The Court Of Public Opinion

My mom told me she has a living will. That way she’s going to avoid probate

I can’t tell you how many times I’ve heard this when a new person finds out I was a living trust lawyer.

They go on to say, She got one of those forms at the seniors’ center. You know, the one she can fill out herself. They even witnessed it for her.

I hate it when this comes up, because I have to set the record straight, I have to let the person know that a living will and a living trust are two different instruments that serve two different purposes.

One, the living will, is your statement that If I am terminally ill or mortally injured (I’m using simple language here to get the point across), then don’t hook me up to life support that will never return me to life. It’s the issue that’s currently being fought in Florida, with Governor Bush signing a law to keep a woman alive over her family’s wishes and a court ruling.

Her living will has nothing to do with avoiding probate. It is a health care document. Really it should be called a death desire, but our society can’t handle that bluntness.

A living trust, on the other hand, IS a probate avoiding document.

Basically, probate is used to transfer property you own when you die. If you have a will, your executor uses the probate court to carry out the terms of your will. If you die without a will, the laws of your state has statutes that describe where your property goes and who is in charge of getting it there.

So, if you don’t own any property when you die, then (generally…there are always exceptions) there is no need for probate.

This is where the living trust steps in. It called a living trust because it is created while you are living.

When you create a trust, you transfer title to your property to the trustee of the trust. You, as an individual, no longer own the property.

So, if you die, no probate is needed (remember, there are always exceptions), since YOU don’t own the property. The property is owned by the trustee of the trust. The trust instrument instructs him/her on what to do with the property upon your death.

A living trust is a LOT more complicated to set up and maintain than a living will. They accomplish different tasks.

So, when you hear that a loved one has a living will to avoid probate, it might be smart to ask a few questions.

Good luck and until next time,

Phil Craig

P.S. Feel free to forward this on to any friends.

Phil Craig, All Rights Reserved

Phil Craig is a licensed attorney and entreprenuer. He started practicing law at age 25 in 1979. He does not take on any more clients, but is advisor to some of the biggest names in the internet world. He shares his knowledge gained over the last 25 years at his Living Trust Secrets newsletter site: click here=========>http://www.LivingTrustSecrets.com

** Attn Ezine editors / Site owners ** Feel free to reprint this article in its entirety in your ezine or on your site so long as you leave all links in place, do not modify the content and include our resource box as listed above.

If you do use the material please send us a note so we can take a look. Thanks.

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My mom told me she has a living will. That way she’s going to avoid probate

I can’t tell you how many times I’ve heard this when a new person finds out I was a living trust lawyer.

They go on to say, She got one of those forms at the seniors’ center. You know, the one she can fill out herself. They even witnessed it for her.

I hate it when this comes up, because I have to set the record straight, I have to let the person know that a living will and a living trust are two different instruments that serve two different purposes.

One, the living will, is your statement that If I am terminally ill or mortally injured (I’m using simple language here to get the point across), then don’t hook me up to life support that will never return me to life. It’s the issue that’s currently being fought in Florida, with Governor Bush signing a law to keep a woman alive over her family’s wishes and a court ruling.

Her living will has nothing to do with avoiding probate. It is a health care document. Really it should be called a death desire, but our society can’t handle that bluntness.

A living trust, on the other hand, IS a probate avoiding document.

Basically, probate is used to transfer property you own when you die. If you have a will, your executor uses the probate court to carry out the terms of your will. If you die without a will, the laws of your state has statutes that describe where your property goes and who is in charge of getting it there.

So, if you don’t own any property when you die, then (generally…there are always exceptions) there is no need for probate.

This is where the living trust steps in. It called a living trust because it is created while you are living.

When you create a trust, you transfer title to your property to the trustee of the trust. You, as an individual, no longer own the property.

So, if you die, no probate is needed (remember, there are always exceptions), since YOU don’t own the property. The property is owned by the trustee of the trust. The trust instrument instructs him/her on what to do with the property upon your death.

A living trust is a LOT more complicated to set up and maintain than a living will. They accomplish different tasks.

So, when you hear that a loved one has a living will to avoid probate, it might be smart to ask a few questions.

Good luck and until next time,

Phil Craig

P.S. Feel free to forward this on to any friends.

