual Property FAQs |
|
| Intellectual Property Law | |
| Patents | "Patents grant an inventor the right to exclude others from producing or using the inventor's discovery or invention for a limited period of time." |
| What Kind of Business Models can You Patent? | "The rise of e-commerce brought with it new terminology, new practices, and new business models. Along with the advent of these business models came a seemingly new idea: business model patents." |
| Intellectual Property Center | "The right to exclusive ownership and use of one's inventions and the monetary rewards from giving others permission to use them complement the other beliefs of our Founders." |
| Copyright.gov. | "It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright. These rights, however, are not unlimited in scope." |
| Copyright | "A copyright gives the owner the exclusive right to reproduce, distribute, perform, display, or license his work." |
| Copyright Law | Articles and links |
| Is Your Great Idea Copyrightable? | "A Copyright protects an idea that is fixed or tangible. If you have ever gone on the uspto.gov website, you have certainly read that portion of the law that reads: Copyright law protects an "original work of authorship that is fixed in a tangible medium of expression." |
| Trademarks: Where to Start | "Once you have determined that a trademark is what you need, your second step should be to familiarize yourself with the general rules and requirements for applying for a trademark registration." |
| Trademarks | "Trademarks are generally distinctive symbols, pictures, or words that sellers affix to distinguish and identify the origin of their products. Trademark status may also be granted to distinctive and unique packaging, color combinations, building designs, product styles, and overall presentations. " |
| Intellectual Property Law | Scroll down the page for links to the laws from many countries. |
| Plagiarism | "If you use another person's work and do not attribute that work to the author, including copying text verbatim, paraphrasing a phrase or summarizing an idea, you are essentially committing plagiarism. " |
| The Importance of Copyrighting Your Website | "A copyright is actually automatic. As soon as you develop your site, it is immediately copyrighted. Your website copyright gives you exclusive rights to the site's content. And copyright law gives the copyright owner exclusive rights over the following: Reproduction of the work; Preparation of derivative works; Distribution of copies of the work to the public; Public display and performance of the work." |
| Copyright Law in Canada | "The information provided on this webpage is of a general nature and does not constitute legal advice. Moreover, it addresses only some issues in copyright law. If you have questions about how copyright law applies in a particular situation, you should consult a lawyer." |
| International Copyright Law | "No international copyright law exists that will protect a work in every country of the world. However, several key international treaties that the US has signed protects works from and within member nations. " |
| The U.S. Copyright Act - Title 17 | "This index contains links to each of the sections of the Copyright Act found in Title 17." |
| The Copyright Society of the USA | "Dedicated to advancing the study of copyright law and related rights in literature, music, art, theater, motion pictures, television, computer software, architecture, and other works of authorship, distributed via both traditional and new media." |
| Some Observations on Copyright Law | "This essay shares some information on several topics that interest me: plagiarism of text, infringement of copyright when using photocopy machines, duplication of web pages and text on the Internet." |
| "A patent is an important document which grants ownership to an invention. However, simply owning a patent won't generate a dime for the inventor. To profit from your idea, you must sell the patent, license usage rights, or market the product yourself." | |
| Selling Your Patent | |
| Intellectual Property Law | Scroll down the page for links to the laws from many countries. |
| Patent Searching | "The FreePatentsOnline search engine is one of the most powerful, fastest and easiest patent search engines on the web. Our search allows advanced search techniques such as word stemming, proximity searching, relevancy ranking and search term weighting to help you find exactly what you are looking for. And, our account features let you organize, annotate and share documents, and Alerts let you instantly be notified when new documents of interest are published." |
| Patent & Trademark Glossary | "An alphabetized, hyperlinked glossary of terms used on the US Patent & Trademark office" |
| "Workers' compensation law deals specifically with workers who have been injured while at work. Workers' compensation law was created as an alternative to general personal injury law, and was meant to make it easier for injured workers to be compensated for injuries they received while working." | |
| Workman's Compensation Law | |
| Hiring Practices | "The employment application is a part of the employment relationship. It may be an important document in an employment-related lawsuit. What is stated in an employment application could serve as a basis for a wrongful discharge claim, or it could give the employer a good defense for a wrongful discharge claim." |
| Employment Law | "If you would like more information on Employment Claims, please click on one of the topics below:" |
