Legitimate Grounds to Threaten Legal Action

The law requires lawyers who willfully threaten or bring frivolous legal actions against others to risk loss of both their professional reputation and perhaps their law license. So, what are the basic legal "prerequisites" that must be met? Here’s the gist of it:

1. There must be a legitimate basis for believing that the threatened claim has merit. Generally speaking, this requires a factual basis to support each element of a properly stated cause of action in the jurisdiction. In most cases, the attorney must receive sufficient evidence before threatening legal proceedings that the evidentiary support for each essential element of the cause of action exists; otherwise, if the claim is not viable because its factual foundation is lacking, the claim is frivolous.
2. The threatened claim must be based upon a proper legal theory and have a legal basis. This means, effectively, that the threatened claim should have a textually arguable legal foundation in applicable statutes, case law, administrative regulations, or rules of courts.

3 . The client must be advised of the potential consequences of pursuing the claim (becoming liable for malicious prosecution and/or abuse of process, among others). A failure to adequately inform the client of these potential consequences can hurt the attorney in the event of a later malicious prosecution/legal action brought against the client.

4. The attorney must have a good-faith factual basis for concluding that the client has a rational belief that the merits of the threatened claim outweigh its potential risks, and the factual basis for a conclusion to that effect is enough for the attorney to convey the information above to his/her client.
5. The attorney’s purpose for threatening the legal action must be innocent and cannot be for an ulterior purpose. So, if the motivation for threatening legal action is to force the recipient to abandon legitimate claims, the attorney may be liable. This is not to say that legitimate claims can’t be pursued, just that the purpose for bringing the suit or threatening suit cannot simply be to harass the other party or benefit the attorney’s client at the other party’s risk.

Introduction to Latin Legal Terms

The use of Latin in legal terminology has been long-standing, with roots tracing back as far as ancient Rome. However, even today, Latin remains firmly entrenched in the field of law. In fact, despite living in a time of international legal parlance, the use of Latin legal terms is strong. Latin terms are frequently used in legal documents and proceedings, serving as time-honored standards that streamline communication across various areas of law.
Latin legal terms are not only formalities, but they also promote precise understanding amongst practitioners and judges. They are regularly utilized in judicial opinions, scholarly publications, and other legal documents in a variety of jurisdictions, and are of paramount importance in the fields of criminal , civil, tax, and other subset of law.
Latin legal terms are often used to condense complex thoughts, allowing for succinct expression of a specific concept or common idea. This conciseness can be especially useful for legal terms of art; otherwise, lengthy parameters would be needed to fully described the concept expressed by the term. Importantly, Latin terms can assist in understanding law. The use of Latin legal terminology perpetuates a system of legal interpretation where these words are routinely thought of together with specific statutes or ideas. While the Latin term may not always be found in the statute themselves, the provision, statute or concept is often intimately associated with the term, illuminating its meaning and application.

Basics of MetLife Legal Plans

MetLife Legal Plans are legal plans that were created to provide individuals with the peace of mind and knowledge they would need to make better decisions. These legal plans and services are available through the workplace as well as individually. These plans are currently offered to over 18 million employees and their families through benefits provided by over 26,000 employers across the nation. MetLife Legal Plans are one of the largest pre-paid legal benefits companies in the world . They allow people to easily understand how and when they can use the services that are being offered to them.
The services provided by these plans include access to a full range of legal services, representation in civil court for covered matters, and document review and preparation. The number of attorneys or firms that are used with these services are over 5,000 across the nation. Individuals who are able to use MetLife Legal Plans typically have the legal plan as a benefit provided to them through their employer.

