Wednesday, June 30, 2010

Tiger Woods To Pay Wife $750 Million Divorce Settlement

Tiger Woods and Elin Nordegren

The $750 Million Divorce Settlement

Elin Nordegren, the soon to be ex wife of golf legend Tiger Woods, is rumored to get anywhere between $750 million to $833 million in a high publicity divorce settlement. This is undoubtedly one of, if not the most, highest settlement payouts in history. Especially in the case of a divorce.

According to reports, Elin will receive full phyiscal custody of the Woods children, with Tiger having the ability to share in the decision making in their lives. They will share legal custody of the children. The daughter Sam (3 year old) and son, Chalrie (1 year old) will also have to kept away from Tiger's future women. It was also reported that other women maybe allowed to be near the Woods children, should Tiger remarry.

This should all take place at an Orlando County Court, near the couple's residence.

From The Legal Team

According to Zap2It.com, a close family friend of the couple said Elin's legal team has done a great job digging up all sorts of assets. The price of the huge sum is her silence: no interviews, tell-all books, or TV appearances about this for the rest of her life -- even if Tiger dies first -- or she'll lose the lot.

Another source (wusa9.com) quoted a Washington DC divorce attorney Rita Bank: What it tells us is that Tiger is worth at least twice what she received because it wouldn't be unusual for someone to receive 50 percent of the estate. Which of course at $750 million, would put Tiger's net worth at over $1.5 billion! In fact, Forbes has ranked Woods as the most powerful athlete on their most powerful list. Even though he has lost over $30 million in dropped sponsorship earnings in 2010, he has still managed to make $105 million. They also stated that despite his run of recent set backs, he will continue to be the highest paid athlete in the near future.

Friday, June 25, 2010

Glossary | Law Terms "A"

Law Terms That Begin With The Letter "A"
  • Acquittal - A jury verdict that a criminal defendant is not guilty, or the finding of a judge that the evidence is insufficient to support a conviction.
  • Active judge - A judge in the full-time service of the court. Compare to senior judge.
  • Administrative Office of the United States Courts (AO) - The federal agency responsible for collecting court statistics, administering the federal courts' budget, and performing many other administrative and programmatic functions, under the direction and supervision of the Judicial Conference of the United States.
  • Admissible - A term used to describe evidence that may be considered by a jury or judge in civil and criminal cases.
  • Adversary Proceeding - A lawsuit arising in or related to a bankruptcy case that begins by filing a complaint with the court, that is, a "trial" that takes place within the context of a bankruptcy case.
  • Affidavit - A written or printed statement made under oath. Affirmed In the practice of the court of appeals, it means that the court of appeals has concluded that the lower court decision is correct and will stand as rendered by the lower court.
  • Alternate Juror - A juror selected in the same manner as a regular juror who hears all the evidence but does not help decide the case unless called on to replace a regular juror.
  • Alternative Dispute Resolution (ADR) - A procedure for settling a dispute outside the courtroom. Most forms of ADR are not binding, and involve referral of the case to a neutral party such as an arbitrator or mediator.
  • Amicus Curiae - Latin for "friend of the court." It is advice formally offered to the court in a brief filed by an entity interested in, but not a party to, the case.
  • Answer - The formal written statement by a defendant in a civil case that responds to a complaint, articulating the grounds for defense.
  • Appeal - A request made after a trial by a party that has lost on one or more issues that a higher court review the decision to determine if it was correct. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the "appellant;" the other party is the "appellee."
  • Appellant - The party who appeals a district court's decision, usually seeking reversal of that decision.
  • Appellate - About appeals; an appellate court has the power to review the judgment of a lower court (trial court) or tribunal. For example, the U.S. circuit courts of appeals review the decisions of the U.S. district courts.
  • Appellee - The party who opposes an appellant's appeal, and who seeks to persuade the appeals court to affirm the district court's decision.
  • Arraignment - A proceeding in which a criminal defendant is brought into court, told of the charges in an indictment or information, and asked to plead guilty or not guilty.
  • Article III Judge - A federal judge who is appointed for life, during "good behavior," under Article III of the Constitution. Article III judges are nominated by the President and confirmed by the Senate.
  • Assets - [General] Property of all kinds, including real and personal, tangible and intangible.
  • Assume - An agreement to continue performing duties under a contract or lease.
  • Automatic Stay - An injunction that automatically stops lawsuits, foreclosures, garnishments, and most collection activities against the debtor the moment a bankruptcy petition is filed.