| Labor & Employment Law | "Employment law is the name given to the branch of civil law that covers the laws and regulations governing labor relations and employment issues, such as collective bargaining, discrimination in the workplace, sexual harassment, occupational safety, wage and hour requirements, and workers' compensation." |
| Drug Testing of Prospective Employees | "Although business owners have the legal right to insist on a drug-free workplace, enforcing that right can be a contentious issue. Any steps you take to maintain a drug-free workplace must respect workers´ legal rights to privacy and nondiscrimination." |
| Worker's Compensation | "Workers' Compensation laws are designed to ensure that employees who are injured or disabled on the job are provided with fixed monetary awards, eliminating the need for litigation." |
| Employment Background Checks: A Jobseeker's Guide |
"Whether you are hired or promoted for a job may depend on the information revealed in a background check. Job applicants and existing employees as well as volunteers may be asked to submit to background checks. For some jobs, screening is required by federal or state law. The current emphasis on security and safety has dramatically increased the number of employment background checks conducted." |
| Agricultural Labor Laws | "The Migrant and Seasonal Agricultural Worker Protection Act (MSPA) safeguards most migrant and seasonal agricultural workers in their interactions with farm labor contractors, agricultural employers, agricultural associations, and providers of migrant housing." |
| Migrant and Seasonal Agricultural Worker Protection | "The MSPA requires farm labor contractors, agricultural employers, and agricultural associations who recruit, solicit, hire, employ, furnish, transport, or house agricultural workers, as well as providers of migrant housing, to meet certain minimum requirements in their dealings with migrant and seasonal agricultural workers. " |
| Hostile Work Environment | "Discussion of hostile work environment in the context of a worker hypothetical." |
| Construction Accidents | "Whether on a small project for an individual homeowner, or for a major commercial development, on a daily basis construction workers must deal with some of the most dangerous working conditions faced by employees in any industry. As a result, serious work-related injuries at construction sites occur with an unfortunate frequency." |
"According to a January, 2000 report from the United States Department of Justice Bureau of Justice Statistics, job bias lawsuits filed in U.S. District Courts soared from 6,936 in 1990 to 21,540 in 1998." |
|
| Job Discrimination | |
| Workplace Discrimination | "If you would like more information on Workplace Discrimination, please click on one of the topics below:" |
| Employment Discrimination | "Employment Discrimination laws seek to prevent discrimination based on race, sex, religion, national origin, physical disability, and age by employers. There is also a growing body of law preventing or occasionally justifying employment discrimination based on sexual orientation. Discriminatory practices include bias in hiring, promotion, job assignment, termination, compensation, and various types of harassment." |
| Getting Fired | "In most states of the United States all employees are considered "at will" employees. That means that the employer can terminate or change the employment relationship "at will", unless there is a contract with the employer. In general, an employer can fire an "at will" employee, or change the employee's position or compensation with no notice and no reason. Likewise, the employee can terminate his employment "at will" without notice or reason." |
| Sexual Harassment in the Workplace | "When the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment, Title VII is violated." |
| Whistleblower Rights | "A whistleblower is someone who comes forward and discloses illegal activity, mostly in the workplace. The Federal False Claims Act seeks to reward whistleblowers for exposing fraud against the government." |
| Discrimination in Employment | "Below you will find links to key federal laws and U.S. Supreme Court decisions on employment discrimination. " |
| Disability Discrimination | "This section offers in-depth information on unlawful disability discrimination in a number of settings -- including employment and public accommodations (access to buildings and businesses). You will also find an overview of the Americans with Disabilities Act (ADA, and links to other key federal laws and U.S. Supreme Court decisions related to discrimination against disabled persons." |
| Gender Discrimination | "In-depth information on unlawful gender and sex discrimination in a number of settings -- including employment and education -- and provides links to key federal laws and U.S. Supreme Court decisions related to gender (sex) discrimination." |
Estate Law
Estate Law
| "As medical technology advances and life expectancies increase, more and more families have to face difficult end-of-life issues. To spare their loved ones the prospect of having to make hard decisions — and to ensure that their own wishes are carried out — many people are turning to living wills or powers of attorney." | |
| Powers of Attorney and Living Wills: Which is Right for You? | |
| Power of Attorney, Durable Power of Attorney & Health Care Directives | "Every state allows competent adults to grant another person the power to be their “agent”, to act on their behalf. These powers generally fall under three different categories, each having different legal requirements. " |
