The Upcoming Presidential Election: The Procedure To Elect The President Of The US

The upcoming United States presidential election is set for 3rd November 2020. This year will mark the 59th quadrennial presidential election. People of the United States will vote for their desired presidential electors on Election Day. On December 14, 2020, these electors will vote for a new President and Vice President. Alternatively, they can re-elect the holder of the office Donald Trump and Mike Pence.

Also, the caucuses and presidential primary elections are going to be organised between February and August 2020. Actually, this indirect election involves a nominating process that allows voters to cast ballots in order to select delegates to the nominating convention of a political party. These delegates select the nominees from their parties for the positions of President and Vice President.

During the previous presidential election, Trump and Pence were nominated by the republicans with no serious opposition. Joe Biden, the former vice president, was nominated by the democratic over Senator Bernie Sanders.

On 11th August 2020, Biden made an announcement that Senator Kamala Harris would be his running mate. So, she was the first African American vice-presidential nominee. Jo Jorgensen got the libertarian nomination and Spike Cohen was selected as her running mate. Howie Hawkins got the green nomination and Angela Nicole was selected as his running mate.

On 20th January 2021, the winner of the presidential election 2020 will be announced. In the history of America, Trump was the oldest president. If Biden wins, he will be the oldest person to become the President of the United States at the age of 78 years. Trump became the president of the United States at the age of 77 years.

Procedure

According to article 2 of the United States constitution, the candidate for the presidency must be a citizen of the United States by birth. Furthermore, he must be a minimum of 35 years old and have lived in the United States for a minimum of 14 years.

Typically, presidential candidates look for the nomination of any of the political parties of the states. Every party has its own method to decide on a candidate that can be ideal for the position of president. Usually, the primary elections are a type of indirect election that allow voters to choose a slate of delegates.

These delegates nominate a certain candidate in order to run for the upcoming presidential elections. Typically, the presidential nominee is authorized to select a vice president. The vice president is ratified at the convention of the party.

In November, the general election is also a type of indirect election where voters are going to cast votes for a slate of members. These are called electors who are responsible for electing the President and Vice President. In case no candidate gets at least 270 electoral votes required to win the election, the candidate with the highest votes is elected as the President.

The Vice president is selected from the candidates who got the 2 highest totals. Besides, the election happens at the same time the elections for the local levels, senate, and the House of Representatives occur.

In short, this is how the Presidential Elections are organized in the United States and the procedure that is followed.

Five Things to Consider When Choosing the Right Attorney

Finding a legal professional to take care of your private and sometimes emotional matters can be a daunting task. It seems that at the time we most need an attorney we are least likely to be in the frame of mind to look for one. So, how should you sort through the mix of recommendations and names set before you when the situation presents itself and you must decide upon legal representation for one reason or another?

Research. Research. Research. Is the attorney you are considering in good standing before the State bar of whichever state you require representation? Has he or she been sanctioned or reprimanded for ethical or other violations? This information is generally public record on your state’s board of professional responsibility or state bar association website. Is he or she embroiled in any legal issues of his or her own that may affect or complicate their ability to represent you? Sometimes simply googling the individual will reveal more than you know.

References. Talk with former and/or current clients of the prospective lawyer to determine if they have had a good experience. Does the individual return calls promptly? Is the attorney someone they would use again? Did they feel the fee the attorney charged was commensurate with the services rendered? If applicable, was the outcome favorable?

Cost. What and how does the attorney charge fees? One of the most important considerations in deciding on legal counsel is the cost of the attorney’s services. Attorney’s fees can be very expensive and can add up quickly in lengthy and complex legal issues. Depending on your type of legal issue, an attorney may charge a flat fee, a retainer fee paid up front from which future billing is drawn, a straight hourly fee, or a contingency fee which is when the attorney is paid a percentage of what you recover from your case. With a contingency fee, if you recover nothing, the attorney does not get a fee. Keep in mind that even if you do not recover, you would still be responsible for costs other than attorney fees such as court costs or other costs associated with your legal issue.

Expertise. Does the attorney you are considering focus his or her practice in the area of law you are seeking? Attorneys can advertise that they work in certain areas of the law but may not have worked many cases in that specific area of the law. For example, if you are considering hiring a lawyer to handle a car accident case for you, ask him or her how many other car accident cases he or she has handled. Ask how many of those cases were decided in favor of the attorney’s client. You may know an attorney who has been in practice for decades and who advertises that he or she does work in wills and estate matters as well as personal injury. But find out how many wills they have drafted. Do they simply dabble from time to time in that area or is it a true area of their practice? Most attorneys have a couple of areas in which they focus their practice. They may, from time to time, handle a legal matter outside of those areas. So make sure you are getting someone who knows the area of the law and is up to date on the most current laws.

