How To Check If Your Home Business Is Legal?

If you’re going to start running a business from your home, there are various laws you need to know about. If you don’t check things out before you start, then you risk having your business shut down by the authorities.

Zoning Laws.

The chances are that the different parts of your town or city have been split into different ‘zones’. Each one of these zones has a purpose: business or residential. Since you almost certainly live in a residential area, zoning laws restrict what you can do there in terms of business.

If you think about it, there are good reasons for this. What would it be like if someone could just decide to buy up a whole load of houses and turn the area into a shopping mall, without getting anyone’s permission? What if your neighbours could just turn around one day and start using their house as a shop? I doubt that you’d like that. The laws are there to protect your neighbourhood, and to stop business from interfering with people’s home lives.

You need to phone whatever local governmental body there is in your area, and ask them about the zoning laws in your area. If they’re not helpful, it could be worth a visit to a lawyer. You’ll find that laws vary massively – here are some of the things you might come across.

The Strict Zoning Policy.

Many areas still operate a strict ‘no-business’ policy in residential areas, and will come after you if you start a business without their permission. You’ll need to put in a formal application, and there could be a public hearing, giving other residents the chance to object. Time to start being nicer to your neighbours!

You should note that just because there are other home businesses in your area, it doesn’t mean that you’ll find it any easier to get permission. The rules may have been tightened up since those businesses were started. Still, it’s worth talking to other home businesses in the area, if you can, to see if you can get any advice.

Percentage Policies.

Another common way of handling things is to allow you to use only a percentage of your house for business, to avoid residential properties becoming wholly commercial. You might be told, for example, that only 20% of the house can be used for business purposes. This can be restrictive if you have a small house, or if you need to store things. Worse, areas with a policy like this are usually completely unwilling to vary it for you.

Restrictions by Industry.

It’s worth checking if there’s a special exception in the zoning laws for what you plan to do. Artists, for example, are often excluded from the laws (where are they supposed to work – the art office?), as well as people who give home tuition, like music teachers. Doctors and dentists are another common exception.

Signs and Traffic Rules.

You might find that the laws have special restrictions on signs and traffic. You could be restricted from putting anything on the front of your house that could be considered ‘advertising’, meaning that you can’t even have a sign with the name of your business. If you plan to have lorries or trucks bringing deliveries to your house, then that can pose a big problem, especially if someone complains about them, or there are lots of children in the area.

Visitor Rules.

Another contentious issue is visitors. For some reason, people get upset if lots of visitors keep coming to your house – they like their street to be quiet, not constantly busy. Some laws allow only a set number of visitors to your home business per day, or restrict the number of visitors that you can have at one time.

Breaking the Law.

A footnote to all this is that millions of businesses are operated illegally out of people’s homes, in violation of the relevant laws. They keep their business secret, because they know that admitting what they’re doing would probably get it closed down. This approach obviously isn’t recommended, though – you should always try your best to do things legally, and consider moving house if no-one seems to want your business in the area.

Free Movies? Legal? You've Got To Be Kidding!

Have you heard of the saying "you get what you pay for"? Have you also heard about all of the ruckus that went on over the sites that allowed people to share files for free? Well if so, or even if not, I don't blame you for being incredulous when you hear me claim that I can tell you that there are sites that give you unlimited access to free movies, and completely legally. Well let me tell you how these sites work in the next several paragraphs.

Free movies is actually a creative marketing ploy, because there are actually fees involved. They can say that though because if you are a member of their site than you get access to all of their "free" movies. Basically what it boils down to is a site that operates very much like a cable company and charges a monthly fee to come be able to come to their site and download movies. They do get to keep them which is the super cool thing about these sites and makes them totally worth the cost.

So how do they make any money? Well they are on the internet so their market has huge potential. They are not limited by geography like a movie rental store would be or a cable company for that matter. So volume is a huge thing they bank on. So won't people just get on the site for one month or so and download all of the movies that they want and then get out? Wouldn't they lose money on people like this? Well the answer is yes and no. You see for one thing there is such a huge volume of films is would be hard to download all of the movies that you want in one month. Besides people don't want their hard drives full of free movies. The other major thing is that good movies aren't just going to all of a sudden stop coming out. People are going to want to stay members so that they can get the new releases that come out periodically.