Phil Craig, All Rights Reserved

Phil Craig is a licensed attorney and entreprenuer. He started practicing law at age 25 in 1979. He does not take on any more clients, but is advisor to some of the biggest names in the internet world. He shares his knowledge gained over the last 25 years at his Living Trust Secrets newsletter site: click here=========>http://www.LivingTrustSecrets.com

** Attn Ezine editors / Site owners ** Feel free to reprint this article in its entirety in your ezine or on your site so long as you leave all links in place, do not modify the content and include our resource box as listed above.

If you do use the material please send us a note so we can take a look. Thanks.

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Becoming a lawyer in todays society is a noble goal to undertake. There are many jokes about lawyers that we all have heard, but the truth is, it takes a lot of work to become a an attorney. Pursuing a career as an attorney allows one to experience the gift of helping people in ways that most people are unable to. If your heart ever goes out to struggling individuals legal battles, then this career may just be for you.

To get into law school, you must first have an undergraduate degree from an accredited institution. Unlike Medical school, there is not really a certain type of major that is required at this time of writing. Some may major in pre-law which focuses on the government, criminal justice and aspects of politics. But it would be perfectly fine to major in math or history. As long as your GPA is high enough to get into the college and your score well on the LSAT, then you increase your chances of getting into this field. Depending on what type of law you decide to study and the school you go to, requirements for your GPA will be different. For example, in you decide to go to Harvard Law School; your competition will be fierce because most of the people applying will have 4.0 GPAs. On the other hand, if you decide to go to a law school in Hawaii, the GPA requirements will be lower because most people will be trying to go to more recognized law schools. This is not to say that non Ivy League schools will not offer a wonderful education for any individual who is focused and determined. For example, the late Johnny Cochran did not got Harvard or Yale, but received his law degree from Loyola University School of Law in 1962. In 1977 he was named Criminal Trial lawyer of the Year. Cochrane later became one of the most sought after attorneys of his time.

Another point to mention is cost. Cost varies greatly depending on the affluence of the school. The tuition at Harvard is quoted on their website at 35,000 per year with an estimated 21,000 a year for living expenses. A law school in Hawaii is around 10,500 per year. Idaho is reported as one of the lowest with tuition cost of 6,700 per year. However, with inflation these costs are increasing each year. The Law college experience lasts three years currently. After this opportunities open up for Private Practice, Corporate Law, Military and teaching, just to name a few. This is an immense field and again, can offer some very rewarding experiences in your life if you choose to pursue this career.

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In this article, we shall study what types of intentional hurts as defined in Pakistan Penal Code 1860 and punishment provided for these hurts? What is punishment provided for these offences? How much amount of arsh has been provided for these hurts, and other compensation provided in form of Daman to victim? What types of hurts are liable to qisas and who can waive the right of qasis against the offenders? What are punishment are available for inflicting hurts without intention and by rash act or omissions.

Hurt
Under subsection 1 of section 332 has defined the hurt, ..whoever causes pain, harm, diseases, infirmity or injury to any person or impair disable or dismember any part of the body thereof of any person without causing his death, is said to have committed. The clause (a) to (e) subsection 2 of section 332 has kinds of hurts and these are Itlaf-i-udw, Itlaf-i-Salahiyyat-i-udw, Shajjah, Jurh and other kinds of hurts. The detail of the provisions are enunciated in section 333 to 337 has defined these hurts.

Itlaf-i-udw
The section 333 have defined the itlaf-i-udw, ..whoever dismember, ampulate, sever any limb or organ of the body of another person is said to cause Itlaf-i-udw and imprisonment for such hurt is liable to qasis and tazir for period of ten years as imprisonment. The detail of the punishment has defined in section 334 of PPC, 1860 which provides that the execution of the qasis shall not be enforced after consultation of authorized medical officers. The offender shall also be liable to pay the amount of arsh as compensation to the injury caused to the offender.

Salahiyyat-i-udw
The section 335 has defined the Salahiyyat-i-udw, … whoever destroy the or permanently impair the functions, power or capacity of an organ of the body of another person or causes permanently disfigurement is said to cause Salahiyyat-i-udw. The punishment for such injuries is liable to qasis and punishment in tazir up to ten years. The detail conditions for execution as qasis are provided in section 336 of PPC, 1860. The qasis shall be executed after consultation of medical officer according to the principal and injunction provided in Islam and offender can be liable to arsh as compensation for injury inflicted on the victim.