| An Introduction to Powers of Attorney in Canada | "When a person becomes incapacitated, the government or the court often steps in and appoints someone to represent and take any legal decisions that the person would have to take. One of the methods to avoid government or court intervention, and the appointment of a stranger or a bureaucrat, is the use of a power of attorney." |
| Medical and Financial Powers of Attorney | "What if an accident, illness -- or simply the effects of aging -- left you unable to tell your doctors what kind of medical treatment you want, or made it impossible to write checks to pay your monthly bills? " |
| Power of Attorney | "A general power of attorney is very broad and provides extensive powers to the person or organization you appoint as your agent." |
| Durable Powers of Attorney | "The purpose of a Durable Power of Attorney (DPOA) is to give authority to someone else to act on your behalf if they were you. The person who holds a DPOA for all intents and purposes stands in your shoes and acts as your agent." |
| Power of Attorney | "A Power of Attorney lets you authorize someone to handle a specific task, like signing documents for you while you are away. For example, your agent can sign sale documents or contracts for the purchase of a house, or to sell your car. " |
| The Document Granting 'Power Of Attorney' Often Leads To Abuse | "Across the country -- and notably in Western Pennsylvania, where the number of vulnerable elderly has compounded the problem -- a simple legal document called a power of attorney is disrupting the ever-lengthening lives it was supposed to benefit." |
| The Kinds of Power of Attorney | "You may appoint multiple Agents. If you appoint two or more Agents, you must decide whether they must act together in making decisions involving your affairs, or whether each can act separately. " |
| "Since 1995 this award-winning website has been your link to wealth preservation resources on the Internet. For consumers and estate planning professionals, this site contains hundreds of well-organized, time saving links to Estate Planning, Elder Law, Tax and related websites. " | |
| Estate Planning Links | |
| Estate, Gift & Trust Law | Articles and links |
| An Overview of Estate Planning | "An estate is the total property, real and personal, owned by an individual prior to distribution through a trust or will. Real property is real estate and personal property includes everything else, for example cars, household items, and bank accounts." |
| Items Included in Your Estate for Estate Tax | "ESTATE, (inheritance) patrimonio (possession) a term used in common "law" used to denote the sum total of all possessions by a person at the time of his/hers death." |
| Estate Planning FAQ | "Estate planning covers the transfer of property at death as well as a variety of other personal matters and may or may not involve tax planning. The core document most often associated with this process is your will." |
| Estate Planning Self Examination For The Fiscally Fit | "It is very important to have your estate well planned for unforeseen circumstances or in preparation of death. By having your affairs in order, you can help to guarantee that your assets will be properly taken care of and distributed in the manner of your choosing should you pass away or become incapable of making the appropriate decisions. " |
| Helpful Resources on Advance Directives and End-of-Life Care | "For those facing the prospect of providing or needing long-term care, this list of guidelines and organizations offers invaluable information about advance directives and end-of-life treatment. Included in the End-Of-Life Guidelines section are handbooks and factsheets for caregivers as well as tips for paying for and choosing hospice care." |
| "There are probably few subjects in law which are surrounded by more myths and misinformation that the subjects of wills and the distribution of estates. Many people believe that not having a will allows the state to take part of the estate (not true), that having a will automatically reduces taxes (also not true), or that having a will means that a lawyer gets to take a big fee out of the estate (also not true)." | |
| Why Have a Will? | |
| Should I have a Will? | " It is always preferable to have a will. A will states your preference as to the disposition of your estate. A will can and should be changed as your circumstances and preferences change." |
| Five Common Mistakes Made in Wills | "These mistakes are more common than you might think. Even a United States Supreme Court Chief Justice fell victim to his own loophole. " |
| A Brief Guide to Creating a Will | "Young adults don’t think about wills. The typical person graduates from college, gets a job, marries his sweetheart, has children, and never considers a will until he turns fifty. But not everyone lives to be fifty. You can’t always see death coming. A will is for anyone with money and possessions that need to be distributed according to some plan." |
| How to Write Your Own Will | "Laws differ from state to state, and you will need to consult an attorney who actively practices in the state you live in to make your will legal. Most states require that you are at least eighteen years of age. You can start by sitting down and writing out a basic will which reflects your final wishes." |
| Wrongful Interference With Prospective Inheritence Or Gift | "The facts of estate litigation cases are always different; however, one often hears stories relating to how, before death, a relative or spouse was persuaded to transfer their property to a particular family member or friend. In most cases involving a disposition contrary to a Will, the best method for attacking the depletion of an estate is through a claim brought by the executor or administrator of the estate. Unfortunately, the executor is often the same one who induced the pre-death transfer." |