Maybe now you are seeing the benefits that cause people to become members and then "give" them all the free movies that they could ever want. Maybe now you will go and check out one of these great sites. They are easy to find, trust me. All that you have to do is search for free movies and you will get more sites than you new existed for this new way to sell movies.

Speeding Ticket – The Legal Basics You Need To Know

If you have chosen to fight your speeding ticket in court, then you’ll need to know the basics of how to act while you’re in court. With this in mind, I’ve prepared for you some basics of how to behave in court.

Here they are:

Make sure you are well dressed. If you are dressed inappropriately, it will be seen as an insult to the court…and this is NOT going to help your case.

ALWAYS be polite and courteous to everyone there. This includes the judge, the prosecutor, and the police officer. Also, remember that these people know each other very well. Always be nice to these people.

The idea of innocent until proven guilty is for the movies. It doesn’t work like this in real life. Remember the only thing separating you and a conviction is evidence.

If you admit to anything in the court room, the charge against you can be changed at a moments notice. You can be found guilty if it comes from your own mouth. If anyone in the court room (judge, magistrate or prosecutor) asks you anything whatsoever about the ticket, be courteous…and say you would prefer not to testify against yourself.

Remember that the proof required in criminal cases is beyond reasonable count. The key word in all of this is reasonable. If you don’t challenge the evidence, it will be presumed reasonable by everyone in the court room.

Remember that you are being charged for a specific speed. Not just for driving fast. The prosecution will try to show evidence that you were driving a specific amount over the limit, not that you were simply driving “fast”.

You do not need to try and prove your innocence. You simply need to prove that the prosecutions evidence is either unreliable, or is inadmissible. This is an important distinction which you need to keep in mind.

The Legal Procedure Of Wage Garnishment

A legal procedure, in which some portion of a person’s earning is required to be withheld by an employee for the payment of the debt, is called as wage garnishment. Most of these garnishments are made by court orders. There are some other legal procedures also which include IRS levies or state tax collection agency levies. They levy for the taxes, which are unpaid.

There are assignments in which the employees voluntarily agree that their employers will deposit a particular specified amount of their earnings to their creditor. But in the case of wage garnishment this voluntary assignment does not work.

Title III of Consumer Credit Protection Act says that person has his pay garnished for only one debt then the Act limits the amount of that employee’s earning that may be garnished. It even protects the employee from being fired also. If any garnished controversy in wage garnishment is arises, then the query solution part has to be taken directly to the court or the agency initiating that withholds the action. In the case of wage garnishment, Wage and the House Division, which administers the Title III Act cannot do anything.

The Garnishment law protects everyone from receiving their personal earnings like pensions, salaries, commissions, wages, bonus, etc. this law implies in all the 50 states. Wage garnishment is not prohibited if an employee’s earnings are garnished for or more debts.

There are some restrictions also on wage garnishment. The amount of pay subject to wage garnishment is based on the employee’s disposable earnings which includes federal state and local taxes and the share of employee in State unemployment Insurance and social security. These disposable earnings for wage garnishment under the CCPA many deductions are not made from the employees gross earnings such as voluntary wage assignments, union dues, health and life insurance, savings bonds purchased, payments made for payroll advances, contributions to charitable causes. Only the retirement plan contributions are deducted and that too only those which are required by the law.

For wage garnishment, the garnishment law sets the maximum amount that can be garnished from a person in a particular pay period. During the fixing of the amount, the law does not consider the member of garnishment orders received by the employer. In case of ordinary wage garnishment, which does not include bankruptcy etc., the amount of garnishment in a week may not exceed the lesser of the two figures. The garnishment amount maybe 25% of the disposable earning of the employee or the amount by which his disposable earnings are greater than 30 times the federal minimum wages. Of the pay period is weekly and the disposable earnings are lesser than the amount calculated through the federal minimum wage, then the garnishment cannot be done. A maximum of 25% can be garnished. The law for wage garnishment specifies that the restriction on garnishment does not apply to certain cases where the bankruptcy court order is issued or there are outstanding debts for the federal or state taxes.

