Your Guide to Understanding Legal Issues

Understanding the Basics of Oil and Gas Contracts

An Overview of Oil and Gas Contracts

Oil and gas contracts are the lifeblood of the energy sector. Whether you are looking for an agreement to extract, refine, sell, or purchase oil, there are many types of contracts available. You could have an agreement in place for operating, management, joint operating, farmout, or even a contract that outlines a farm-in. There are contracts for gas processing , but also agreements for selling produced gas, which might be covered under a sales agreement (also called a purchase and sale agreement). Other contracts include transportation agreements that might also be called a pipeline transportation agreement. Again, these are only a few examples of the types of contracts commonly used by different parties in the oil and gas industry.

Hunting for the Ideal Long Beach Tax Attorney: An All-Inclusive Guide

The Necessity of Engaging the Services of a Tax Attorney

Renowned for its waterfront attractions and hospitality, Long Beach has fast become a go-to destination for many. Long Beach has also attracted a variety of businesses, whether they are tech start-ups or long-established firms. Yet the excitement of living or working in one of Long Beach’s neighborhoods does not preclude all the tax issues that can arise for individual taxpayers and businesses.
Let’s look at some situations where you may need the advice of a tax lawyer in Long Beach. One possibility, of course, is needing help with the IRS. You may have to deal with business tax litigation, IRS audits, or even criminal tax fraud investigations.
Some residents might face tax problems that arise from a divorce. Divorce taxes can be especially complicated, and negotiating this settle with your future ex might be more complex than you think. Also, the consequences of divorce can expose you to tax-related penalties in the future. A tax lawyer can advise you regarding these penalties.
If you live in Long Beach, you may own more than one property. Owning multiple properties, or even having one residence that you put up for rent, can produce tax issues. In terms of passive activity losses and tax shelters , the laws can be tricky to comply with. Also, if you are a real estate investor, how should you structure your ownership? You might be eligible for the passive activity exception for real estate professional investors. The biggest concern with multiple properties is that you might be misreporting with the IRS and get audited. The IRS will know how many real estates you own and will expect you to report income from all of them. If you fail to do so, it can be difficult to explain yourself.
Also, some people have taken illegal steps to avoid taxes. It’s important to know if you are breaking the law. You might not realize it, but the IRS makes this determination. Working with a tax lawyer will help you understand whether you have complied with the law.
The above are only a few examples of why you may need a tax lawyer in Long Beach. An experienced attorney can help residents and businesses with a variety of issues. As already noted, a tax lawyer can provide assistance and representation when a matter ends in litigation. While representation is essential in the case of an IRS audit or a trial, it’s also advised during other types of negotiations.

Understanding Broker Agreements in a Texas Residential Lease

What is a Broker Agreement Used in a Residential Lease?

A Broker Agreement is a commonly used agreement in Texas residential leases. It sets out the relationship between the landowner and the broker. The broker is a real estate professional who acts as the intermediary or agent between the landowner and the tenant in the lease process. A broker would seek to find a prospective tenant for the landowner. The landowner engages the services and expertise of the broker for their property and the broker prepares a lease for the landowner .
In other words, an agreement between a landowner and a real estate professional whereby the landowner hires the real estate professional (broker) to find a prospective tenant, and if a tenant is found, the broker prepares a lease document.
It is beneficial for landlords to use a broker in the initial leasing process that offers the property to prospective tenants because they may have the expertise and experience as well as be more familiar with the housing market to make good recommendations for both the property and the pricing of the property.

What Is “Prescribed by Law”: A Legal Definition

What Does Prescribed by Law Mean

While the text used for "prescribed by law" has been used in many legal contexts in many nations for centuries, its origins can be traced to Latin and to earlier nations predating modern nations. The procedure for showing what is prescribed by whatever law under consideration is in writing and contained within a set of legal documents known by law. That writing is called a "law." An essential characteristic of any law is that it must be in writing. Courts always deal with the issue of a law being written. Thus, a law is legally valid only when it is written.
"Prescriptio" and "prescribed by law" are used synonymously in legal terms. A law which is "prescribed by law" is any such law, ordinance, writ, statute, enactment, rule, regulation, or provision in a municipal code, which has the force of law . "Prescriptio" means anything written down, and in historical times meant a prescription affecting land and boundaries. Since all land in the United States was at one time or another "prescribed" or written down in municipal ordinances and provisions, "prescriptio" was later used to mean anything "prescribed by a writing," hence "prescribed by law."
"Prescribed by law" was sufficiently clear that the Supreme Court of the United States held in 1856 as follows: "By the phrase, ‘All persons in the United States,’ the act of congress of September 18, 1850, was prescribed by law for every state in that government to adopt in its own courts." From this it was inferred that there had been no confusion about the phrase "prescribed by law" in that very statute into law.
"Prescriptio" remains a phrase in the modern language of legislation, and is mentioned in five major international statutes today.