"This tool provides asset protection research specific to each state in the United States," |
|
| Asset Protection: State Information | |
| Asset Protection | "What's Asset Protection? What's a Good Asset Protection? Which Asset Protection is Right for You? Offshore Scams and Know the Facts of Asset Protection." |
| 10 Things You Must Keep in a Fire Proof Safe | "One great way to make sure you are prepared is to get a fireproof safe. What should you store it in? Here's a top-10 list of suggested items to keep in your fireproof safe:" |
| Protect Your Prized Pet: Create a Pet Trust | "A pet trust allows you to control how your pet will be cared for in the event of your death. Setting up a pet trust allows you to leave money for your pet's care and even name a guardian for your pet. " |
| Asset Protection Shysters | "This web page directly addresses the seedy side of the asset protection industry, including those people who run scams in the guise of providing asset protection structures, or who mislead people about their organization or qualifications, or who themselves are unqualified and/or misguided to assist clients with asset protection issues." |
| What is Due Diligence? | It is best described as: “The process of systematically evaluating information, to identify risks and issues relating to a proposed transaction, i.e. to verify that information is what it is proposed to be”. |
| "Creating your own Living Trust is no more complicated than making a will, but it can offer many advantages. With a Living Trust, you can avoid the cost and delays of the probate court process, reduce certain estate taxes and help protect your heirs." | |
| Understanding Living Trusts | |
| The Trust Center | "A Trust is a well recognized type of legal entity which is used to hold legal title to property for the benefit of one or more persons. The person creating the Trust is often known as the Trust Creator or Grantor. The person or institution holding legal title to the property is called the Trustee. The persons who are intended to benefit from the Trust are known as Beneficiaries." |
| Living Revocable Trust | "The revocable trust is not worth the paper it's written on. The revocable trust does not protect the assets from potential frivolous lawsuits. The revocable trust does not eliminate the estate tax. The revocable trust was designed to avoid the probate process but nothing else." |
| Estates & Trusts | "Since many individuals neither set up trusts nor execute wills, state intestate succession laws are an important complement to trust and estate law. They determine where an individual's assets go upon death in the absence of a will." |
| What is a Trust | "Although a trust can be created solely by verbal agreement it is normal for a written document to be prepared which evidences the creation of the trust (the Trust Deed), sets out the terms and conditions upon which the trust assets are held by the Trustees and outlines the rights of the Beneficiaries." |
| When Living Trusts Are Most Useful In Estate Planning | "As the author indicates, trusts can reduce your estate taxes and eliminate the need for probate and avoid probate fees. Trusts are not as complicated as people think but a will is still useful for property that falls outside of the trust." |
| "Probate is the legal process by which the assets of someone who dies are distributed. When a person dies, he or she usually leaves behind assets (money, property or other items of value) and debts of some kind. In probate, the court system takes stock of all of these assets, pays the debts and distributes anything that remains to person's heirs." | |
| Probate: Why You Should Avoid It | |
| Avoiding Probate | "The Probate Process begins after your death. Everything you "own" in your name on the date of your death is inventoried, appraised, categorized, and accounted. First, the courts will investigate and validate your will to make sure there's no foul play. Next, all claims are investigated and validated. Next, creditors and taxes are paid then the heirs get what's left." |
| Probate Laws | "The term "probate" refers to a "proving" of the existence of a valid Will, or determining and "proving" who one's legal heirs are if there is no Will. Since the deceased can't take it with him, probate is the process used to determine who gets his or her property." |
| Avoiding Probate: Tips to Passing More of Your Estate on to your Loved Ones | "Avoiding the delays and costs of probate is much easier than you think. Here are some basic tips to keep more of your estate in the hands of the people who matter most." |
Medical & Disability Law
"This page is intended as a resource for health care practitioners, professionals or anyone interested in learning more about the dynamic field of health care law, and more specifically, the regulatory and transactional aspects of health care law practice." |
|
| Health Law Resources | |
| Medical & Disability Law | "If you would like more information on Disability or Medical Discrimination, please click on one of the topics below:" |
| Medical Law in Canada | "Doctors have no right to touch anybody, no matter how sick or how perilously close to death, without that person's consent." |
| Canadian Appeals Office for Health & Safety | "The mission of the Appeals Officers regrouped under the Canada Appeals Office on Occupational Health and Safety is to ensure expert, independent, unbiased quality service to all parties by treating them equally, fairly and with understanding, respect and dignity." |