Appeals. If you are seeking an attorney for any legal issue that involves a court proceeding, then there is always the possibility of an appeal. Inquire about the likelihood of appeal in your particular matter. Ask if this attorney handles appeals as not all attorneys do. If the attorney does handle appeals, ask about the different costs associate with an appeal. Ask about the timeline of an appeal. If you are looking for an attorney to handle a legal matter that could potentially be brought up on appeal, better to have that same individual working the case from the beginning until the end than have a new lawyer take over in the middle. These consideration on the front end will save you time, money and frustration down the road.

When you choose an attorney you are making an investment, not only financially but an investment of your time. You should be well informed and use all the resources available to you when you make this important decision.

The Major Keys of a Legal Service System

In whichever country we may reside we are bound by the laws of the place. Every country state has its own set of laws that the people, organizations and every alternate system have to abide by. The citizens have to limit their activities according to the demands of the state and country. In any country, the Supreme Court is the guardian of the legal system. All activities have to be brought to the notice of the Supreme Court and its subordinate judicial systems. Let us discuss the system briefly.

Supreme Court

As we already discussed, the Supreme Court is the highest system of any country. It is the father legal service provider. Even the head of the state or the country has to abide by its rules. The judge of this court has the final say in every matter.

• Suppose it is a criminal case where the offender has been found guilty and has been awarded capital punishment by the subordinate court. In that case, he may appeal to the Supreme Court. If the court finds him guilty he may be punished or he may be pardoned. If punished he cannot appeal any further.

• If there is a conflict between the centre and the state of any country the decision of the Supreme Court prevails.

• If a citizen feels that his/her fundamental rights have been obstructed by any person, group, or organization he/she may bring it to the notice of the highest court of the land.

Other Courts

There are several levels of the court. Some are local and some are higher than that. All of them work at the discretion of the Supreme Court.

Judges

The judges are a key factor to solve any cases that comes to the court. The judges have to be impartial in their views and have to listen to every case very carefully. After all the hearing they have to pass their judgment to the people impartially and what he feels would be best suited as per rule book of the place.

A Lawyer

The lawyer may be the least member of the court which one can relate to though he is the most important one. He acts as the connection between a person, an organization or a group and the court. He/she is the one who represents the case of a person, the organization or the group to the court. They are well accustomed to all rules and regulations and they help a person to get judgment.

In case you are in any problem that involves legal issues, approach a lawyer who would impart you proper legal advice and let you be in the right path.

I’m Owed Money – Where Do I Start?

At one point or another someone is likely going to owe you money. If you run a small business in South Jersey, it’s almost inevitable. So how do you collect what is rightfully yours?

Contrary to the lawyer battle cry, the answer is not always to “sue them!” Sure, it is certainly satisfying to serve someone who has attempted to take advantage of you with a summons. However, before doing so, it’s important to evaluate your relationship with the individual/client/customer, and their reasons for not paying. Most significantly, would you like to do further business with this debtor? Are they simply having cash flow issues? Was there a misunderstanding? What does their past history look like?

If you’re not quite sure of the situation, give the debtor a call. In as much of a non-confrontational tone as you can muster, remind them of the debt and the terms of the agreement. At this stage, making threats is counter-productive but so is being overly accommodating. In general, a friendly yet firm approach produces the best results.

Regardless of the conversation’s outcome (barring the miracle that is immediate payment), send the debtor a letter memorializing the terms of the initial agreement as well as your recent telephone conversation. Send this letter by certified mail to confirm its receipt. Also, be sure to include a deadline for payment or a response. As the original debt holder, you are not subject to the Fair Debt Collection Practices Act and may give the debtor as many days to respond as you’d like. We recommend ten days from the date of the letter. Ten days is enough time to account for delivery time and consideration by the debtor. In our experience, if there is not a response within ten days, there isn’t going to be one.

The content of your demand letter should vary based upon the situation. Obviously, threatening legal action is not conducive to continued business. Just as a purely informational reminder will do little to spur action from those more unscrupulous of debtors.