Wage garnishment is the last option that an employer goes for. When all the other options for settling the due debts exhaust, then the employer opts for wage garnishment. Most of the wage garnishment requires a court order and even in that they are required to notify the worker 20 days before the garnishment goes into the effect.

If someone ignores the IRS, then wages are the first place that goes in for garnishment. It is not only the IRS but also the state government; private creditors or even an ex-spouse seeking alimony can go in for garnishment. The government creditors can garnish more than the paychecks. But the Title III of the Credit Consumer Protection Act limits the amount of wage garnishment from the worker’s paycheck. This facility leaves an employee with some income and at the same time creditor also get paid up regularly also prevents the creditor to speed up the recovery procedure.

The Non-profit Bylaw Legal Form

So, you have a non-profit organization and you need a bylaw legal form and don’t know where to turn. Well relax, you are not the first one in this situation and you are not alone. Yes you have a problem but thanks to the Internet there is an easy solution to your problem. And this solution is much easier than you would ever think.

The answer for your non-profit bylaw legal form is the Internet.

The Internet you ask? Well yeah, the Internet!

Sure you could go out and hire a lawyer but that is an expensive option. Especially for a non-profit organization. Why would you want to spend the hundreds of dollars to fill out a simple for like the bylaw legal form when you can simply have it done yourself?

Here’s all you have to do. Simply get online and use any search engine and type in the words “Bylaw Legal Forms” Note: The use of capitalization does not matter as any search engine worth its salt will not limit its search on the web for documents and web pages to fulfill your search to Internet sites which can help you out.

You will be surprised how many pages are out there and available for your use. Now all you have to do is find a bylaw legal form which will be suitable for your non-profit organization and save it to your hard drive. Many of these legal advice sites will have a download option which will save the form directly or you can simply copy and paste the information into any word processor.

Next you modify the bylaw form to suit your needs. That is to simply add a paragraph or delete one from the standard bylaw form which do not apply to your situation. And then of course you will need to fill out your own personal information to personalize the bylaw form.

Next you just need to print out the form and to make it official there should then be a vote or review by your non-profit organization’s board of directors or officers and then a signing of the document.

And that’s it! Your non-profit bylaw form is complete. If you want to go the extra step you can then get the form notarized which is not very expensive at all. Especially when you compare the cost of a public notary to that of an attorney. The hundreds of dollars you will save can be put to much better use I am sure.

So there you go. Some general advice and information on a non-profit bylaw legal form. See? I told you that it would be easier than you thought.

Legal Assistants And Paralegals - A Closer Look

One of the most important tasks legal assistants and paralegals perform is to assist lawyers as they prepare for corporate meetings, closings, trials and hearings. Although the lawyers take ownership for the legal work, they will often delegate many tasks to legal assistants and paralegals. As a result, they continue to take on a growing range of tasks inside the nation's legal offices and perform many of tasks traditional done by lawyers.

On the other hand, they are still strictly prohibited from performing any duty that is considered to be the "practice of law" - such as setting legal fees, giving legal advice, and presenting cases in court. Legal Assistants and paralegals also do much of leg work like verifying and looking into the facts of cases to ensure that all points are thoroughly covered. They also identify appropriate laws, judicial decisions, legal articles and other materials that are relevant to assigned cases.

After they analyze and organize the information, paralegals may prepare written reports that attorneys use in determining how cases should be handled. Should the decision be made to file a lawsuit, a paralegal may then be given the responsibility to help prepare the legal arguments, draft pleadings and motions to be filed with the court, obtain affidavits and assist the attorneys during trial. Paralegals also organize and track files of thee all important case documents and make them available and easily accessible to the attorneys.