| Food Poisoning and the Law | "Not all personal injury cases arising from food poisoning are the same, but most of these cases fall under a "product liability" legal theory, making food poisoning cases similar to cases involving injury from a defective product" |
| State Vaccines Requirements | "State Immunization Laws Database This tool contains results from a 50-state legislative review of laws requiring assessment of vaccination status and vaccine administration for healthcare workers and patients/residents." |
| National Vaccine Program Office Immunization Laws |
" As with all of our laws, federal and state immunization laws are consistent with a basic tenet of American citizenship: The privileges of democracy, including individual freedoms, must be enjoyed in ways that do not interfere with or create risks for others. Immunization provides protection not only to the person immunized, but for many diseases, also to the people with whom the immunized person comes in contact." |
| Isolation and Quarantine in the Case of Drug-Resistant Tuberculosis | "Tuberculosis carriers threaten the nation. Like terrorists, they must be thwarted by enhanced security measures, including the vigorous application of isolation and quarantine." |
| National Vaccine Program Office Immunization Laws |
" As with all of our laws, federal and state immunization laws are consistent with a basic tenet of American citizenship: The privileges of democracy, including individual freedoms, must be enjoyed in ways that do not interfere with or create risks for others. Immunization provides protection not only to the person immunized, but for many diseases, also to the people with whom the immunized person comes in contact." |
| "Medical malpractice can result in serious personal injury and/or wrongful death, and a medical malpractice lawyer can help those seeking entitled damages. It is usually a result of medical negligence, in which the physician does not meet medical standards." | |
| Medical Malpractice | |
| Medical Malpractice Information By State | "State specific Medical Malpractice FAQs " |
| Medical Malpractice | "Malpractice may arise from a professional's misconduct or failure to use adequate levels of care, skill or diligence in the performance of the professional's duties that causes harm to another. Malpractice typically occurs if a professional fails to exercise his or her professional skills at the level of care, skill and learning applied in similar circumstances by the average reputable member of the profession." |
| Types of Medical Malpractice | "There are many types of medical malpractice cases that can be brought against physicians, hospitals, and medical personnel. Hospital errors often result in a medical malpractice case if the victim suffered serious injuries because of a careless act. The following are a few examples of medical malpractice claims." |
| Birth Injury | "Birth injury, or birth trauma, refers to any damage an infant sustains during the birthing process due to forces like compression or traction, or factors that restrict blood flow or oxygen intake. " |
| National Resource Center on AD/HD Law | "When looking for an attorney or legal advocate, it is important to find one with experience in disability rights. CHADD and the National Resource Center on AD/HD are not able to provide direct referrals to individual attorneys; however, we can offer some suggestions on how to find an attorney who has experience with disability law:" |
| Medical Malpractice | "As patients, we trust that our doctors, nurses, surgeons, and pharmacists are ethical, properly trained, and trustworthy. However, despite their extensive experience, sometimes these medical professionals make mistakes because they use poor judgment, are overworked or under-assisted, are negligent or malicious, or are simply under-qualified." |
| Medical Malpractice Law and Litigation | "The examples included in this article are for illustrative purposes only. Real life is a lot more complicated than these examples. You should not take anything in this article as indicating that you do or do not have a valid malpractice action. That determination should only be made after a thorough review of your case by a malpractice specialist." |
| Pharmaceutical Litigation | Includes a list of medications involved in recent lawsuits. |
| National Medical Malpractice Statistics | "Fewer than one-half of 1% of the nation’s doctors face any serious state sanctions each year." |
| Medical Malpractice Lawsuits | "Medical malpractice lawsuit actions can be brought by an injured patient against any responsible licensed health care provider-including doctors, counselors, psychologists and psychotherapists. Hospitals can also be held liable for the negligence of their employees, including staff nurses and technicians." |
| Medical Negligence | "Any type of medical staff can be held liable for instances of medical negligence. Patients have the legal right to assume the care given to them by medical professionals is at a certain minimal standard and when this has not occurred a medical negligence case may be present. " |
| Birth Injury | "Unfortunately, complications can arise during both pregnancy and delivery and these problems may result in temporary or permanent injury to the baby. In situations such as these where the harm was avoidable, it is important that the legal rights of both baby and parent are fully safeguarded." |
Be sure to see our Medical Information and Support Group pages for more information |
|
