Kansas Attorneys

First Biennial Report to the Governor, September 1, 1878

Kansas Attorneys — Mon, 07 Mar 2011 12:14:59 +0000

First Biennial Report to the Governor, September 1, 1878

Cameras to be allowed in Raytown homicide trial

Kansas Attorneys — Mon, 07 Mar 2011 12:11:59 +0000

Cameras to be allowed in Raytown homicide trial
Over the objections of prosecutors and defense attorneys, a judge ruled Friday that he would allow cameras in the courtroom when Gevante Anderson goes on trial March 14 in Independence. Anderson is accused of killing four persons, including two young brothers, two years ago in a Raytown apartment.

Published Mar 4, 2011.
Read more: The Kansas City Star

Can I Get a Prenup in Thailand? Yes, But Make Sure it is a Good One

Kansas Attorneys — Mon, 07 Mar 2011 12:06:59 +0000

Not being an expert in Thai contract law I decided to look at what effect is given to prenuptial agreements in Thailand. I found that generally speaking, so long as the Prenuptial agreement is registered at the time of the marriage the courts in Thailand will uphold the agreement PROVIDED IT DOES NOT CONTRAVENE THE LAWS OF THE KINGDOM OF THAILAND. This can be a real problem as things that we may take for granted in the United States could be expressly forbidden under Thai law. I will not go into specifics here, but will only go so far as to say that if I were creating a prenuptial agreement I would be rather hesitant to have a Thai judge adjudicating its validity.

KEEPING THE PRENUPTIAL AGREEMENT BALL IN YOUR COURT IN THAILAND

There is one major way of dealing with this issue and that is a choice of law provision. Essentially a choice of law provision is a section in an agreement in which the parties (you and your Thai fianc?or spouse) agree to have the agreement governed by the laws of a certain jurisdiction. This means that if you and your fiancee/spouse sign a prenuptial agreement that says the laws of the State of New York USA shall govern this agreement, then no matter where you or your Thai fianc?spouse decide to go to court the laws of the State of New York shall govern. Using this example say the two parties get divorced in Kansas and the Pre-nuptial Agreement has a choice of law provision that states that the laws of New York shall govern the agreement. In this case the Kansas Court MUST use the laws of New York just as if they were in New York when deciding how to interpret the prenuptial agreement and divide the assets from the marriage.

WHAT STANCE DO THAI COURTS TAKE ON CHOICE OF LAW CLAUSES?

As per the Thai Conflict of Laws Act of B.E. 2481 (1938): “The question as to what law is applicable to the essential elements or effects of a contract is determined by the intention of the parties thereto.” So if you and your Thai fianc?spouse make a provision in a prenuptial agreement that expressly states what law will govern the agreement, then said law will govern.

This means that if you and your Thai fianc?or wife draft and endorse a Prenuptial agreement with a Choice of Law provision, then said provision should be upheld by the Thai Courts. So if you specify that the Law of the State of New York shall govern the agreement then the Thai Courts will NOT USE THAI LAW TO INTERPRETE AND GOVERN THE AGREEMENT, BUT INSTEAD USE THE LAW OF THE STATE OF NEW YORK. A choice of law provision can be a very advantageous addition to a Prenuptial Agreement because it allows the non-Thai spouse the benefit of having his or her home law govern the Agreement, this can be of great advantage because the non-Thai spouse often cannot read Thai and is unfamiliar with Thailand’s legal system (which is in some ways very different from the legal system in common-law countries).

USING CHOICE OF FORUM PROVISIONS TO CHOOSE WHERE THE THAI PRENUPTIAL AGREEMENT SHALL BE AJUDGED.