In addition to preparatory work, legal assistants and paralegals also perform a number of other vital functions. For example, they help draft contracts, mortgages, separation agreements and instruments of trust. In addition, may assist in preparing tax returns or estate planning. Some may even be given the responsibility to coordinate the activities of other law office employees and maintain financial office records. Of course, additional tasks differ, depending on the employer.

Legal Assistants and paralegals are found in all types of organizations, but most are employed by law firms (about 70%), corporate legal departments and various government offices make up most of the remaining 30%. In these organizations, they can work in many different areas of the law, including litigation, personal injury, corporate law, criminal law, employee benefits, intellectual property, labor law, bankruptcy, immigration, family law, and real estate.

As the law has become more complex, legal assistants and paralegals have responded, like many professions, by becoming more specialized. And within specialties, functions are often broken down even further so that legal assistants and paralegals may deal with a specific area. For example, legal assistants and paralegals specializing in labor law may concentrate exclusively on employee benefits.

The duties of legal assistants and paralegals also differ widely with the type of organization in which they are employed. Those who work for corporations often assist attorneys with employee contracts, shareholder agreements, stock-option plans and employee benefit plans. They may also help prepare and file annual financial reports, maintain corporate minutes' record resolutions and prepare forms to secure loans for the corporation.

Legal Assistants and paralegals often monitor and review government regulations to ensure that the corporation is aware of any new requirements and to ensure they are operating within the law. In addition, an ever increasing number of experienced paralegals are taking on additional supervisory responsibilities like monitoring team projects and serving as a communications link between the team and the corporation.

The duties of legal assistants and paralegals, working in the public sector varies between agencies. However, as a general rule, they analyze legal material for internal use, maintain reference files, conduct research for attorneys and collect and analyze evidence for agency hearings. They may prepare informative or explanatory material on laws, agency regulations, and agency policy for general use by the agency and the public. Legal Assistants and paralegals employed in community legal-service projects help the poor, the aged and those in need of legal assistance by filing forms, conducting research, preparing documents and when authorized by law, representing clients at administrative hearings.

Legal Assistants and paralegals in small to medium-sized law firms usually perform a variety of duties that require a general knowledge of the law. For example, they may research judicial decisions on improper police arrests or help prepare a mortgage contract. On the other hand, those employed by larger law firms, government agencies or corporations are more likely to specialize in one aspect of the law.

Being computer literate has also become an essential skill of legal Assistants and paralegals. Using the internet to search legal literature and extracting vital information stored in computer databases and on CD-ROM is also an important skill set. In litigation involving many supporting documents, paralegals usually use computer databases to retrieve, organize and index various materials. Imaging software allows paralegals to scan documents directly into a database, while billing programs help them track hours billed to clients. Various software packages are also used to perform tax computations and explore different scenarios of various tax strategies for clients.

As you can see becoming a Legal Assistants and paralegals profession is an exciting and ever-demanding field that requires a wide range of skills and knowledge. If you're looking for a career, not just a job and you have the willingness to push yourself then this field is ripe for the picking.

Fast Food : No Legal Recourse

Do you eat fast food? You must. According to the House of Representatives, the fast food industry is a significant part of our national economy. It did not become that way be having few customers. Many independent researches have found that fast food is unhealthy and causes weight gain. This research suggests there is something “faulty” with fast food. Our nation is becoming more obese by the day and many obese people are attributing their weight gain to fast food consumption.

In the documentary Super Size Me, it was proved that eating fast food promotes poor health and weight gain—even without over eating. In response to this “faulty” product, some are turning to the legal system for justice. However, a cleverly devised bill was created called the “Personal Responsibility in Food Consumption Act of 2005.” This bill was sent to the house (H.R. 554) and on October 21, 2005 is passed by a vote of 306 to 120. The bill is now in front of the Senate, where it is expected to pass.