Shajjah
Under subsection 1 of section 337 says that whoever causes any hurt on face or head which does not amount to Itlaf-i-udw or Salahiyyat-i-udw said to have committed the Shajjah. The subsection 2 of same section has classified the types of the shajjah, and section 3 has defined these types of shajjah and punishment is provided in section 337A of Pakistan Penal code 1860.

(i)Shajjah-i-Khafifah
The clause (i) subsection 3 of section 337 PPC defines the shajjah-i-khafifah, whoever cause hurt to any person without exposing bone of the victim and the punishment for shall be liable to daman and also liable to imprisonment as tazir under clause (i) of section 337A of PPC 1860.

(ii)Shajjah-i-Munihah
The clause (ii) subsection 3 of section 337 PPC provide the detail of shajjah-i-munihah of hurt which expose the bone of the victim is said to have caused the shajjah-i-munihah. The punishment for the shajjah-i-hashimah is liable to qasis and if the offender is not liable to qasis, then the offender shall be liable pay arsh which shall be five percent of diyat under clause (ii) of section 337A of PPC 1860 for commission of such hurts.

(iii)Shajjah-i-hashimah
The clause (iii) subsection 3 of section 337 PPC provide the definition of shajjah-i-hashimah, whoever cause hurt which fractures of the bone said to have committed Shajjah-i-hashimah, the punishment for causing the hurt shall be liable to arsh and ten percent of diyat and imprisonment as tazir. The clause (iii) of section 337A of PPC 1860 provides the detail of the punishment provided for commission of such offences.

(iv)Shajjah-i-munaqillah
The clause (iv) subsection 3 of section 337 PPC has enunciated definition of shajjah-i-munaqillah of injuries of the bone which hurt fracture the bone and its dislocation. The clause (iv) of section 337A of PPC 1860 provides the detail of the punishment provided for commission of such offences. The punishment for shajjah-i-munaqillah shall be fifteen of diyat and ten years as tazir, the punishment of this type of hurt is one-third of value of diyat and fourteen years as tazir.

(v)Shajjah-i-ammah
The clause (v) subsection 3 of section 337 PPC has defined of shajjah-i-ammah of injuries which the dislocation bone and injury touch the membrance of the bone is said to have committed the shajjah-munaqillah. The punishment for the shajjah-i-ammah is arsh, one-third of value of diyat and tazir for fourteen years of imprisonment, as provided in clause (v) of section 337A of PPC 1860.

(vi)Shajjah-i-damighah
The clause (vi) subsection 3 of section 337 PPC has defined of shajjah-i-ammah whihc rupture of the membrane of the skull. The clause (vi) of section 337A of PPC 1860 has provide the punishment the shajjah-i-damighah is one-half of diyat and fourteen years as imprisonment in tazir,

Jurh
The subsection 1 of section 337B has defined the Jurh, whoever cause any hurt other than head or face, hurt which leave any mark whether temporary or permanent said to have committed the jurh. The subsection have classified the jurh in two classes, jaifah and Ghayr-jaifah. The jaifah has been defined in the 337C whoever causes Jurh in which the injury extends to the body cavity of the trunk is said to have committed Jaifah. The section 337D have defined the Ghayr-jaifah which causes jury which are not amount to Jaifah is cause Ghayr-jaifah. There is various type of Ghayr-jaifah has been defined in subsection 2 and 3 of section 337E and its punishment is provided in section 337F of Pakistan Penal code 1860.

(i)Ghayr-jaifah damiyah
The clause (i) of section (3) of section 337E has defined the ghayr-jaifah damiyah is type of hurt hurt which rupture the skin and bleeding occurs. The liability for the type of injury cause with intention and knowledge is Daman and punishment as tazir up to one year as provided in clause (i) section 337F of PPC 1860.

(ii)Ghayr-jaifah badiah
The clause (ii) of subsection (3) of section 337E has provide the definition of hurt which cut the flash but dont expose the bone said to have committed the ghayr-jaifah badiah and clause (ii) section 337F of PPC 1860 has placed the liability on the offender of badiah to payment of daman and three year imprisonment as tazir is liable as daman and punishment for this type is provided as tazir five years.