Your demand letter did not work. Now what?!?!

You have three options:

– File a Lawsuit on Your Own

– Hire a Collections Agency

– Hire a Lawyer

Filing a Lawsuit on Your Own

Unfortunately, New Jersey law prevents your business from representing itself in court (unless you are a sole proprietor). However, as an individual, it is absolutely your right to file pro se.

For the purposes of suing on a debt, New Jersey civil courts are divided into three sections. They vary in procedure and the amount in controversy.

Law Division

– Claims over $15,000

– Discovery period lasting between 150 and 450 days

Special Civil Part

– Claims up to $15,000

– Abbreviated discovery period

– Trial dates generally scheduled within three months of filing Complaint

Small Claims

– Claims up to $3,000

– No Answer required; appearance at trial date sufficient

– No discovery period

– Trial dates generally scheduled within six weeks of filing Complaint

Law Division cases are not only lengthy but subject to the New Jersey Rules of Practice. As a result, we do not suggest representing yourself (not from self-interest, we promise).

Special Civil Part also is subject to the New Jersey Rules of Practice. However, some of its practices are amended to reflect the Special Civil Part’s condensed format. New Jersey Courts’ website offers a great how-to-guide for pro se Special Civil Part litigants which you can find here.

Small Claims court is the Wild West of New Jersey courts. The vast majority of litigants are unrepresented, the cases are, for the most part, the result of personal grievances, and the Judge generally doesn’t want to be there any more than the next person. It makes for interesting viewing, and a certain headache.

Hiring a Collections Agency

Many collections agencies focus solely on bulk collections. However, there are collections agencies that will handle individual debtors. The value in using a collections agency is their ability to manage a large debt portfolio, track down individual debtors, and relentlessly contact debtors in an effort to settle the debt. Communication from a collections agency may also give a debtor a sense of urgency.

However, for those cases where there is a single debtor with a known address, a collections agency is likely not the best route.

Hiring a Lawyer

Surprise, surprise. We recommend retaining a lawyer to assist you in collecting a debt. However, only in cases where it appears as if payment is not forthcoming and/or you do not wish to conduct future business with the debtor. Undoubtedly, a demand letter from your lawyer threatening a lawsuit doesn’t do a whole lot to help a business relationship. However, if you’ve heard enough excuses and promises to pay, hiring a lawyer is the most effective way to see actual cash. First, debtors tend to pay more attention to attorney correspondence. They realize that legal consequences loom if they fail to pay the debt. Second, this is what lawyers do. We know how the game is played, its rules, and what the likely outcome is. Third, even if you “win” in court, you may not see any actual money. Lawyers know the best ways to turn your judgment – which is worth only as much as the paper it is printed on – into cash; by garnishing wages, levying bank accounts, and creating statewide liens.

There is no way around it – attempting to collect a debt is a frustrating process. It takes time, patience, know-how, and a sense of objectivity. It can certainly be done on your own. However, to ensure that you receive the most of your money, we recommend an experienced debt collection lawyer.

How to Begin the Adoption Process

When you want to expand your family, you’re going to have to navigate some channels if you plan on adopting. Some adoptions can be simple and take less time to complete while others can take years and be a bit more complicated. Overall, though, the process is typically not as frustrating, time-consuming, or costly as many people expect.

There are several steps in the process of adopting a child, which have been broken down so that you have an easier time grasping what is in store for you. The process may differ, though, depending on the specifics of your case as well as the particular needs of the children as well as the parents of the child you want to adopt.

Let’s go over the general steps you can expect when going through the process of adopting a child.

Do Research

Many people want to jump into adopting without knowing the full details of what is in store for them, which can lead to plenty of surprises along the way. It’s recommended that you speak with other adoptive parents, possibly even joining a support group to gain more insight into how the experience can be and how it differs from person to person.

You’ll also be asked some important questions, which you will want to begin thinking about as soon as possible. Questions you will be asked include:

  • Are you interested in adopting an older child or a newborn?
  • Are you looking to adopt internationally or domestically?
  • Would you be open to adopting a child that is a different race?

Find Professionals to Work With

Because of how much goes into the adoption process, you will want to either work with an adoption agency or an adoption attorney in Fresno, CA. These professionals will be able to help you along the way, including aiding in filling out necessary paperwork and fulfilling legal obligations, such as getting a home evaluation done by a licensed social worker. When it comes to domestic adoptions, you will also receive counseling and possible birth mothers will be screened.