| "As a patient, you have certain rights. Some are guaranteed by federal law, such as the right to get a copy of your medical records, and the right to keep them private. Many states have additional laws protecting patients, and healthcare facilities often have a patient bill of rights.An important patient right is informed consent. This means that if you need a treatment, your health care provider should give you the information you need to make a decision." | |
| Patient's Rights | |
| Patient's Bill of Rights | "Below is a summary of a Bill of Rights that was adopted by the U.S. Advisory Commission on Consumer Protection and Quality in the Health Care Industry in 1998. This Bill of Rights now applies to the insurance plans offered to federal employees. Many other health plans and facilities have also adopted these values. Even Medicare and Medicaid stand by many of them." |
| Patient's Rights | "The first patient right is the right to know how personal health information is used. The primary purpose of HIPAA is to protect patient confidentiality and to assure that patients know what is done with health information." |
| Legal Rights of Pregnant Women | "Women do not lose their constitutional or common law rights by becoming pregnant. The consent of a competent woman’s husband is never required for her treatment. Women have a right to have another woman present during a physical examination. ....' |
| Medical Privacy | "The extent of privacy protection given to your medical information often depends on where the records are located and the purpose for which the information was compiled. The laws that cover privacy of medical information vary by situation. And, confidentiality is likely to be lost in return for insurance coverage, an employment opportunity, your application for a government benefit, or an investigation of health and safety at your work site. In short, you may have a false sense of security." |
| Consumer Bill of Rights and Responsibilities | "The Advisory Commission on Consumer Protection and Quality in the Health Care Industry was appointed by the President on March 26, 1997, to "advise the President on changes occurring in the health care system and recommend measures as may be necessary to promote and assure health care quality and value, and protect consumers and workers in the health care system." As part of its work, the President asked the Commission to draft a "consumer bill of rights."" |
| Medical Patient Confidentiality | "Physicians have always had a duty to keep their patients' confidences. In essence, the physician's duty to maintain confidentiality means that a physician may not disclose any medical information revealed by a patient or discovered by a physician in connection with the treatment of a patient." |
| Medical Privacy | "The regulatory regime for protecting privacy of health information is complex and fragmented. Some protections apply only to information held by government agencies. Some protections apply to specific groups, such as federal employees or school children. Some protections apply to specific medical conditions or types of information, such as information related to HIV/AIDS or substance abuse treatment." |
| Medical Confidentiality | "Patient privacy has always been an important concept in the medical profession. New laws are taking this notion a step further, making it mandatory for medical facilities to protect individually identifiable health information." |
| Doctor-Patient Confidentiality | "The duty of confidentiality continues even after patients stop seeing or being treated by their doctors. Once doctors are under a duty of confidentiality, they cannot divulge any medical information about their patients to third persons without patient consent. There are, however, exceptions to this rule." |
| Rights of Medical Patients | "Below you will find information on the legal rights of patients who are being treated in hospitals and other health care facilities, including the right to be free from discrimination in the provision of health care." |
"Disability law is largely regulated by the Americans with Disabilities Act of 1990. This Act prohibits discrimination against individuals with disabilities in employment, housing, education, and access to public services." |
|
| Disability Law | |
| Social security Disability Assistance | "Applying for social security disability and SSI benefits, with or without an advocate can be difficult due to how long a claim may take and the high chance of being denied. But those who are denied disability can win benefits by utilizing the appeals process. To increase the chances of winning, applicants should learn about the system and file an appeal when a claim is denied." |
| Disability Lawyers | "People with disabilities, or individuals who obtain a disability while working, deserve special care and treatment." |
| Disability Lawyers | "While a disability attorney or non attorney advocate representative cannot guarantee that a claimant will be awarded social security disability or ssi benefits, a social security lawyer can guarantee that a case will be properly developed prior to a hearing date." |
| Social Security Disability | "In addition to retirement benefits, those who are disabled, dependent for support upon someone who receives social security income, and those who are a widow, widower, or child of someone who has died are eligible for benefits - if they meet the requirements." |
| Disability Access Symbols | "Organizations, both public and private, are working to be fully accessible to this country's 54 million citizens with disabilities as well as foreign visitors. Organizations that receive government funding are required to provide accessible programs and services" |