The House of Representatives, in this case, found the following:

1. The food and beverage industries are a significant part of our national economy.
2. The activities of the manufacturers and sellers of food and beverages substantially affect interstate and foreign commerce.
3. A person’s weight gain, obesity or a health condition associated with a person’s weight gain or obesity is based on a multitude of factors, including genetic factors and the lifestyle and physical fitness decisions.
4. Fostering a culture of acceptance of personal responsibility is one of the most important ways to promote a healthier society, lawsuits seeking to blame individual food and beverage providers for a person’s weight gain, obesity or health condition are legally frivolous and economically damaging.
5. The American food industry is the nation’s leading private sector employer.

If you notice in the above findings, the basis of this soon-to-be law is economically motivated and not devised for the betterment of a healthier society. In their purpose and summary statement, the House of Representatives basically said that fast food establishments should not be held liable for the damage their products cause due to “over-consumption.” What is interesting is that these fast food companies have never, to my knowledge, defined what “proper-consumption” is. How can you have over-consumption when you have not defined what proper-consumption is?

If a typical American simply eats his or her regular three meals a day at a food establishment and his or her health deteriorates as a result, shouldn’t that establish be held responsible for serving a “faulty” product? H.R. 554 is an attempt to remove the liability of food providers and silence the legal resource by consumers. The next time you walk into a fast food establishment, see if you can located the “proper-consumption” documentation.

Business Name – How To Pick One From A Legal Perspective

A business name can be a huge factor in the ultimate success or failure of the entity. Unfortunately, many people fail to give a lot of thought to it prior to moving forward. There are many factors to consider including something memorable, a name related to your area of work and, potentially, the availability of the domain name.

Married?

Picking a business name is like getting married. You are going to have to stick with it till the bitter end. It is estimated a prospect will need to see your advertisement and business name at least 22 times prior to doing business with you. Once they associate your business with a certain name, making a change will be disastrous. Once you pick something, stick with it.

Naming Your Business

If you are going to be married to your business name, you need to make sure the bride isn’t already married to another suitor. There are four significant issues to consider.

Initially, you must determine whether the name is already being used in your state. The Secretary of State controls the names of all corporations, LLCs and partnerships. Most also have a web site where you can conduct name searches. Even if you are a sole proprietor, you should check the name against those already registered in the state database. If the name is being used, you will need to consider an alternative.

Assuming the name passed must with the Secretary of State, you should check it against existing trademarks file with the Patent and Trademark Office. The “PTO” maintains an online database. As with the Secretary of State, you can conduct an online search to make sure no other business is using it.

In this day and age, many businesses incorporate a web site as part of their business model. If you are in this boat, you need to check to see if the business name is available as a domain. If it is, you should register it immediately. If not, you can either change your business name again or focus on a domain name incorporating your service or product instead of the business name.

Avoiding Problems

You business could be devastated if you do not take these precautionary steps. Imagine the negative impact on your business if the name has to be changed three years down the line. Take a breath before you select a business name. Like a spouse, it can be either a good or bad choice.

Ancient Coins And Legal Tender

Getting Started with the Hobby of Numismatics and Collecting Coins

What is Numismatics?

Numismatics – the very name sounds mysterious and evocative. In simple terms, numismatics covers the science and study of coins, cash, and other legal tender, as well as medals, tokens, and medallions. The collection of ancient, commemorative, and rare coins is a fun and exacting hobby, and opens up a realm of history that most people never get to see. A numismatist holds an ancient coin that has passed through dozens or hundreds of hands throughout the millennia. In medieval times, the collection of ancient coins was already popular, but it was known as a hobby for kings. Today, building a fascinating collection of coins does not have to be expensive, and everyone can participate in this exciting pastime.

How do I Start Collecting Coins and Legal Tender?

When deciding which coins to collect, you should consider your interests, your budget, and your return on investment.

The first step when building a collection of coins is to decide what category of legal tender interests you most. Some people like to focus their collections on specific precious metals, such as gold, silver, copper, or bronze coins. Others like to concentrate on a specific time or region, like ancient Roman coins. Commemorative coins are a popular form of collection, as are rare minted coins like those which had an error in their stamping. If a certain set of coins doesn’t interest you, it won’t be any fun at all to become a collector.

