The 2nd Amendment of the U.S. Constitution

It’s a very brief sentence but it is some of the hardest and most obscure words to interpret in the English language. This amendment which guarantees that an American has a right to bear arms (weapons) can spark vigorous, and intense debates on both sides of the coin. To bear an arm implies that a person physically carries or houses a weapon.

The Supreme Court has faced the issue of deciding which types of guns are allowed. The Justices declared that the Second Amendment protects weapons which are “in common use” but not those that were deemed “dangerous and unusual.” This vague language continued to spark debates as people demanded clarification.

As time progressed the Supreme Court’s interpretation has changed. Prior to the 2008 Supreme Court’s District of Columbia v. Heller decision, their ruling was that the Second Amendment did not guarantee the right to bear arms. But with their 2008 ruling, the Court implicitly stated that it is a right for an individual to have a firearm and it doesn’t need to be associated with a military service.

Eventually, the Court issued an explanation saying, that to totally ban firearms from U.S. citizens was nothing short of a prohibition on all guns that individuals owned for the purpose of self-defense. Also on the docket was the language that stated that in order for a person to lawfully own a gun, it must be disassembled or secured by a trigger lock. Again the Court ruled that this was a violation of Second Amendment rights; what purpose was owning a firearm if it was rendered useless for self-defense. The Court added that since ancient times, legal systems across the globe have given citizens the right to defend themselves.

Banned Weapons and Locations

A Federal law prohibits weapons on government property. For example, someone taking a gun into a Post Office will be subject to arrest. Weapons are also not permitted in federal buildings, federal prisons federal courts, aircrafts, ranger stations and national cemeteries. According to TSA, if travelers want to take a gun on an aircraft, it must be checked as baggage and be safely locked in hard-sided container.

Again, this is a very brief account of the 2nd amendment and what it entails. We could go into a debate on this topic that would last for an eternity. This post is meant to provide some general, background info. What are your thoughts?

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Three Branches of U.S. Government

When the founding fathers began to write documents that would structure our new democracy, they wanted to ensure that no one person had too much authority. So they designed the language to create separation powers. The three branches are, Legislative, Judicial and Executive.

The Legislative branch makes the laws, and is comprised of both houses of Congress: Senate and House of Representatives. Each state can elect two senators. However, states are allotted a number that’s representative of their total population. Senators can serve a six-year term but representatives must be re-elected every two years.

Once the bill becomes a law, the Executive branch has the responsibility of enacting it. Those in the Executive branch are the president, vice present and 26 cabinet members, who serve as the presidents expert advisers. The president nominates an individual to head various departments and agencies. This person must be confirmed by a majority vote in the Senate. Besides being the head of the government, the president also serves as the commander-in-chief of the U.S. military.

Finally, the Judicial branch, the group that evaluates the validity of the law, is headed by the Supreme Court. Nine justices sit on the Court, are appointed by the president, and confirmed by the Senate to serve a life term if wish.

The intention of the founding fathers was that these three branches work in unison to promote law and order. This accomplished by a system of checks and balances.
Normally, when a president finishes his term, the cabinet members also leave, as the incoming president will make his or her own selections.

Order of Presidential Succession

The 25th Amendment to the Constitution ratified in 1967 provides an outline of the president’s succession plan upon his or her death. The next in line is the vice president, followed by the speaker of the house. Should the speaker be unable to fill his or her duties, the president pro tempore of the Senate and then the Secretary of State.

This just briefly touches on the structure of our government in the United States. We have a number of attorneys employed here who are well versed in our government and federal law. Do not hesitate to reach out for more information.

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Estate Planning: Why You Need a Will

You need a basic estate plan if you own any property. In as much as no one wishes to think about his/her demise, planning your estate is one of the best decisions that you can ever make as far as your wealth is concerned. This is because it reduces the confusion that is typically associated with post-death wealth distribution. A will is basically the document that declares what needs to be done to the property of the deceased.

A will cannot be effected unless its author, also referred to as the testator, dies. In addition, the testator may choose to revoke the will prior to his/her death for various reasons. In case you die without ever having written a will, your property will be distributed among your heir according to the intestacy statutes of your state of residency.