Knife Laws in Florida

The general law in Florida regarding knives flows from Florida’s statute that prohibits carrying concealed weapons (Fla. Stat. § 790.01.), as well as the statute that provides a definition of what constitutes a "weapon." This definition of weapon also serve as the statutory basis for understanding what is as an "ordinary pocket knife" (Fla. Stat. § 790.001.) as that term is used in the statute that regulates the carrying of certain types of knives (Fla. Stat. § 790.03). The prohibition against carrying a concealed weapon is subject to certain exceptions, including the license to carry a concealed weapon under Fla. Stat. § 790.06. How knives could be carried in public without violating the prohibition on carrying concealed weapons depends on whether the knife was appropriately categorized as an "ordinary pocket knife." A knife categorized as an "ordinary pocket knife" could, accordingly, be carried in public without violating Fla. Stat. § 790.01(2). If the knife was instead categorized as a "weapon," Fla. Stat. § 790.01(1) would apply. And the legal prohibition against carrying a "weapon" in public is that if the weapon is "concealed," then the prohibition could only be avoided if the person carrying the knife complies with the licensing provisions set forth in Fla . Stat. § 790.06. One difficulty in analyzing the legal regulation of knives in Florida is the distinction between the prohibition against carrying concealed weapons (which applies to the category of weapons, such as knives, that can be concealed) and the exception that exists (in Fla. Stat. § 790.001(3)(a)) for "ordinary pocket knives." If an ordinary pocket knife is not a weapon, then should someone carrying an ordinary pocket knife in public be required to carry that knife in plain view? Consider the following: If the knife is categorized as an "ordinary pocket knife," then there will not be any statutory provision that imposes any requirements on how the knife must be carried in Florida. Even a knife categorized as a "knife" may not subject its carrier to prosecution under Florida’s anti-concealed weapon statute, depending on whether the knife is being concealed or not. Quite simply, if the "knife" is in plain view, it may be carried in public in Florida without violating Fla. Stat. § 790.01, even though precisely why it does not violate Fla. Stat. § 790.01 is probably something better suited for the subject matter of an advanced constitutional law seminar.

What is Common Law?

Common law refers to the body of unwritten laws that have been established through widespread and continuous legal custom and judicial opinion. This historical precedent for law is used as part of the body of law in which a case is found. Under common law, the weight of the authority of past rulings on a particular subject can be as high as statutory law, depending on the relationship between the past rulings and the current case. Judicial findings on issues of fact are not thought to create precedent under common law, as these rulings are specific to the particular case at hand and are not generalized or broadly applicable . Conversely, judicial opinions on issues of law form a body of common law that is generally accepted unless argued against in positive law. Positive law refers to statutes created by legislatures. In most modern legal systems, statutes and common law supplement each other and are used together to adjudicate disputes. The differences between the two chiefly relates to their derivation. A statute is expressly written law that lists the elements of a law. Common law is an unwritten body of law derived from customs and general principles. Common law precedents are used to fill in the gaps of statutory law and guide the court in making the proper decision.

Article Summary of the Pet Agreement Form

The Texas Association of Realtors Pet Agreement Form is a specialized addendum utilized in the leasing process for properties that allow pets. It provides a structured framework for both landlords and tenants to address the unique considerations and responsibilities associated with animal companions. This form is particularly important in the context of real estate transactions that involve leasing or renting a property where pets may be present.
The Pet Agreement Form is used to clearly articulate the expectations of both the landlord and the tenant with respect to the pet’s effect on the property and the potential for damage . The form addresses areas such as alterations to property, damage, and disposal of waste in specific locations, all of which are directly related to having pets on the premises. By using the form, the parties can ensure that all necessary precautions are discussed and responsibilities are apportioned at the outset of the lease.
Having a clear and concise agreement regarding pets is essential for preventing conflicts between landlords and tenants. It can also help homeowners assess any potential issues and whether having a pet on the property is a good fit for a given tenant. By utilizing the Texas Association of Realtors Pet Agreement Form, both parties are better equipped to handle their respective obligations as they relate to the pet and its habitat.

What Exactly Is A Daycare Contract?

A daycare contract is a legal agreement between a daycare provider and a parent that lays out the terms of the service that is to be provided. A formalized contract is necessary for the protection of both parties involved. It outlines the expectations of the contracting parties and gives an overview of all liabilities and obligations of both the parents and provider. With a daycare contract parents can know exactly what they are getting into upfront . Likewise, so can the daycare. Most importantly, a contract can become useful in case any of those parties default. Having everything listed contractually makes it easier to hold either party legally accountable. There are many important factors that should be taken into consideration and included in the contract to make sure that there is no ambiguity on the obligations of either party.