The Ultimate Guide to Photo Booth Contract Agreements

Photo Booth Contracts Explained

A Photo Booth Contract Agreement is a fundamental legal document or instrument for both parties (providers and clients). It is a formal arrangement within which an agreement is recorded between two parties and basically serves as a legal piece of evidence for the services rendered by the photo booth provider.
However, a Contract Agreement also stipulates the obligations of both parties, the provider and client, under which they are bound to. This means that the service provider and client must perform their roles in accordance with the terms in the contract agreement .
In practice, a contract agreement is seen as a simple written piece of paper, but it is much more than that as it is crucial to formalizing an agreement between all involved parties and helping them to avoid miscommunication. It is also very important that a client does not misrepresent its ability to comply with the obligations of the contract. An example would be misrepresenting the ability to make payment for services to be rendered.
As a result, a contract agreement is fundamental, especially in the event of breach or non-compliance with the terms, as the aggrieved party can rely on the legal document to enforce the rights or obligations of both parties. Further, the court will always have an interest in enforcing the terms and conditions of a contract.

The Legal Term ‘Notwithstanding’ Explained: A Comprehensive Guide

Notwithstanding: Legal Definition Explained

In legal parlance, "notwithstanding" is often employed in a contractual provision to mean that the particular provision of the contract shall be controlling. As applied, the overriding nature of "notwithstanding" may apply notwithstanding any other provision or provisions of the contract. See Mt. Holyoke Mills Corp. v. Hartford Fire Ins. Co., 98 Ga.App. 244, 105 S.E.2d 824 (1958). Accordingly, while "notwithstanding" does not, as its plain meaning might suggest, mean "despite," it essentially works in reverse to allow a given provision of a contract to override other provisions of the contract that it specifically references. See In re Healthy Pets, Inc., 580 B.R. 703, 707 (Bankr. N.D. Ga. 2017). "Notwithstanding" is a transitional word that is commonly used at the beginning of a sentence, clause or paragraph to signal to the reader that what follows will be controlling despite any contrary provision in the document as a whole. "Notwithstanding" is synonymous with "regardless of" and "despite." See Black’s Law Dictionary (11th Ed. 2019). In the context of federal rules, "[t]he word notwithstanding … is used to indicate an exception to the general rule which would otherwise apply in a particular situation." Ctr. for Envtl. Innovation v. Fed. Energy Regulatory Comm’n, No. 16-1220 , 2017 WL 5509894, at *6 (D.C. Cir. Nov. 17, 2017) (quoting Black’s Law Dictionary 10th ed. 2016). The plain language meaning of "notwithstanding" is "[d]espite; notwithstanding." Black’s Law Dictionary 1218 (10th ed. 2014). "Notwithstanding" is "foreign to the most graceful English Construction, but is in very familiar use in Law, to express Exceptions from the general Power of given Rulers." Black’s Law Dictionary 1218 (10th ed. 2014), quoting Thomas Erskine, Institutes of the Law of Scotland, at xi (1853). The word "notwithstanding" is a term that a reasonable person would understand, and as such it is not ambiguous. See Mt. Holyoke Mills Corp., 98 Ga.App. at 244 (quoting Williston on Contracts. Kimes Edition [New York], Vol. 10, Sec. 1068 (1942 Supp.)). "Notwithstanding" is not a technical term, and "[it] has not assumed a special meaning in the law." Id. Where "notwithstanding" is used in a legal document without a limiting clause, the specific words that have been "notwithstanding" must be construed in light of common sense and justice, as there is no rule of construction that the term supersedes all other provisions in the document. See Local No. 557 Amalgamated, Inc., United Paper Workers Int’l, A.F.L.-C.I.O., C.L.C. v. Saco Locomotive Works, 310 F.2d 780, 785 (1st Cir. 1962).