Thursday, June 24, 2010

Lawsuit Millionaires | Law Terms A-F

Law Terms A-F
  • Law Terms beginning with "A" -
    • Abstract of Judgment: A written summary of a court judgment stating how much money the losing defendant (the judgment debtor) owes to the person who won (the judgment creditor), the rate of interest to be paid on the judgment amount, court costs, and any specific orders that the losing defendant must obey. The abstract is acknowledged and stamped so that it can be recorded and made official with the government. The purpose is to create a public record and create a lien or claim if necessary on any real property owned or later acquired by the defendant located in the county in which the abstract of judgment is recorded.
    • Actual Damages: In a lawsuit based on one party's injuries, the loss or harm suffered by the injured person, or the specific amounts of money that the person loses as a result of the injuries, including lost wages and medical expenses.
    • Attorney Fee: The payment made to a lawyer for legal services. These fees may take several forms: hourly, per job or service -- for example, $350 to draft a will, contingency (the lawyer collects a percentage of any money she wins for her client and nothing if there is no recovery), or retainer (usually a down payment as part of an hourly or per job fee agreement). Attorney fees must usually be paid by the client who hires a lawyer, though occasionally a law or contract will require the losing party of a lawsuit to pay the winner's court costs and attorney fees. For example, a contract might contain a provision that says the loser of any lawsuit between the parties to the contract will pay the winner's attorney fees. Many laws designed to protect consumers also provide for attorney fees -- for example, most state laws that require landlords to provide habitable housing also specify that a tenant who sues and wins using that law may collect attorney fees. And in family law cases -- divorce, custody and child support -- judges often have the power to order the more affluent spouse to pay the other spouse's attorney fees, even where there is no clear victor.
    • Law Terms beginning with "B" -
      • Bachelor of Laws: A degree in law from a law school, abbreviated to LL.B ("Legum Baccalaureus"), which means that recipient has successfully completed three years of law studies. Most accredited law schools now grant a Juris Doctor (J.D.) degree instead. Law schools that made the switch allowed their LL.B. holders to claim a J.D .retroactively.
      • Bail Bond: A bond that a court accepts in exchange for allowing the defendant to remain at liberty until the end of the case. The defendant pays a certain portion of the bail to a bondsman, usually 10%, and may also have to pledge collateral, such as an interest in real property. The bondsman offers the bond to the court. If the defendant appears at all court dates, the bail will be exhonorated, or ended, but the bondsman will keep the 10%. If the defendant fails to appear for a court hearing, the judge can issue a warrant for his arrest and demand the entire bail. Usually, the bondsman will look for the defendant and bring him back, forcibly if necessary, in order to avoid having to pay the entire bail or selling the collateral to satisfy the bail.
    • Law Terms beginning with "C" -
      • Capital Punishment: The death sentence.
      • Case Law: The law based on judicial opinions (including decisions that interpret statutes), as opposed to law based on statutes, regulations, or other sources. Also refers to the collection of reported judicial decisions within a particular jurisdiction dealing with a specific issue or topic.
      • Chapter 11 Bankruptcy: A type of bankruptcy that allows businesses to reorganize their debt load in order to remain in business.
    • Law Terms beginning with "D" -
      • Date Rape: Forcible sexual intercourse by a male acquaintance of a woman, during a voluntary social engagement in which the woman did not intend to submit to the sexual advances and resisted the acts by verbal refusals, denials, pleas to stop, and/or fighting back. The fact that the parties knew each other or that the woman willingly accompanied the man are not legal defenses to a charge of rape.
      • Defense Attorney: The attorney representing the defendant in a lawsuit or criminal prosecution. Attorneys who regularly represent clients in civil lawsuits are often called "plaintiffs' attorneys."
      • Digital Millennium Copyright Act: A federal statute that addresses a number of copyright issues created by the use of new technology and the Internet including digital rights management (methods for stopping infringement), and certain rights and privileges (safe harbors) that protect Internet Service Providers.
    • Law Terms beginning with "E" -
      • Earnest Payment: A partial payment (deposit) demonstrating commitment in a contractual relationship, and commonly made in real estate transactions. The remainder of the payment is due on a particular date or after a particular event has occurred. The seller keeps the earnest money if the buyer fails to make timely payment in full (or if there is a similar breach of the agreement).
      • Embezzlement: The crime of stealing the funds or property of an employer, company, or government or misappropriating money or assets held in trust.
      • Emergency Protective Order: Any court-issued order intended to protect a person from harm or harassment. An emergency protective order is issued by the police, when court is out of session, to prevent domestic violence. Most emergency protective orders are stopgap measures that last only for a weekend or holiday, after which the abused person is expected to seek a temporary restraining order (TRO) from a court.
    • Law Terms beginning with "F" -
      • Fair Credit Reporting Act (FCRA): A federal law that regulates the use and content of credit reports to protect consumer privacy and ensure the accuracy of the information they contain. The FCRA restricts the information that may be included in a credit report, limits who may request a credit report and how the report may be used, and requires credit reporting agencies and those who use credit reports (such as employers and landlords) to follow specified procedures in dealing with consumers.
      • Family Court: A separate court or a separate division of the regular state trial court, that considers only cases involving family-related issues, which could include divorce, child custody and support, guardianship, adoption, and the issuance of restraining orders in domestic violence cases.
      • Felony: A serious crime (contrasted with less serious crimes such as misdemeanors and infractions), usually punishable by a prison term of more than one year or, in some cases, by death. For example, murder, extortion, and kidnapping are felonies; a minor fist fight is usually charged as a misdemeanor, and a speeding ticket is generally an infraction. In some states, certain crimes (known as wobblers) may be charged as both a misdemeanor and a felony, and the eventual designation depends on the defendant's ability to fulfill the conditions of his sentence.
      • FYLSE: Stands for First-Year Law Students' Examination and is also known as the "Baby Bar." A California exam, given twice a year that is based on a subset of the regular bar, but only covers Torts, Contracts, and Criminal law.