Another interesting choice for numismatists is a token collection. Tokens were historically used in place of legal tender, if coins of the right value were not available, or were not convenient. In the modern day, tokens are still used at gaming arcades and some vending machines. Tokens may not be as valuable as true moolah, but they are an interesting look at local history, and can be fun to collect.

The price of a rare coin depends on supply and demand. If only a few coins were made but there are tons of collectors, it will be very expensive to start that kind of collection. Ironically, ancient coins are some of the most inexpensive and most interesting coins to collect. Because of the large number of coins in circulation between 650 BC, when stamping coins became popular, to the fall of the Roman Empire in 450 AD, tons of coins were created, and more are being uncovered every day. Common bronze coins that were being used in the time of Archimedes can be bought for about $10 apiece.

The third, and probably least important thing to consider when starting your collection is the likelihood that your coins will increase in value. Coin collecting for investment purposes can be a tricky endeavor. There is always the possibility that the coins you buy will include counterfeits, and the coin market can fluctuate even more wildly than other kinds of investment. For these reasons, it is probably wiser for you to focus on building a collection of coins, tokens, or legal tender that you enjoy than to build your collection with an eye on getting a large return on investment. However, high-grade ancient coins, gold coins, Morgan dollars and Walking Liberty half dollars are among the kinds of collections that are most likely to increase in value over time.

The Nursing Mom's Legal Rights

Breastfeeding is a loving and natural way to care for our baby's needs. Studies show the benefits of nursing are tremendous, not only to our baby but to ourselves and in our relationship with our baby. I nursed both my babies, and I loved it. It was the best choice for my babies and for me. Although, I will admit there were some drawbacks.

I am sure you are well aware that breastfed babies as all babies, need to be fed on demand. They will let you know when they are hungry and rather loudly at that. When and where doesn't matter to them they just want fed. Breastfeeding in public IS LEGAL. As a nursing mom we are sometimes made to feel uncomfortable nursing in public places. Cold stares from others in restaurants, snide comments made under their breathe regarding you nursing your hungry baby in public or even worse asked to leave or to feed our babies in the restrooms at public places. Just think of it, would you eat in a public restroom? Why would anyone be so sick as expect us to feed our babies there, any adult certainly wouldn't eat there? But incidents like this do happen. And sometimes we just don't know how to react or respond to some statements.

Beleive me moms, I know how you feel. Then one day, I got MAD! No one has the right to tell me WHEN and WHERE I can feed my baby. I went home and began researching my rights and was amazed at what I found. The internet provides so much helpful and up to date information for us.

There are legal rights that all nursing moms and nursing babies have. We have the right to nurse our babies anywhere they have a right to be. One of the best resources to find out just what your legal rights are in your home state is http://www.lalecheleague.org/LawBills.html Check out the site for information on Breastfeeding Legislation in General, by state and the new Summary of Enacted US Breastfeeing Legislature.

We are doing what is healthiest and best for our babies and we SHOULD NOT be made to feel uncomfortable, embarrased or ashamed of it. BE PROUD. The law is on your side.

Here are just a few other online resources you may want to look further into for more information regarding working moms and your rights, and the National Alliance of Breastfeeding Advocacy should you ever need to report a problem or public incident and more.

http://www.ncsl.org/programs/health/breast50.htm - 50 State Summary of Breastfeeding Laws ,for reporting an incident: http://www.naba-breastfeeding.org/advocate.htm#feedback, http://www.breastfeeding.com/workingmom.shtml , http://www.nursingmotherscounsel.org/workingmoms1.htm for working moms, http://breastfeed.com/resources/articles/bflaw.htm .

There is so much information out there, take advantage of it and get to know your rights so if an incident does occur you will be well equipped to handle the situation. Knowing I had rights gave me the confidence to nurse whenever and wherever my babies needed to eat. I hope it empowers you as well and encourages you to continue doing what is best for your precious little one.