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With so many television shows on right now that use the United States court system as a background, it can be a bit confusing figuring out the difference between civil law and criminal law. Let’s take a look at just a few of the main differences between the civil law system and the criminal law system in the United States.

First off, if you are headed to court for criminal law, that means that a law (state or federal) has been broken. In civil law, no laws have been broken but your rights as a citizen of your state or of the United States has been infringed upon. For example, if you feel that you were sexually harassed at work, then you would file a civil lawsuit since there are no federal or state laws that expressly forbid something like sexual harassment, although it is definitely something you can sue for.

Another major difference between civil and criminal law is economic rewards. In a criminal case, you seldom see a judge or a jury reward monetary rewards because a law was broken since the violation didn’t come against a person, it came against a law, but in civil court, a judge can award cash settlements as part of the punishment since a civil trial will look at a wrong done between one person to another. The same crime, say, manslaughter, can have two trials, a civil one that looks at the personal damage done by one person to another and a criminal trial that looks at the laws broken by the act. Some people mistakenly view this as a violation of the double jeopardy law, but that law only comes into affect if criminal proceedings are tried twice for the same crime.

One final major difference between civil and criminal law is the burden of proof. In the case of criminal law, the burden of proof is always on the state or on the federal government that is prosecuting the case. That means that the person being accused of a crime never has to prove they didn’t do it, they simply have to prove that the case presented by the prosecution is faulty. In civil court, the burden of proof is on the plaintiff in most cases. They must prove that they have been wronged and that the defendant is responsible.

So how do you know if you have been a victim of a civil violation or a criminal crime? Most people who are confused about what has just happened to them do one of two things: they call a lawyer or they call the police. In both cases, the person you call will inform you if you should call the other. The system works to help protect people’s rights, and although the police and lawyers may appear to have an adversarial relationship on television, they are both important parts of the United States system of law that is used to protect each and every one of its citizens.

In practically every state and in every jurisdiction, mediation serves as an unofficial branch of the United States court system and helps to keep thousands of cases clear of courtrooms each and every year. The impact of mediation is unquantifiable, but it is easy to say that if it wasn’t for alternative dispute resolution in all its various forms, the court system of the United States would be so clogged and so overloaded that the entire system would essentially break down. Let’s take a look at how mediation works and when it is appropriate to use it to resolve a dispute of your own.

In most cases, a mediator is used to help two private parties (it could be two individuals, an individual and a company or even two companies) communicate in a clearer fashion. A mediator has no power of judgment, although a resolution is the obvious desired result of both parties. The mediator, instead, helps the two sides talk out their problems or helps set ground rules so that both parties feel comfortable expressing their points to the other side. Mediators are used for several reasons, but they are used most commonly because it is a much faster, much more direct way to solve disputes between parties than waiting for the slow wheels of the state or federal court system to click into place. Using a mediator can also be significantly less expensive, and it helps give both sides the feeling that no one necessarily “lost” or was “beat”; instead, both sides essentially acted like adults, talked things out and agreed upon a resolution without one being forced to act.

According to historians, mediation goes all the way back to the ancient Greeks and Romans, but the practice fell out of style in the Middle Ages and was only brought back within the last few hundred years. Today, thousands of disputes are solved through mediators each and every year.

There are many different kinds of mediation that tend to all fall under this umbrella like term. In some cases, two parties may use a conciliator to solve their issues. Depending on the agreed upon terms that both parties sign off on, a conciliator will act more like a lawyer for both sides simultaneously. He or she will often have express knowledge of the subject or the issue that the two sides are debating over and he or she may provide relevant facts as they pertain to the case being heard. The fine print in the case of mediation is always decided on before the mediation begins so that both parties feel at ease with the terms and conditions.

While there is no iron clad list of rules and ethics for mediators, they are generally expected to follow the same basic unwritten laws that include impartiality, neutrality and honesty at all points during the mediation. Often times, both parties will have to agree on the mediator chosen. This selection process is often the most drawn out part of the mediation process.