If you’re wondering what the difference between an adoption attorney in Fresno, CA and an agency is how potential birth mothers are found. When a woman is pregnant and considering adoption, she will go to an adoption agency. However, attorneys will often use their network to find potential birth mothers. International adoptions, though, are almost always handled by agencies.

Once you’ve done your research and know where to go to find a professional to handle your adoption, you will be able to proceed with confidence and ensure your adoption goes smoothly. You should always make sure that the attorney or agency you are working with is licensed by the state and interviews should be conducted to make sure they are the right fit for your case.

Don’t let the idea of how daunting the process is deter you from adding a new member to your family. Speak with a professional about how you can begin the adoption process.

Appeal Your Judgment With An Appellate Attorney

In the space of a few years the legal basis of most any court case has shifted to include virtual law searches. While nobody recommends you follow the recommendation of the Google Search Page, the option is there to help you find the right lawyer, or seek out the right information.

Asking the right question matters.

The fundamental basics of law don’t really change much, and everyone knows there are ins and outs of decision makers that make the ultimate choice more important than ever. So you’ll want to seek the most objective attorney you can find, when you’re looking for an attorney to handle your court case.

If you’ve already been to trial and lost, did you know it’s okay to appeal your case?

An appellate attorney can look over your court case and determine if you have the option of taking your case to the court of appeals. When you appeal your judgment with an appellate attorney, there are a few basic concepts you’ll want to know prior to hiring the one person who works for you.

1 – If the court’s decision during your trial didn’t seem fair – you’ll want to ask an appellate attorney to look at your case.

2 – If your case includes details that should have been separated – you might want to appeal, to have separate issues settled differently.

3 – If you were unjustly accused, and the hearing didn’t go in your favor – you’ll want to request an appeal to have better representation of your details.

Often a lack of details can cause a case to be dismissed without further action. Or there can be other remedies applied in relevant cases.

The key to appealing your case successfully is finding the right appellate attorney. Not every attorney is created equal, and you’ll find the one attorney who works best for you, has your best interests in view while working for you, and accomplishes the task set before them – is the best in their specific area of expertise. The absolute best in a specific expertise may not pop up on the Google Search, but they’ll probably be located by name.

Many will recognize their name.

Several years back the question of who to hire might have been super difficult to find, but more recently you can ask most any attorney for a recommendation. Asking friends might be a good idea, or asking others who have recently had court battles. However, none of these may have had your particular experience.

Now, you can find an attorney online, then ask for referrals and references from other attorneys for a better grasp of who might be your best choice.

Does My Dog Have Rights? Why Do Courts Value Pets As Property?

We love our pets. They welcome us home with love and kisses, we consider them family, and Americans spend billions of dollars on them yearly – specifically $61 billion.

With so much love for our furry friends, why haven’t our laws kept up to speed with how we value our pets should something go wrong? It may surprise some people to hear this, but cats and dogs are considered simple property in the eyes of the law with no additional value; no different than a microwave or sofa.

With pets being considered members of the family by most, the law is starting to reflect these changes – yet very slowly.

In custody cases, we’re starting to see some judges talk about the best interests of Fido or Fluffy, and which home is better suited for the pet. We’re also seeing some states flirting with the idea of potentially allowing wrongful death cases brought by pet owners in certain circumstances.

With more and more people buying pet insurance in order to better-protect their fiends from injury, cancer, or other ailments, the natural next step may be to allow pet owners to pursue claims against veterinarians for poor treatment or negligence; essentially a medical malpractice claim.

Veterinarians have long-benefited from the emotional relationships we have with our animals, and many people believe that they should also be held responsible when their actions result in the further injury or death of their pet.

The problem is that courts consider pets as property. If we begin giving legal status to pets, though, where do we end up?

Where Do We Draw The Line?

If our animals are legally treated similar to humans, do we lose rights as pet owners? Do we suddenly have to go to court to determine if we can spay or neuter our pet?

The ultimate answer is that a dog or a cat is still an animal, certainly one to be protected and loved – but not a human with the ability to make decisions for itself.

I think we all should certainly be able to recover, through the court process, the emotional and sentimental value of any loss caused by another person’s negligence or actions, including when that involves a pet. I think most people would agree with this in principal, but by the letter of the law, you’re not likely to be compensated for emotional damages or sentimental value.

Are We Sinking the Jones Act?