Also an agreement can stipulate a choice of forum provision (forum being the jurisdiction where the case will be judged) provided the governing law allows for choice of forum provisions. This can be advantageous because it takes the case completely out of Thailand and into the Forum of the Parties choosing. Using the example above, the parties have chosen New York law to govern and have chosen New York as the Forum state, but the Thai spouse brings a proceeding in Thailand. All the American spouse needs to do is go to court and make a motion to have the case dismissed because the forum is improper based upon the fact that the parties agreed in the in the prenuptial agreement to use New York Law and have the State of New York as the forum for all disputes arising from the agreement. If the law of the State of New York upholds choice of forum provisions then it stands to reason that the Thai court will dismiss the case citing New York as the proper forum for adjudication.

Thanks for reading,

Benjamin W. Hart, Esq.

The information imparted herein is intended for informational use only and should not be used as a replacement for competent legal advice from a professional.

Originally published here.

anonymous

One Kansas Farmer: A Kansas Number Book (Count Your Way Across the USA)

Kansas Attorneys — Mon, 07 Mar 2011 12:04:59 +0000

One Kansas Farmer: A Kansas Number Book (Count Your Way Across the USA)

Topeka Wichita Kansas City KS Truck Accident Lawyer Attorney

Kansas Attorneys — Mon, 07 Mar 2011 11:59:59 +0000

www.truckaccidentlaw.tv The truck accident attorneys at Gordon & Elias LLP will assist clients throughout Kansas in 18 Wheeler / Semi Truck accidents. Call 1-800-773-6770

Thomas Ping

Kansas Attorneys — Mon, 07 Mar 2011 11:57:59 +0000

Picture taken by jajacks62 on 2004-10-17 09:42:20.

Things You Need To Know Before Seeking Help From A Lawyer

Kansas Attorneys — Mon, 07 Mar 2011 11:55:59 +0000

‘A lawyer’s time and advice are his stocks in trade’ said Abraham Lincoln. How true! Lawyers are professionals trained to give you or your company valuable advice on matters of law. Plainly speaking they tell you what you can and what you can’t do. Many a times they are also used to defend you if have already done something, that the law keepers think you shouldn’t have done. A major part of the job involves research-research on the current legislations, research on the case laws, research on the recent citations etc.

Law practically touches every aspect of your life, from birth to death. That probably explains the different categories of lawyers. Went through an accident? Did you suffer a dog bite and want to file a Personal Injury Claim? Filing for a Divorce? Need counsel on child custody rights? Consult a lawyer who specializes in family law. Want someone to help you draft a contract or a will? Got a problem with your landlord, who backed out on the agreement? There’s always a lawyer specialized in civil law to help you out. Wrongly charged for a crime? Don’t know the whereabouts of your loved one, and planning to file a Habeas Corpus? Are you in trouble? Consult a Kansas City Criminal Attorney.

Apart from these, you have DUI Attorney / DWI Lawyer, bankruptcy lawyer, compensation lawyer, defense lawyer, divorce lawyer, fraud lawyer, insurance lawyer, medical malpractice lawyer, social security lawyer, software lawyerâ€¦.phew! The list is endless! Whether you’re looking for a local Olathe Attorney in Kansas or a Kansas City DWI Lawyer, it’s always best to do your research first!

Many a times, the only thing difference between a suit that was won and one that was lost, is in the way it was represented. Make sure that you choose you attorney with care. If your suit is one, which involves huge amounts of money or one that you land you in the jail, you wouldn’t want a lawyer who’s still learning the ropes, and you are his guinea pig. Don’t go by the glitzy ads on newspapers and glossy websites that give tall claims about their expertise. You could source them by calling the Bar Association, where you would be given numbers of lawyers, best equipped to deal with your case.

You could also search for them on the Kansas City Attorneys section of KCMetro.com. These would give you details about the area of specialization of the lawyer and his experience in dealing with cases. Most attorneys offer free consultation, to know why do you need a lawyer and which attorney would be able to help you best. Also, if you over 65 and meet certain conditions, you are eligible for free legal aid.

However, if you come across a lawyer, who is able to assure you, that, your problem, can be sorted, through an out of court settlement, chances are you have met a competent lawyer.

Originally published here.