Every year, tens of thousands of civil lawsuits are filed against individuals in the United States. While most of these lawsuits do have merit, some of them do not and are a legitimate waste of time. The question that many people who feel that they have been wronged have to ask themselves at one point or another is if they feel that their experience warrants a civil lawsuit being filed. Let’s take a look at a simple mental checklist you can go through to see if you should contact a lawyer and file a civil lawsuit in court.

By far, the biggest motivation for filing a civil lawsuit is the possibility of a monetary reward, but for some people, having to go through the rigorous court system is more than enough of a deterrent to never file a civil lawsuit, no matter what. This often is a much harder decision than most people think as the grind of the court system can wear down anyone, but depending on what your case is about, the promise of a cash reward is more than enough to get the wheels of justice moving. A simple Google search on the type of civil lawsuit that you are considering filing can give you a general idea of the chances of success you might have, although it is important to understand that every case stands on its own merits.

Probably the second most common motivation for filing a civil lawsuit is to expose the violation in rights that occurred and for the offending party to be prosecuted. Since there can be no jail time for a civil case, a punitive damage reward is often the only form of justice that can be handed out. You often hear many civil plaintiffs say that they aren’t pursuing the case for the financial award but so that others know of what happened in hopes that others will seek justice through the court system just like they did. Again, you will have to weight the time consuming nature of court proceedings against your will of exposing the violation in rights that happened to you to see if you want to go ahead and pursue a civil court case.

One excuse that many people use for not pursuing a civil court case is that they can’t afford representation. In criminal court, if you can’t afford a lawyer, the state or the federal government will provide a lawyer for you free of charge. Depending on where you live, it may be difficult or even impossible to find free or low cost legal representation, but there are nationwide organizations like the ACLU that will provide a free lawyer to help represent your case. Often times, the costs of going to court can seem overwhelming but they can be overcome, even if you live in a rural area.

Going to court is never an easy choice, and it is something that most of us wish we could avoid, but there are times when justice needs to be served and a civil lawsuit must be filed.

If you are like millions of people in the United States, you have likely had to face a judge in a civil court of law. While civil law attempts to be a streamlined version of criminal law without lawyers and often without juries, there are no laws forbidding the use of lawyers in civil court cases, and if you find yourself in civil court with a company or large corporation or with someone looking at the chances of losing $5,000 (the usual limit for small claims court) then a lawyer is often present. Since most corporations and even mid sized companies have lawyers on staff full time, they often show up in civil court proceedings each and every time. Let’s take a look at how you can pick the best lawyer for your civil case.

The first question you need to ask yourself when it comes to picking out a lawyer for a civil lawsuit is if you really need one at all. The limit in most states for civil proceedings is $5,000, so if your lawyer fees are going to run in the hundreds of dollars or thousands of dollars, you likely don’t need the help of a lawyer. In most cases, the civil court system is designed for an individual to represent themselves. You don’t need any prior information on law or any specialized training to win your case. However, if you are going up against someone who is using a lawyer or if you are going up against a large company, it is a good idea to protect your interests with a lawyer who has extensive civil court experience.

The next step in finding the perfect civil court lawyer is to make sure that the circumstances in your case match up with the field of expertise that your lawyer has. If you are going to small claims court for a personal injury, make sure your lawyer has extensive background in that area. The same is true if you are going to small claims court because of a sexual harassment case. Don’t just choose the biggest law firm in your area, make sure you match up your case with a lawyer who excels in that field.

Once you’ve picked your lawyer, make sure you are forthright in letting them know if you really want to go to court or not. Once your case has been decided on by a judge and a trial has been scheduled; many cases never make it any farther than that because a settlement has been reached. If you aren’t interested in offering or accepting a settlement, make sure you inform your lawyer of that so that a trial can occur. If you don’t want the hassle and the time consuming nature of a trial to take place, make sure your lawyer understands that a settlement is preferred.