Typically, intestacy statutes uphold a distribution system that resemble what the decease would have wanted. The laws provide how a deceased’s property is to be distributed among heirs. The laws do not stipulate who gets specific components of the property. This means it is up to the heirs to agree on these minor details.

Wills, the Probate Process, and Minors

Contrary to popular public opinion, a will doesn’t force heirs to undergo the probate process, which is usually long and expensive. In the event that you die without writing a will, the probate court has the mandate of overseeing the distribution of your wealth among your heirs. The absence of a will means that the estate administrator must post a surety bond to initiate the probate process.

In case your children are still underage at the time of your death, the probate court has the mandate of setting up a conservatorship whose role is to manage the minors’ share of the property. When they turn 18, each child will receive his/her share of your estate regardless of whether they have the ability to independently manage the it or not. This highlights the importance of indicating in your will the name of a guardian who will be entrusted with your underage kid’s share of the property.

Irrespective of the size of your estate, writing a will is advisable. What’s more, there are numerous books and software that can help you undertake this estate planning exercise. Consulting an estate planning attorney when writing a will is equally advisable.

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Freedom of Speech

Does Freedom of Speech Give People the Right to Offend? A short post by Rick Zimmer.

I have thought about this for quite some time. I noticed that we are allowed to say whatever we want, as long as if it does not offend someone or hurt someone’s feelings. But is honesty the same as being offensive?

One thing that has bothered me, is when people get in trouble for saying their honest opinions about a particular issue or a political topic. I’ve noticed that a lot of people, celebrities especially, are essentially blackballed if they speak about a popular current event in an “offensive manner.” For example, if a black person in the public eye says something offensive against the black lives matter movement, they are treated as if they committed a crime. The same thing goes for white people who say thing against an issue that affects predominately white people. This applies to all races. Don’t get me wrong, if someone disagrees with what a feel, of course I feel some type of way about it. However, I get bothered by the fact that people seem to get into an uproar if someone describes something that he or she is passionate about in a negative manner. If someone says, “I hate the black lives matter movement,” what is so wrong with that? Just because it portrays something in a negative light, doesn’t mean that they should not be able to say it.

I guess this is bringing my article into a different light. I am tired of people getting upset about people being honest. I feel that freedom of speech is OK, and even offending people is OK if it is less intentional and more about expressing one’s beliefs and point of view. People are allowed to have opinions. Am I saying that we should go around calling people idiots and spreading hate, no. But I am also saying that if someone doesn’t agree with your lifestyle or says it in a manner that is slightly offensive to you, you shouldn’t get into an uproar. That goes for me as well.

My thoughts were kind of jumbled, but I hope I made sense in the end. What do you guys think about the things I discussed in this article. Leave a comment down below and share your thoughts please.

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Part-Time Law School

Here is a great post from one of our junior associates about different ways to finish law school.

“After successfully completing an evening law school program while working full time, there are a few words of wisdom and advice to share. First, although it is most like referred to as a part-time program, but would be better described as the “Evening Division” program. A full course caseload in law school is approximately 12 credits or 4 classes per semester.

In order to graduate in 4-5 years, a requirement of most accredited law schools, you will carry 9 -11 credits per semester (or more) every semester in law school (Summer semester you will probably only have to take 4-7 credits). This is not an easy task. You will have to be extremely organized and disciplined both at work and in your studies. There will not be a minute to waste. Your life will be highly scheduled and there will be little room for error, especially during the first year – which is the hardest of all.

The practice of law is all about preparation, and law school professors are keen to force you to learn the lessons of preparation. In spite of the fact that most law school professors are poor educators, and should not be teaching anyone, you will successfully learn the material if you apply yourself. Train yourself to prepare for every class by following the professor’s syllabus to the letter, and be ready to answer when called on. When the professor calls, be ready to answer. Nothing sends a law school professor into madness faster than law school students ill-prepared for class. The professor will take his anger out on everyone, and that is not fun. Please be prepared…it will be less painful for you and your classmates!