(iii)Ghayr-jaifah Mutalahimah
The clause (iii) of subsection (3) of section 337E has enunciated the definition of the hurts which lacerlate the flash said to have committed the Ghayr-jaifah Mutalahimah, is also liable to daman and three year imprisonment. The is also liable to daman and power have given to court to award the punishment according to the gravity of injury up to three years under clause (iii) section 337F of PPC 1860.

(iv)Ghayr-jaifah mudihah
The clause (iv) of subsection (3) of section 337E has provided that Any injury which cause the exposes the bone said to have committed the Ghayr-jaifah mudihah is liable to daman and liable to five years tazir. The said act is punishable under clause (iv) section 337F of PPC 1860.

(v)Ghayr-jaifah hashimah
The clause (v) of subsection (3) of section 337E has defined the injury which fractures the bone and without dislocates it said to have committed the Ghayr-jaifah hashimah. The clause (v) section 337F of PPC 1860 has placed the liability on offender for commission of such offences liable to pay damand and imprisonment for five years.

(vi)Ghayr-jaifah munaqqillah
The clause (vi) of subsection (3) of section 337E, any injury which cause bone fracture and dislocate it said to have committed the Ghayr-jaifah munaqqillah, and liable for daman and seven year imprisonment as tazir under penal provisions of the clause (vi) section 337F of PPC 1860.

Punishment for hurts for intentional hurts
The punishment for hurt which are caused with intention are liable to punishment as qasis, diyat, daman and tazir. The brief description is given below.

Qasis
Each hurt is liable to Qasis if it is committed with intention and knowledge that it will go to cause hurt to person. The offender shall be punished with each disability caused to victim in same manner. The punishment for hurts has defined in sections 334, 336,337A, 337D, 337F.

Arsh
The arsh means monetary compensation awarded to the victim by offender by order of court, the detail of the amount of compensation have provided in section 337Q to 337X. The section 337Q to 337S prescribed the value of the arsh for causing itlaf if an organ which is found singly in a human body shall be equivalent to full value of the diyat. The arsh for organ of human body which are in pair shall be one half of the value of diyat and arsh for organ which are quadruplicate shall be equivalent to one fourth of the diyat. The value of the arsh for fingers shall be one tenth of diyat and teeth one-twentieth of diyat for one tooth, and value of the arsh have been defined in section 337V. The section 337W have prescribed that value of hurt shall be liable for each hurt. The section 337X has defined the method of payment either made in installment and failure to pay that amount could be punished in tazir by the order of the court.

Daman
The section 337Y have given the discretionary power to court to award compensation to victim and value of compensation is determined by the court keeping in view the expenses incurred by the victim in treatment and anguish and disability caused to the victim.

Hurts not caused with intention or knowledge Under subsection 1 and 2 of section 337H whoever causes hurt by rash or negligent shall be punished for arsh and Daman also liable to imprisonment as Tazir for either description of term which may be extended over to three years. The section 337I have provided the condition for causing injury mistake shall be punished Arsh or daman specified kind of hurt.

Hurt not liable to Qasis
The hurt shall not be liable to Qasis following cases, when the offender is minor or insane or the offender, secondly when the offender himself have suffered the injured caused by the victim, when the offender have caused Itlaf-i-udw of physically imperfect organ of the body, and finally when the organ liable to Qasis is missing in offender.

Case in which Qasis shall not be enforced The Qasis for hurt shall not be enforced in following cases, first condition in which the case shall not be enforced when offender dies before the execution of the Qasis, when the organ of the offender liable to Qasis has been lost, thirdly when the offender waive his Qasis or compound the offence with Badal-i-Sulh, when the right of Qasis have devolve in the person who has no right of Qasis against the offender.

Wali in hurt case
The section 337O has defined the type of legal heir against the qasis of hurt, first the victim, second the legal heir when the victim dies before the execution of qasis not as consequence of that hurt and finally the government.

Execution of Qasis for hurt
Under section 337P of PPC 1860 qasis shall be executed in public by authorized medical officer who has the duty to examine the offender to make sure that the execution of the qasis shall not cause the death of the offender, the presence of the wali is important condition for execution of the qasis, and the if the offender is woman then the qasis shall not enforced after expiry of two years from time of birth of child.