| Disability Discrimination | "This section offers in-depth information on unlawful disability discrimination in a number of settings -- including employment and public accommodations (access to buildings and businesses). You will also find an overview of the Americans with Disabilities Act (ADA, and links to other key federal laws and U.S. Supreme Court decisions related to discrimination against disabled persons." |
| Senior Law | "This is a Web site where senior citizens, their families, attorneys, social workers, and financial planners, can access information about elder law, Medicare, Medicaid, Medicaid planning, guardianship, estate planning, trusts and the rights of the elderly and disabled." |
| National Senior Citizen Law Center | "Advocates before the courts, Congress and federal agencies to promote the independence and well-being of low-income elderly and disabled Americans." |
| ABA: Law & Aging | American Bar Association online journal with links and recent articles. |
| Life Management | "To inform the millions of Americans facing the trauma of divorce, separation, senior care, and dealing with issues affecting the elderly and disabled." |
"Below you will find information on the legal rights of people who have been institutionalized in jails and prisons, state-run mental facilities, and other government-operated treatment centers" |
|
| Rights of Institutionalized Persons | |
| Mental Health Law Links: Federal and States | Includes recent court decision. |
| Mental Health Law: an Overview | "Mental health and the law interact in numerous ways. The term "competence" signifies a legal conclusion that an individual is capable of entering into a binding contract, transferring assets, or participating in a legal proceeding. The provision of mental health services is regulated and, to some extent, publicly supported. " |
| Journal of Mental Health Law | "Features articles of considerable relevance and interest to all those involved in the application or teaching of mental health law." |
| Mental Health Law Overview | "In this section, various relevant sections of law relating to psychiatric practice will be reviewed and summarized, with links to appropriate legislation and additional information.It is important to realize that mental disorder, and the mental health laws relating to it, apply not only the individual who suffers from the mental illness, but also those who provide care and support such as family and friends when they attempt to get the treatment they feel is required for their loved one. Obviously, the reverse also applies, in that an untreated mentally ill person will likely have a major effect on those that are close to them and who try to manage them." |
| Psychiatry and the Law | Forensic Psychiatry Resource Page |
| The Institute of Law, Psychiatry and Public Policy | "An interdisciplinary program in mental health law, forensic psychiatry, and forensic psychology. Institute activities include academic programs, forensic clinical evaluations, professional training, empirical and theoretical research, and public policy consultation and review." |
| Nursing Home Abuse - Overview | "Older people are sometimes actually physically and/or psychologically harmed by the negligent or intentional acts of their caregivers. In institutional settings, several factors have been shown to contribute to the abuse or neglect of residents, including: poorly qualified and inadequately trained staff; staff with a history of violence; inadequate numbers of staff; the isolation of residents; and, the reluctance of residents to report abuse out of embarrassment or fear." |
| "The good samaritan doctrine as it is legally known, is a legal principle that prevents a rescuer who has voluntarily helped a victim in distress from being successfully sued for 'wrongdoing.'" | |
| Good Samaritan Laws | |
| Samaritan Laws by State | "Any person who, in good faith, renders emergency medical care or assistance to an injured person at the scene of an accident or other emergency without the expectation of receiving or intending to receive compensation from such injured person for such service, shall not be liable in civil damages for any act or omission, not constituting gross negligence, in the course of such care or assistance." |
| The Plight of the Good Samaritan | "Careless rescuers are not good Samaritans..." |
| What is the Good Samaritan Law? | "Definition of what the Good Samaritan Law doctrine is and its purpose. Also, what it protects against and when it is used in a tort suit." |
| Do all States have "Good Samaritan" Laws? | "Caregivers can't make gross medical errors, but instead are protected from liability for "reasonable" mistakes. Of course, defining "reasonable" is difficult. Victims tend to believe all medical mistakes are unreasonable." |
The Obvious Legal Statement.
The folks at Slightly Creaky are volunteers. None of us get any salary or compensation in any form. We are not a corporation, just a few folks working out of our houses. If anything on this site bothers you, if you notice mistakes, please let us know.
While we do maintain editorial rights, things slip past. The submitted columns and news articles belong to the contributor(s), not to the Slightly Creaky team. We are simply a vehicle bringing you information to the best of our ability. We have no control over the sites we link to. Web site contents frequently change. If you find anything improper, objectionable or not working, please notify us.
Be sure to read our complete Legal Information and Policies