Hiring a lawyer is one of the biggest decisions you will ever have to make. If you are headed to small claims court, you may not need one, but if you decide that a lawyer is the right way to go, make sure you choose wisely.

If you have spent any time at all looking at homes or thinking about owning your own home, you know how difficult it can be to accurately evaluate how “good” a home is. One person might value something like hardwood floors far more than new tile, while others may feel tile is far more versatile than hardwood. Coming up with your own home evaluation form is absolutely vital if you are to judge the plethora of homes you are going to see, as studies have shown that the average home buyer looks at over a dozen homes before making a decision. Let’s look to see what goes into a proper home evaluation form.

To start, make sure you have a space at the top for the complete address and city of the home you’re looking at. It would be a shame to completely fill out a home evaluation only to leave off which home it was you’re looking at.

Next, have a space where you can describe what the home looks like on the outside. Include the style (ranch, duplex, etc.) color and what the outside of the home looks like (shingles, siding). Make sure you include things like a garage and even small things like a doghouse or any interesting landscaping features that might help you make a better decision down the road. Of course, you want to include any major outdoor amenities like a pool or a tool shed.

Before you even head inside the home, you can fill out part of the evaluation based on the information the realtor has given you, such as how many bedrooms the home has, how much square feet it has and the number of bathrooms. You want to leave spaces near each of these for your comments so you can give the home a far more detailed evaluation.

If you can remember, try to record your initial impressions once you walked into a particular room. How does the space make you feel, what sort of decorating ideas immediately jump into your brain? How do you envision your furniture in this space and how do you see the traffic flow working from room to room. This is a lot of information to process, but take your time, buying a home is one of the biggest decisions of your life, you don’t want to rush it.

Take a good look at the walls and flooring in the home. Your realtor probably told you that there was carpet or hardwood flooring in place, but what condition is it in? Are there visible signs of wear and tear? Does it look like any of it will need replacing any time soon?

Also, use your ears when you evaluate a home. Listen to the creaks and groans that you hear since you might be living with them. The same goes for plumbing sounds. Try to leave space on your evaluation form to write all of this down.

Making your own home evaluation form is a necessary part of home shopping and if done right, it can be a valuable tool.

A home purchase form, also known as an offer to purchase real estate form is one of the most important types of forms you will ever fill out. Not only is the form somewhat complicated, but whenever you find yourself dealing with big money offers, you will find that the forms involved are exacting, since no one wants to make a mistake that could cost them in the long run. Here are a few tips for creating your own home purchase form and for filling one out properly.

Since more and more people are bypassing the option of using a real estate agent, more and more people are designing and writing their own real estate forms. While this can be a bit dangerous, careful crafting of a home purchase form is possible, but it is always a good idea to seek the advice of a lawyer before you officially submit the form.

Start the form off with the date, addresses of everyone involved, including the property that you are looking to buy and a formal yet polite greeting. Simply state in plain words that you wish to put a monetary offer down on a specific piece of property located at a specific location. It may seem redundant to restate the exact location of the property so many times throughout the letter but it is better to be repetitive and clear than it is to be vague and unclear. Also make sure that you include a description of the property, such a single family home, an apartment building, etc. You also need to include the land that you are buying along with the piece of property that is sitting on it.

Next, clearly state how much of a deposit or earnest money that you have on hand that you will be putting down as part of your offer. This is often the biggest deciding factor when it comes to your offer. In almost all cases, the people you are tendering the offer to will take which ever offer gives them the most up front cash.

The next part of the letter should state the purchase price of the property and then you can state what your offer is (either more, less or equal to the asking price). You don’t need a paragraph justifying your offer, simply state it in relation to the asking price. You should also include the closing date should your offer be accepted so that the seller has an idea of when everything would be wrapped up by.

If you are going to be getting a mortgage, include a section about your current status (pre-approved, haven’t applied yet, etc.) and how long they can expect to wait for you to be fully approved for your mortgage.