Summary
In this paper we have studied detail provisions in Pakistan penal code 1860 regarding the injuries caused to the victim by offender. The each type of injury caused to victim by offender is liable to qasis, arsh, daman and tazir according to the terms and conditions and principal provided in Islam injunction. There are certain injuries which are liable to Qasis and Arsh and other are such are liable to Daman and Tazir keeping in view the gravity and seriousness of the injury caused. The execution of the qasis shall not be enforcing without consultation of authorized medical officer in presence of victim in consistency with the injunction of Islam.

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You need to hire a personal injury lawyer if you suffer an injury that results in significant damages. But in any given city, there are probably over 20 pages of personal injury attorney listings in the phone book. How do you pick the right one? What do you look for? What questions should you ask?

Here are 7 things you should know before hiring your injury lawyer…

1) The sooner you hire your lawyer the better. Begin looking for your personal injury lawyer within a week or two after your accident. If you’re not physically capable you should have a friend or loved-one start looking. The sooner you start building your case the better.

2) Hire a personal injury lawyer that specializes in your specific type of injuries. Do your homework before signing the retainer agreement. Visit the firm’s website and read up on it’s history and each lawyer’s biographical information. Ask the lawyer for some referrences and ask how much experience they have in handling cases with similar injuries. What settlement awards did they get in those cases?

3) Have a face-to-face meeting with your prospective lawyer. Your personal injury lawyer is going to be your closest advisor during this difficult time. You must feel comfortable and trust your lawyer. The only way you’ll get a feel for the lawyer is by having a sit-down to discuss your case. Any good personal injury lawyer will give you an initial consultation free of charge.

4) Hire a lawyer that will take your case on a contingency fee basis. This means that your lawyer won’t get paid unless you get paid. He will take his fee out of the money you receive for your injuries. You can expect your lawyer to take about 33% of your final settlement - that’s after expenses are taken off the top. Make sure you clearly understand the payment structure before you sign the retainer agreement.

5) Beware of ambulance chasers. The goal of these lawyers is to get lots of minor personal injury cases and settle them quickly - they make their profit from high turnover. So naturally they won’t put as much time and effort into each case as they should. (If you’re looking for a quick settlement be prepared to accept less than what your case is really worth.)

6) Hire a lawyer with a good Martindale-Hubbell rating. This service evaluates lawyers in the U.S. and Canada based on peer review. Their website, Martindale.com has a helpful lawyer locator service and will explain the rating system.

7) Always be completely open and honest when discussing your case with a lawyer. Tell the lawyer as much as you can about what happened. Try to remember every detail. Any documentation and pictures you have of your injuries and treatment will be a big help when evaluating your case.

Bonus Tip:

NEVER give a recorded statement to a representative from any insurance company until you’ve consulted a lawyer. When the rep. asks for one simply say, I’m not prepared to give a statement at this time. A recorded statement can be used as evidence and if you’re not prepared you might overlook important details. Anything you miss (or misrepresent) can be used against you in settlement negotiations and in the trial.

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Chapter 11 bankruptcy lawyers are experienced, skilled, and knowledgeable in the area of Chapter 11 bankruptcy law of the United States Bankruptcy Code. They assess your financial situation thoroughly and make recommendations based on your special needs and goals.

Also referred to as business reorganization bankruptcy, Chapter 11 bankruptcy is possibly the most complicated and lengthy type of bankruptcy. It allows the company management (the debtor) to continue to run the day-to-day business operations and reorganize its financial affairs. But the bankruptcy court must approve all major company decisions.

If you are considering filing for Chapter 11 bankruptcy, there are many things that you should consider. The first step to take is to contact a reputable Chapter 11 bankruptcy lawyer, because filing bankruptcy is a step that could have an unfavorable effect on your business, particularly if your bankruptcy is not handled suitably. Since Chapter 11 bankruptcy falls under federal law, consulting a lawyer is very useful for those unfamiliar with the complications of federal law.

Most lawyers give you a free initial consultation to review your financial situation and offer legal advice on the best course of action. Generally, Chapter 11 requires the lawyer to represent you for up to five years. On your first visit to the lawyer’s office, you should bring a list of everyone that you owe. This list should include all medical bills, taxes, credit cards, and personal loans. The better the information that you give to your Chapter 11 lawyers, the better their advice will be.

Finding a Chapter 11 bankruptcy lawyer is a very easy process. The most common way to choose a lawyer is from a referral. These recommendations usually come from family, friends, or professional affiliations. Selecting an attorney from the Internet or yellow pages is also a good option.

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