As a former merchant mariner, I continue to follow issues relating to the shipping industry in general with a particular interest as to matters touching on the survival of America’s merchant marine. I was surprised to recently learn that Senator John McCain, a man whom I admire, has introduced legislation in the U.S. Senate to repeal the Jones Act restrictions against foreign flag vessels carrying cargo between U.S. ports. His bill, entitled the Open America’s Waters Act of 2017, would allow foreign flag vessels to compete within U.S. waters for goods moving between American ports. I can’t help wonder why the Senator believes such a repeal is good policy, maritime or otherwise.

Surely, Senator McCain isn’t worried about an uneven playing field between American ships and their foreign competitors. He must certainly know that the overwhelming majority of ocean borne commerce between the U.S. and our foreign trading partners enters or leaves our shores on foreign flag vessels. Such vessels employ lower cost crews and their owners enjoy favorable tax treatment from their country of registry; hence, such vessels operate at cost levels which U.S. operators simply can’t match. Recognizing this reality, Congress has historically reserved waterborne commerce within the U.S. to American ships as a means of ensuring the survival of some semblance of an American merchant marine. Call it protectionism or what you will, the Jones Act does serve to ensure the existence of an American commercial fleet of vessels.

My own education and experience in things maritime persuades me that this is a good policy. A viable American merchant marine is an essential component of our national security, a fact that is generally ignored until it becomes necessary to find the ships to carry the goods to supply the troops who have been sent overseas to protect American interests.

Without the Jones Act’s restrictions against foreign flag vessels carrying domestic cargos, our already minimal merchant fleet risks further shrinkage to practically nonexistent levels. Happily, Senator McCain’s bill appears to have garnered almost no interest on Capitol Hill; no other senators have opted to cosponsor his legislation. It intrigues me, though, why an ex-Naval officer such as Senator McCain would target the very ships we may need one day to protect interests far distant from our shores.

For additional information, I recommend reading RealClear Defense’s article which expresses views contrary to those of Senator McCain.

© 9/27/2017 Hunt & Associates, P.C. All rights reserved.

The Need of Hiring a Business Transaction Lawyer is Rising

Every business demands a business lawyer, so that one can run one’s business successfully without facing any kind of hardships from others. Different companies have different rules that are set as per the requirement of their corporate guidelines and structure, hence the rules and regulations may vary from one company to the other. On the other hand, small businesses do not have complex set of rules, but it may be a necessity later on when a company grows itself and starts becoming a corporate. The lawyer plays an active role in forming up of such rules and makes sure that the regulations are properly abided without any fail. The lawyer also helps to deal with the legal complexities that are related with partnerships, networking, and joint ventures and also prepare against probable future lawsuits and build planned relationships with other trade industry.

Any legal problem or business dispute is not appreciated and is not welcomed at any stage and in any kind of business. Therefore, a company needs proper strategic planning so that one can avoid arising of such problems that may hamper the growth and reputation of the company. The lawyer who is responsible to look after the growth of one’s business will take up the legal procedures with utmost care and concentrate on the growth of the business. A knowledgeable and wise business lawyer can easily avert situations which might engage huge expenditures in lawsuits, or take the matter into consideration and solve it accordingly before it takes a huge shape. There basic duty of a business lawyer is to review the problems and come up with proper and effective solutions. Business transaction lawyers are considered to be an asset for any organization if they are knowledgeable and professional in their field. The business lawyers have different kind of job roles, a lawyer needs to apply its powers and methods effectively so that it benefits the company and increases the growth perspective.

When a business is a small unit in the trade world, it is a daunting task to handle mergers and meetings with the big shots of the trade world. One’s business transaction lawyer will help in this regard also, as they are well aware about the intricacies that a business has, and hence will have the best solution for every possibility that company faces during its execution period in such industry. A company should be perfectly resourceful and confident so that it is not exploited by its opponents, who will indeed have sufficient knowledge on matters of corporate sector. If an organization wishes to have a major business transaction, a business lawyer in case can make or break the deal as per the guidance that is provided by him. Such business lawyers also helps in preparing legal papers for any contract like gaining or expansion, or even advertising a company to merge with a larger organization, a business transaction lawyer helps out with the paper works that is needed and other finer issues that is concerned with it. By hiring a business lawyer, a person needs not to worry or invest one’s time in the legal ins and outs and can actually concentrate on one’s business and concentrate on its growth.