Finally, include a paragraph about inspections to the property and when/if they would be done and by whom and make sure you also include a section about any other parts of the home that you want included in the sale, such as furniture or belongings that would be included in the purchase price.

If you are like the millions and millions of people out there that have decided to sell your own home, you are likely in need of do it yourself forms that you can easily create on your own home computer, either as a Word document or even as a spiffy .pdf. Making your own home sale form isn’t as difficult as it sounds as long as you follow a few essential steps along the way. It is important to note that it is always a good idea to have any legally binding form that you create at home evaluated by a lawyer to ensure that the form is, in fact, worth the paper it is printed on.

First, before you start, make sure you understand the rules and regulations that govern contracts such as these in your state or jurisdiction. Even if you’ve sold a home in a nearby state or even a nearby county, the rules where you are now may be different.

First, start with the full, legal names of the buyer and seller. Do not use nicknames or informal names at any point, even if you are good friends with the people you are doing this transaction with. Next, include a full description of the property you are selling. Include everything from the address of the property, what kind of property it is, what style of home it is, how much land is being included with the sale and if any goods are being included with the sale, such as curtains or any personal belongings or furniture.

Next, state the purchase price that you are selling the home for and make sure you include the deposit amount that you are getting up front. Make sure you also state the amount you will be receiving from a mortgage or from a third party source to cover the rest of the cost of the sale.

You will want to also state the closing date of the sale and any sort of payments that will be required either by you or by the seller at closing. Even if you think that parts of the closing costs are common sense, you need to spell them out here, cost by cost, so that there aren’t any second guesses on the day of closing that could gum up the works.

In the next paragraph, include the evaluations by the inspector or inspectors that viewed the property. If they saw any kind of defects or any sort of problem, make sure that it is included here so that a year down the road, the buyer can’t come back and say they didn’t know about a potential problem.

You should also include any type of bug or pest evaluation that was done, as well. This is especially true if you have a wood home and there is a fear of termites.

Include a spot where all parties can sign and include a place for a witness, and you’re done. It can seem a bit overwhelming, but writing your own home sale form isn’t that difficult.

Making the big decision to purchase a piece of real estate is one of the most exciting and nerve racking decisions a person can make. Even if you are buying real estate solely to invest and sell off, the sheer amount of money changing hands is enough to make even the most stoic person shake in their boots. Writing your own intent to purchase real estate form isn’t that difficult as long as you follow along with a few key phrases and clauses. Let’s get some pointers on how to do one ourselves.

Most intent to purchase real estate forms contain two separate sections, one for the buyer to fill out and one for the seller. The section for the buyer is much larger, so let’s start with that. You want to start off with clearly identifying yourself, the name of the seller and the address of the property you wish to buy. Make sure that you include a full description of the piece of property you wish to buy, including what type of property it is, what it looks like and what is included in the property you are buying (land, belongings, etc).

Next, include your purchase offer and how much of the total cost you will be able to pay up front via your deposit or your cash on hand. This section is essentially the heart and soul of your offer and it will often by the deciding factor if your offer is accepted or not.

The next part of your letter should state how and if you are getting a mortgage or other form of financing and how far along you are (pre approved, just now applying, etc.) This will also help the seller decide if they will accept your offer or not.

For the next part of your offer, include any information about the inspections that have happened on the property. This is the part of your letter where you state any sort of changes or alterations that need to be done on the property for your purchase to commence. Don’t be afraid to be extremely detailed here as this is an extremely important part of your offer sheet.

Finally, take the last part of the letter to state each and every additional item that is to be included in the offer. If you have previously rented the property and are now considering buying it, you would have to include things like furnishings that came with the apartment that you now want to include in the overall purchase price. It can seem a bit tedious listing every small item, but you don’t want any second guesses down the road when it comes time to close on the property.

As you can see, an intent to purchase real estate letter can be a bit complex, but it isn’t impossible to write one in the comfort of your own home. It is essential, however, that you understand the rules and laws in your area before you attempt to write a legal form of this kind.