    Lawsuit Millionaires | Law Terms G-L

    Law Terms G-L
    • Law Terms beginning with "G" -
      • Garnishment: A court-ordered procedure for taking money or property from someone to satisfy a debt. For example, a debtor's wages might be garnished to pay child support, back taxes, or a lawsuit judgment.
      • Grand Larceny: The crime of theft of another person's property over a certain value set by state law (a specific dollar amount decided by the court). It is distinguished from petty (or petit) larceny, which is the theft of property that is lesser in value. Some states recognize only the crime of larceny, but have both misdemeanor larceny (punishable by imprisonment in a local jail and a fine) and felony larceny (punishable by state prison time).
      • Guilty: In a criminal case, the admission by a defendant that he has committed a charged crime, or the finding by a judge or a jury that the defendant has committed the crime.
    • Law Terms beginning with "H" -
      • Hiring Firm: Commonly refers to a business that hires one or more independent contractors. Unlike an employer, a hiring firm does not have to withhold tax, contribute to Social Security and Medicare, or provide workers compensation for an independent contractor, nor does it have to follow a variety of employment laws that prohibit discrimination, impose wage and hour obligations, or require time off.
      • Homicide: The killing of one human being by the act or omission of another. The term applies to all such killings, whether criminal or not. Homicide is noncriminal in a number of situations, including deaths as the result of war and putting someone to death by the valid sentence of a court. Killing may also be legally justified or excused, as it is in cases of self-defense or when someone is killed by another person who is attempting to prevent a violent felony. Criminal homicide occurs when a person purposely, knowingly, recklessly, or with extreme negligence causes the death of another. Murder and manslaughter are examples of criminal homicide.
    • Law Terms beginning with "I" -
      • Implied Warranty of Merchantability: A warranty implied by law that property is fit for the ordinary purpose for which it is used.
      • Impound: In a criminal proceeding, when the court or police take possession of personal property. The property may be returned to the owner at the end of the proceeding or it may be forfeited to the state (e.g. in the instance of a controlled substance).
    • Law Terms beginning with "J" -
      • Joint Defendant: One of two or more defendants charged with the same crime or sued in the same claim.
      • Judicial Foreclosure: A foreclosure in which the foreclosing party files a lawsuit in the county where the real estate is located, seeking a court judgment allowing the property to be sold at a foreclosure sale because the owner has defaulted on mortgage payments. A few states use what are called strict foreclosures, which let the judge order ownership of the property transferred to the foreclosing party without a sale. Judicial foreclosures commonly take much longer than nonjudicial ones.
      • Juris Doctorate: Upon successful completion law school, a student will receive a degree called a Juris Doctorate.
    • Law Terms beginning with "K" -
      • Kangaroo Court: Slang for a court that operates unjustly or with unfair bias.
    • Law Terms beginning with "L" -
      • Legal Cause: A cause that produces a direct effect, and without which the effect would not have occurred.
      • Legal Services: The work performed by a lawyer for a client.
      • Legal Tender: Currency that is issued by a government. Checks, credit cards, and other non-cash payments are generally not legal tender.