Robert Preaudx

Kansas City Personal Injury Lawyers

Kansas Attorneys — Thu, 26 Aug 2010 20:20:59 +0000

Injury Lawyers Serving Missouri in Accident/Injury Cases

Victims of a Train Accident May be at Risk for Brain Injury

Kansas Attorneys — Thu, 26 Aug 2010 12:00:59 +0000

The recent California train accident in which several died and dozens were injured puts into question the safety surrounding trains as a leading transportation. According to statistics from the Federal Railroad Administration (FRA) Office of Safety Analysis a 13.3 percent jump can be determined during a three-year period.

There is an increase of this figure after the California Metrolink train accident in September 2008, which killed at least 25 and injured 135 individuals.

One of the common injuries that can likely occur during a train accident is that of a traumatic brain injury (TBI). Approximately 5 million Americans are currently diagnosed with TBI, but the number of train wreck-induced TBI injuries is currently unaccounted for.

There have been more than 10,000 train accidents reported within the last three years, according to statistics derived from the FRA. The most train accidents have been found to occur in Texas, followed closely by Illinois, California, Nebraska, Ohio and Kansas.

Individuals who have been involved in a train wreck know that the severity of injuries suffered can range from fractured bones to brain damage, which can severely impact an individual?life. There is a wide range of TBI side effects that can occur and the severity of this injury should not be taken lightly. If an individual is involved in a train wreck and may suffer from TBI, they should consult a medical professional as well as legal counsel immediately to protect themselves.

Reasons for Train Wrecks

According to the FRA there can be several hundred reasons as to why a train accidents occurs, but many of these reasons are associated with defective parts with the train or tracks. Several of the most common train wreck collisions occur for the following reasons:

* wide gage (defective/missing crossties)

* switch improperly lined

* transverse/compound fissure

* shoving movement, failure to control

* switch point worn or broken

* harmonic rock off

* cars left foul

* failure to comply with restricted speed

Unfortunately, many of these reasons for train wrecks can be attributed to human oversight or error. The U.S. Department of Labor Bureau of Statistics reports that most rail transportation positions are entry-level jobs requiring little more than a high school diploma and little to no previous experience or employment.

Locomotive engineers are the only rail transportation professionals federally regulated by the FRA, but, as seen in the California Metrolink incident, even a locomotive engineer can cause a monumental train collision.

Brain Injury Side Effects and Treatments

While there are no known statistics on the number of brain injury victims involved in train accidents, it is important that a TBI victim be treated regardless of if they suffer from a bump on a fractured skull. Brain damaged victims often do not know that they are suffering from TBI until the side effects worsen, in which case treatment may be more difficult to administer.

All potential victims of TBI and their friends and family should watch for the following signs and symptoms of TBI. Signs of TBI can include the following, according to the Neurology Channel, which is a board-certified neurological information center developed by physicians and specialized neurologists:

* anxiety, nervousness

* impulsiveness

* inappropriate laughter

* irritability

* disinhibition

* vision impairments such as blurry/double vision

* inability to concentrate

* headache

* dizziness

* lightheadedness

* seizures

* sleep difficulties

* slurred/slowed speech

* vertigo sensations

* weakness in limbs, facial muscles

* muscle stiffness or spasms

* loss of balance

* incoordination

* dysphagia (difficulty swallowing

Suffering from a Brain Injury Caused By Train Collision

Individuals who have had the misfortune of suffering adversely because of a train wreck can find assistance in consulting a knowledgeable train wreck attorney. An experienced personal injury lawyer will be able to offer insightful information as to developing a personal injury lawsuit.

Unfortunately, medical bills associated with TBI can become very costly, very quickly.

Originally published here.

LegalView’s homepage, http://www.LegalView.com, not only offers information on brain injuries, http://brain-injury.legalview.com, it also offers the latest news on other controversial legal topics such as the Byetta risks or the Avandia dangers.

Nursing Home Abuse Lawyers Kansas City, MO

Kansas Attorneys — Wed, 25 Aug 2010 20:10:59 +0000

Nursing Home Abuse Excerpts, Nursing Home Abuse Attorneys