Because law school professors are not necessarily good teachers, you must be resourceful and find other ways to teach yourself the material beyond the case law and lectures—which, for the most part, can be difficult to understand. Finding a detailed course outline on the internet, or purchasing commercial outlines is a very good idea. However, do not think you will be able to rely on these resources alone. If you do, it will be a grave mistake and your GPA will show it. You must use other resources only to further your own understanding, not as a substitute for your own work. For every course, you should create your own detailed outline based on the professor’s syllabus. This way, you will learn what the professor wants you to know for the exam. Supplement your outline as necessary with explanations or highlights from other outlines.

Study groups were not useful only because of the time and effort spent preparing for each class, and also my work schedule. Others of my classmates could not survive without a study group. I think this was because they were distracted (Facebook or internet shopping) during class – or being too tired. Luckily, I was able to pay full attention throughout class, and did not allow myself to be distracted, so there was no need for me to take time traveling to participate in a study group, or trying to rearrange my schedule to attend a group where other students were trying to figure out the material. Pay attention during class. My study time was much better spent reading or working on my own outline, rather than with a group of people who didn’t know the material. The one thing that was marginally helpful in the later years was to collaborate with a small group on preparing an outline. I did not do this often, but carrying a heavy caseload sometimes necessitated it, and I developed trustworthy relationships my classmates, so it worked out. Even so, I went over the contributions of others very carefully. I rarely relied on others, and I would definitely pass that advice along.

Buy used books! Law school text books are outrageously priced — $250 for a textbook. During my first years, I thought I needed the brand new, clean books. During my last years, I sometimes found used books on Amazon or Barnes and Noble for less than $25. The same goes for used study aids. You don’t have to spend a ton. Check out the reviews of the seller. I never had an issue with buying used. Also, whether you drive or use public transportation, do yourself a HUGE favor and purchase audio downloads of law school courses . Bar prep audio courses are helpful for law school classes, too. I supplemented my learning this way and got A’s every time.

Definitely ask the professor for old exams to prepare. Use the law library to get any old exams you can, and practice. It occasionally happened that a professor would use a repeat question from an old test. What a bonus for preparing. Also, use commercial question & answer (Q&A) aids for studying. It will help prepare you for the multiple choice questions on your exams, and even if your exam is only essay questions, the Q&A has detailed answers so you will learn from your mistakes and be able to write better essays.

Most law school courses have only one exam during the semester, so your grade boils down to one performance and one performance only! The exams are three or four hour long marathons of non-stop writing. If you are working full-time, use your vacation time wisely, and take days off during final exams to study, rest and prepare. Being nice to your supervisor at work, and staying on top of work responsibilities will definitely pay off during the exam period.

Other random advice includes cooking meals for the week on Sundays, so that you can take something to school in the evenings to eat. You do not want to live on fast food while you are taxing your body and your brain. You will get sick if you don’t take care of yourself. Also, make a bed-time routine and stick to it. Every night I came home around 9:15. I usually grabbed a snack, watched a TV show to unwind, and then was in bed by 11:00. Alarm went off at 6 or 6:30. Sometimes, in the morning, I would catch up on reading for the evening class or do homework in the morning before leaving for work. Sticking to a routine is essential. I tried exercising off and on – mostly off. It definitely helped, but I confess that I wasn’t regular with it. You will do better and find time to exercise! Between semesters, make sure to do something fun—take a vacation. Kick back and rest your mind. Spend as much time as you can with friends and family whom you have completely ignored while running from work to school and back to work. Hopefully, they will understand your plight and you have everyone’s support.

As you can see, succeeding in law school requires discipline and preparation. This is the way it will be when you are an attorney. So, look at law school not only as learning to think like a lawyer, but also view it as practical preparation for being a lawyer in the real world. If all of this sounds horrendous to you, please run, do not walk away from your law school application…and save your time and money for something you really want.”

This post shows how even the busiest person can successfully attend and complete law school. This is the kind of talent and dedication we are looking for at the Rick Zimmer Law Firm.

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Civil Litigation

This post will go into detail about Civil Litigation, what it is, what happens when one party sues another and when all of this commonly occurs.

Preparation

Substantial preparation is required before entering civil litigation. The party bringing the lawsuit (the Plaintiff) will research and gather information to strategize and assess the case. If the party to be sued (the Defendant) anticipates litigation, it may take similar preparatory measures. Most of the preparatory work is performed by the parties’ attorneys.