The Basics of Alabama’s Stand Your Ground Law

The Law of Stand Your Ground

Stand Your Ground laws are statutes that empower a person to use deadly force in self-defense if they reasonably believe such force is necessary to resist an act of unlawful violence upon themselves or another. State legislatures enact these laws to justify individuals that commit what would otherwise be considered a crime against the person. Put simply, Stand Your Ground laws usually allow a person to use deadly force against an aggressor to prevent or stop an attack. Typically, if a person has this belief, then the law presumes that the force was necessary to do so. In the context of defending a civil case in Alabama, if a person believes the force was deadly, they are presumed to have acted lawfully .
For example, suppose two persons over the age of 16 are engaged in a voluntary fight on private property. As a result of the fight, one person sustains an injury, but the other person walks away without suffering injury. The injured person then sues the other for damages. The person without the injury is entitled to immunity from civil liability from the injury. Put differently, Alabama’s Stand Your Ground law would justify an otherwise criminal act committed by a defendant.
In most cases, when you injure someone or damage someone’s property through your criminal behavior, the law will hold you accountable. Stand Your Ground laws and immunity are exceptions to that rule.

Guide to Taking Legal Action Against an Insurance Company Following a Car Accident

The Ins and Outs of Insurance

Insurance policies are contracts that stipulate what is covered and what is not. Your insurance company might deny a claim, stating that it falls outside the scope of what they are required to cover under your policy. Your insurance company may also offer a settlement amount that is less than what you believe you deserve, or delay payment for a long time. These disagreements with insurers are known as insurance disputes.
Denial
Insurance companies deny claims for many reasons. They may claim the insurance paid for a loss like damage in an accident only covers damage that results from a car crash, rather than other causes like fire or flood. A person injured by a driver with no insurance may find that the company denies that their own policy covers the loss. Sometimes, the denial is based on an incorrect assumption about the facts of the case, and other times, the dispute is over ambiguous wording in the contract. For example , your policy may include undefined terms such as "reasonable" or "normal" when setting guidelines for payments the company must make.
Low Offer
After an accident, your insurer may offer you what seems like a good price for your claim. What if you think it’s not enough? Insurance companies often try to settle quickly, especially when you haven’t hired an attorney. Their goal is to get you to take a low offer before you realize it’s not even close to what you deserve. Whatever cash reserves they have to pay for losses will not last forever, so paying out a fair and legitimate claim is not in the company’s financial interest.
Payout Delays
If you have received a partial or full repair estimate within the timeframe of your claim, you will want to consider contacting the insurance company to ask when you can expect payment. They may tell you that a payment is coming "any day now" or that there is some sort of administrative problem, but there are strict deadlines for the company to pay you. If they don’t pay or continue to offer excuses, it’s time to contact an attorney.

The emancipation process in North Carolina: A complete guide to learning the law

What is Emancipation?

In the state of North Carolina, the law recognizes that not everyone is ready to be considered an adult at the age of 18. For those who find themselves in a situation where they need to be recognized as their own legal guardian, there is a process called emancipation. This section of our blog will provide an in-depth look at emancipation laws in North Carolina and the steps you must complete to legally emancipate a minor.
Emancipation is a legal concept that frees a child from the control and support of their parents or guardians. The process entails the minor requesting the court system to declare them as free from parental control so that they can enjoy certain rights that are traditionally reserved for adults , including the ability to enter into binding contracts, open bank accounts and own property.
However, the legal act of emancipation is not so simple. It also carries with it a large amount of responsibility, as it terminates the rights of parents to provide support for a minor in terms of their education, housing, clothing, food and any other needs.
There are numerous reasons why a minor might seek emancipation, specifically that they have a strong desire to live on their own or they want to get married. However, emancipation may not be within your best interests, as there are still restrictions on those who have been emancipated. For example, they can’t vote, buy cigarettes or alcohol, or run for office until they reach the age of 21.

Can a Power of Attorney Represent an Individual in Court?

What is a Power of Attorney?

The term power of attorney (POA) refers to both the document signed by a principal (the party creating the power of attorney) and the agent named in that document. A properly drafted and executed power of attorney (POA) is a written document appointing someone (the agent) to act on behalf of an individual (the principal). The power of attorney appoints the agent through the use of either a general or a limited power of attorney. Through a general power of attorney, the principal grants the agent legal authority to handle all of the affairs of the principal. In contrast, the agent’s power under a limited power of attorney is restricted to certain matters stated in the document.
Powers of attorney may specify the exact powers being given to the agent . Thus, for a person served with a lawsuit, review of the document appointing the present agent would be necessary to determine if the agent has the authority to act for the principal in the pending litigation. Certain POAs provide the principal the right to override an agent’s authority at any time. However, a frequently overlooked issue is that a signature by an agent may result in an acceptance of the power and obligate the agent to act. Thus, the safe route is always to execute a new power of attorney if there is a question regarding the validity of the document currently in effect. The principal may revoke his or her power of attorney at any time. Again, a new power of attorney executed by the principal usually will eliminate questions regarding the agent’s authority.