    Wednesday, June 23, 2010

    Lawsuit Millionaires | Law Terms M-R

    Law Terms S-Z
    • Law Terms beginning with "M" -
      • Magna Carta: An historical document from England that helped establish common law and statutes [it is a founding document] of the law as we know it today. When King John reluctantly signed it in 1215, it was essentially a document for the nobility; however it became the basis of modern individual rights.
    • Law Terms beginning with "N" -
      • Nonprobate Transfer: The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including (in some states) property left to a surviving spouse and property left outside of a will through probate-avoidance methods such as pay-on-death designations, joint tenancy ownership, living trusts, and life insurance. Property that avoids probate is sometimes described as the nonprobate estate.
    • Law Terms beginning with "O" -
      • Obstruction of Justice: An attempt to interfere with the administration of the courts, the judicial system, or law enforcement officers, including threatening witnesses, improper conversations with jurors, hiding evidence, or interfering with an arrest. Such activity is a crime.
    • Law Terms beginning with "P" -
      • Partial Disability: The result of an injury that permanently reduces a worker's ability to function, but still permits the worker to do some gainful activity.
    • Law Terms beginning with "Q" -
      • Question of Law: An issue arising in a lawsuit or criminal prosecution which only relates to determination of what the law is, how it is applied to the facts in the case, and other purely legal points in contention. All "questions of law" arising before, during, and sometimes after a trial are to be determined solely by the judge and not by the jury.
    • Law Terms beginning with "R" -
      • Residuary Beneficiary: A person who receives any property by a will or trust that is not specifically left to another designated beneficiary. For example, if Antonio makes a will leaving his home to Edwina and the remainder of his property to Elmo, then Elmo is the residuary beneficiary.

    Friday, June 18, 2010

    Lawsuit Millionaires | Law Terms S-Z

     Law Terms S-Z
    • Law Terms beginning with "S" -
      • Settlement:
        1. The resolution of a dispute or lawsuit.
        2. The distribution of property and wrapping up of a decedent's affairs by the executor.
        3. Payment or adjustment. For example, a debtor might settle an account by paying the full amount owed, or an insurance company might settle a property damage claim by paying the insured for the covered damage.
        4. The transfer of real property from the seller to the buyer; closing.
    • Law Terms beginning with "T" -
      • Tax Court: A federal court which hears taxpayers' appeals from decisions of the Internal Revenue Service. Tax courts hear taxpayer appeals "de novo" (as a trial rather than an appeal), and taxpayers do not have to pay the amount claimed by the IRS before their case is heard by the tax court. Tax court decisions may be appealed to the Federal District Court of Appeals.
      • Tort Law: A civil wrong other than a breach of contract. Tort usually refers to the causing of damage to property or to a person's reputation, or harm to a person's commercial interests.
    • Law Terms beginning with "U" -
      • Unbundled Legal Services: The provision of legal services by an attorney who does not represent the client or take over the entire case, but performs specific services such as appearing at one hearing, preparing a legal brief, or negotiating a settlement after the client has prepared the case as a self-represented party. Most common in divorce cases.
    • Law Terms beginning with "V" -
      • Vigilante: Possibly my favorite form of justice. Someone who takes the law into his or her own hands by seizing someone and attempting to convict and punish the supposed criminal.
    • Law Terms beginning with "W" -
      • Weight of Evidence: The strength, value, and believability of evidence.
      • Wrongful Death: The taking of the life of an individual resulting from the willful or negligent act of another person or persons.
    • Law Terms beginning with "X" -
    • Law Terms beginning with "Y" -
      • Yellow-Dog Contract: It sounds like a "yellow-dog contract" is unenforceable. It's an agreement in which an employer forbids an employee to join a labor union.
    • Law Terms beginning with "Z" -
      • Zoning Law: Laws issued by local governments to regulate the size, type, structure, and use of land or building in designated areas. These laws divide the cities into district areas according to use. For instance, single-family homes, commercial establishments, and industrial plants.

    Thursday, June 10, 2010

    Lawsuit Millionaires | Wrongful Death

    Hearse
    Wrongful Death Lawsuit

    Lately, I've been reading articles relating to lawsuits and whatnot, finding topics of interest for me to write about here. Every now and then a word (or term) comes up that I don't know. Or worse yet, sounds like you know, when you don't know exactly what it means. So, starting with this post, I'll be adding a glossary of law terms to this blog. It should prove helpful for me, and for readers. Today's term is (obviously), Wrongful Death.

    Wrongful Death - (Also known as Wrongful Death Action or Wrongful Death Claim)

    Wrongful Death, is pretty much just like it sounds. One person is at fault (wrongfully - is it ever considered right?) for the death of another. Here's the interesting tidbit: The victim’s survivors are entitled to monetary damages as a result of the improper conduct.


    Dictionary.Law.Com says:
    Wrongful death is the basis for a lawsuit (wrongful death action) against the party or parties who caused the death filed on behalf of the members of the family who have lost the company and support of the deceased. Thus, a child might be entitled to compensation for the personal loss of a father as well as the amount of financial support the child would have received from the now-dead parent while a minor, a wife would recover damages for loss of her husband's love and companionship and a lifetime of expected support, while a parent would be limited to damages for loss of companionship but not support.

    A wrongful death claim generally consists of four elements: (1) the death was caused, in whole or part, by the conduct of the defendant; (2) the defendant was negligent or strictly liable for the victim’s death; (3) there is a surviving spouse, children, beneficiaries or dependents; and (4) monetary damages have resulted from the victim’s death. - FreeAdvice.com

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