Pleadings

Each party must file and serve initial papers, which are collectively known as “pleadings.” The Plaintiff will initiate the lawsuit by filing and serving the initial pleading known as the “compliant.” The complaint details the Defendant’s actions or inaction, the harm suffered by Plaintiff, the legal theory to find the Defendant responsible, and Plaintiff’s requested relief. The request for relief may include monetary relief, injunctive relief, or declaratory relief. The Plaintiff is not limited to one form of relief – all three can be requested, if appropriate.

The Defendant will file and serve a responsive pleading known as the “answer.” The answer will admit or deny the allegations set forth in the complaint. The answer will also assert and defenses or counterclaims that the Defendant may have.

Discovery

After service of the complaint, the parties will enter “discovery.” Discovery is a process in which the parties request and obtain useful information to prepare for litigation. Discovery may involve depositions, witness testimony, expert witnesses, and exchange of documents. Disputes often arise during discovery, which frequently require court intervention.

Motions

The parties usually make motions before trial. These pre-trial motions usually ask the court to rule on certain issues or take certain actions. There are two types of motions – dispositive motions and non-dispositive motions. A dispositive motion asks the court to dispose of all or part of the claim. All other motions are non-dispositive.

Trial

If the case does not settle, it will proceed to trial. At this point, the parties will present their cases to a judge. The parties may also present the case to a jury.

Both parties will begin trial by filing briefs, which are followed by opening statements. Then, each party will have the opportunity to present evidence and call witnesses in support of their position. After the parties present their cases, they will give closing statements. Finally, the judge (or jury, if applicable) will decide the case.

The Possibility of Appeal

If a party is unhappy with the outcome of the case, it will usually have the opportunity to file an appeal. However, there is no further level of appeal available after a case has been heard by the United States Supreme Court.

Hopefully this post gave you some more information about what civil litigation is. Stay tuned to our blog for more!

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source http://www.rickzimmer.com/civil-litigation/

Reasonable Contigency Fee

Many clients wonder what is considered a ìreasonableî contingency fee. A one-third fee is considered fair and reasonable for most cases. While the fee may be higher than one-third, a 50% contingency fee is generally considered to be too high. The reasonableness of a contingency fee depends heavily on your attorneyís cost-risk-reward analysis of your case.

The Attorneyís Cost Analysis

To determine a reasonable contingency fee, the attorney will estimate the costs involved in winning your case. The attorney will try to predict how many hours will be required to win your case, how much research will be involved, and whether the case is likely to settle or go to trial. The attorney may also consider whether taking your case will require the attorney to decline other work.

The Attorneyís Risk Analysis

The attorney will also analyze the risk involved in taking your case. The attorney will look at the merits of your case to determine your chances of success at trial or a in settlement negotiations. To do this, the attorney may focus on any weaknesses in your case, your credibility, the relevant law, and the outcomes of similar cases.

The Attorneyís Reward Analysis

Finally, the attorney will analyze the potential reward involved in taking your case. To do this, the attorney will estimate what your case is worth by predicting the money damages at stake.

The two types of money damages include ìcompensatory damagesî and ìpunitive damages.î Compensatory damages compensate the plaintiff for actual losses, while punitive damages are awarded to punish the defendant. Depending on the circumstances of your case, compensatory damages will usually include recovery for economy loss, including:

-Loss of earnings
-Medical expense
-Property damage

Compensatory damages may also include recovery for non-economic loss, such as:

-Emotional distress
-Pain and suffering
-Loss of consortium
-Defamation
-Disfigurement

Punitive damages are rare. They usually are only awarded where the defendant acted intentionally or egregiously, or the defendantís actions were extremely harmful.

The Attorneyís Determination of a Reasonable Contingency Fee

After balancing the cost, risk, and potential reward involved in taking your case, the attorney will determine a reasonable fee, which may range from 20% to 50%. Generally, a one-third fee is fair and reasonable for most cases. If the fee is higher than one-third, it is likely because the attorney assessed extremely high risks and costs involved in taking your case.

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