Of all of the forms one can sign in their life, a lease can be one of the most complicated and one of the most misunderstood. If you rent from a corporate held apartment complex or building, your lease likely looks quite official and contains many different sections covering any eventuality you can think of. If you are looking to write your own lease, you don’t quite need something like that, but it is important that your lease covers many main points. Let’s take a quick overview of the lease you can write from your own home computer.

Just like any other major form, start with the formal names of both parties involved. Next, list the address in question that is being rented out. Once the formalities are out of the way, you want to include the first main section to be about rent. Include how much rent is, when it is to be collected and for how long the lease is valid for (six months or a year are the usual terms).

The next section usually talks about payments of rent, when it is due, how it is supposed to be paid and by when. You can include any other kinds of rent related information in this section as well, such as any conditions that you want to include about how rent is paid.

Section three usually talks about security deposits, the terms in which they will be returned and how they are collected (cash, check, etc.). Section four often talks about any late fees that are charged if rent is late. Some leases fold this section into the first two sections that talk about rent.

Depending on the arrangement you have with your tenant, you might want to include a section about who pays what utilities. Be specific here so there can be no wrangling by your tenant at a later date.

Next, outline a section that gives details on occupant limits to the unit you’re renting and how long guests can stay before they need to be included in the total number of permanent occupants.

Some people choose to include a clause on pets further up in the lease for added emphasis, but many people place it near the middle. Make sure you make your rules about pets absolutely clear. The number one cause of evictions is people ignoring the pet provisions in their lease.

The rest of the lease is up to each landlord, and can include clauses banning waterbeds, a clause on parking if necessary, a clause on noise and when quiet hours should start, a clause or two on the conditions of the rental unit and any defects that are already known and haven’t been caused by the renter moving in, a clause on changes the tenant can make to the unit, a clause on termination of the lease and the rules regarding it and finally a section on the number of keys that are being made.

Writing your own lease is very common and can be a bit of a hassle, but if done right, you will have a great template you can use again and again.

You have worked hard for your 401K and now that you’re leaving your current job for a better one, you need to take your 401K with you so you can roll it over into the 401K you’ll be starting at your new job. Unfortunately, this won’t be happening automatically, you need to write a formal letter to start the wheels in motion. Here are a few tips for writing the perfect 401K rollover request letter.

First off, the 401K rollover request should be addressed directly to the person who manages the 401K fund run by your current job. The point of the letter is that you want your current 401K account and the money in it rolled over into an IRA or some other retirement plan, or even another 401K at a new job. You will have to be very specific on what you want done with your cash, otherwise, it is possible that a very overworked fund manager may misinterpret your request. If you are planning on doing something a bit more untraditional with the money in your 401k account, you may need a completely different letter since this article will cover a simply rollover.

Start with your full name and your account number at the top of the letter. Don’t bother including your name anywhere in your letter without also including your account number, almost like you were dealing with the IRS. In the next section, give a reason why you are asking for your 401K to be rolled over. The most common reason is that you’re ending your employment with your current employer, but there are other reasons, as well, such as retirement or hardship.

Next, make sure you tell your fund manager if you want part of your 401K rolled over or if you want all of it. Again, unless you are doing this for hardship, it would naturally be all of it.

The next section of the letter is the most important. In this section you will tell the fund manager exactly what you want done with your money. If you are using a PDF as a template for your letter, you can see that you have several options, including cashing it out directly to yourself or rolling it over to an IRA account where your money can continue to earn interest. You can also choose a few government accounts, as well, and make sure you include any and all account numbers for any accounts that you ask that your 401K to rolled into.

The next part of the letter usually includes a section on how the money is to be delivered. Most account managers have bypassed paper checks and now use electronic distribution methods to cut down on paperwork.

The final part usually deals with taxes and how you want to pay what you owe.

As you can see can, a 401K rollover request isn’t nearly as complicated as it sounds if you go slowly and fill out each part correctly.