Contracts, Regulations, and Commercial Business Entities: Secretary of State
Derecho de los negocios abarca la ley que regula contratos, ventas, papel comercial, Ley de agencia y el empleo, las organizaciones empresariales, propiedad y fianzas. Otras áreas populares incluyen seguros, testamentos y planificación de patrimonio y protección de consumidores y acreedores. Derecho de los negocios puede incluir temas tales como a partir de, vender, o comprar un pequeño negocio, una empresa, tratando con empleados o relacionados con los contratos, entre otros.Código comercial uniforme (UCC), que regula la venta y papel comercial, se ha adoptado en cierta forma por casi todos los Estados. Existen organismos a nivel estatal y federal que administran la ley en cuestiones tales como asuntos de empleo y consumo y protección de crédito. Las leyes pretenden proteger prácticas comerciales justas y los derechos de debido proceso para los trabajadores agraviados.
Los derechos civiles, testamentos, fideicomiso y legalización de un testamento, Lesiones personales
Derecho civil sufrió un tipo de ámbito jurídico que aborda normalmente no violentas circunstancias y eventos que son percibidos como presumible tuertos. En contraste con periféricos campos del derecho, Derecho Civil mantiene firme jurisdicción dentro de la revisión judicial de las ocurrencias, quejas y denuncias cuya rectificación se considera poco probable que fuera de un marco judicial.
Derecho civil, en la más básica de los contextos, se aplica a asuntos no penales para resolver jurídicamente una cuestión subyacente. Como resultado de la zona designada de asuntos legales, derecho civil cubrirá una amplia gama de áreas, incluyendo cuestiones relacionadas con casos de divorcio, procesos de apoyo de niño, trajes de lesiones personales o asuntos de custodia de menores. Además, el derecho civil se aplica a desacuerdos comerciales, tales como disputas sobre contratos. Derecho civil incluirá también los pleitos traídos por una parte recuperar daños y perjuicios relativos a la propiedad.
Pre, Principle, Post; Above and Below The Line contracts Financing and Distribution Guild and Union administration
Entertainment law encompasses legal areas such as copyright, USTP trademark, contract, multimedia contracts, intellectual property, music publisher, and book publishing. Related areas of law include first amendment law, telecommunications law, sports law, and all areas of intellectual property law. The personal service agreement is a primary legal instrument in the entertainment industry. This agreement is negotiated between an artist and a company that manufactures, promotes, and distributes the artist's goods or services. The agreement often binds the artist to produce for one company for a certain period of time. Personal service agreements are often governed by statutes and are often the subject of litigation because they restrict the rights of artists to perform or create for any entity except the company with whom they have contracted.
U.S. copyright law contains provisions specifically directed at the entertainment industry. For example, the songwriter—or the copyright holder, if the songwriter has transferred the song's copyright or created the song as a work for hire—decides who can first record a song for publication. However, once the song has been recorded and published, the copyright holder may no longer limit who may record the song. If a song's copyright owner has previously granted permission to someone to record a song or if the songwriter has recorded and commercially released a recording of the song, the copyright holder is required by copyright law to grant a license to anyone else who wants to record that song. This is called a compulsory license. A licensee who records a song under a compulsory license is required to follow strict statutory guidelines for notification of its use and reporting sales and royalties to the copyright holder. The fee for a compulsory license is set by Congress at a few cents per recording manufactured, and is adjusted for inflation every few years.
The advance of technology and digital publishing has expanded traditional entertainment legal issues. For example, the value of digital downloading rights, and how this will become an increasingly important point in recording contracts.
Under California law (which is much more generous to employees than federal law), if you are a non-exempt worker, you are entitled to meal and rest breaks: a 30-minute meal break if you work more than 5 hours in a workday, and 10 minutes breaks for every 4 hours you work. There are other requirements, though. If your boss doesn’t comply with break requirements, they are required to pay you one extra hour of regular pay for each day on which a break violation occurred.
For the nitty gritty's, see below:
Rest Breaks
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If you work at least 3.5 hours in a day, you are entitled to a rest break.
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Your boss must give you a rest break of at least 10 consecutive minutes for each 4 hours worked.
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Rest breaks must to the extent possible be in the middle of each work period.
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Rest breaks must be paid.
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Your boss may require you to remain on work premises during your rest break.
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You cannot be required to work during any required rest break. [Cal. Lab. C. 226.7]. BUT, you are free to skip your rest break provided your boss isn’t encouraging or forcing you to.
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Most people know that they should have a will, but many don’t know what a will is and how it works.
A will, sometimes called a “last will and testament,” is a document that states your final wishes. It is read by a county court after your death, and the court makes sure that your final wishes are carried out.
What a Will Does
Most people use a will to leave instructions about what should happen to their property after they die. However, you can also use a will to
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Name an executor.
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Name guardians for children and their property.
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Decide how debts and taxes will be paid.
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Provide for pets.
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Serve as a backup to a living trust.
You shouldn’t try to use a will to:
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Put conditions on your gifts. (I give my house to Susan if she finishes college.)
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Leave instructions for final arrangements.
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Leave property for your pet.
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Make arrangements for money or property that will be left another way. (Property in a trust or property for which you’ve named a pay-on-death beneficiary.)
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Steps for Filing Probate in California
When a person dies with or without a will, there is a legal process known as probate that facilitates the transfer of property to the person’s beneficiaries and heirs and pays any debts owed by the deceased. In some cases, depending on the size and worth of the deceased’s estate, full probate is not necessary, and simplified probate procedures may be used. If the deceased has no property to transfer, there is no need for probate. The steps for filing a full probate in California can create an often lengthy process: California law requires the estate’s personal representative to finish probate within a year or sometimes 18 months. If a will is contested, or if other complications arise, full probate can take years. There is a helpful diagram of the probate process that provides a visual overview of the steps for filing probate in California and gives an idea of the length of time involved.
What Are The Steps for Filing Probate in California?
Unfortunately, there are a multitude of steps for filing probate in California and the process can take between 5 to 7 months. First, if there is a will, it must be filed with the court within 30 days of the deceased’s death. The probate petition is usually started by the estate’s personal representative named in the will or, if one is not named, by a court-appointed representative. If named in the will, a court must still confirm the personal representative and issue documents authorizing him or her to act as a personal representative. If the personal representative determines that the deceased’s property must pass through full probate (e.g., if it is over $150,000 in value and not community property) the first step is to file a petition for probate. This is a form provided by California courts and filed in the county where the deceased died or, if the deceased was a non-resident of California, in the county where the deceased owned real property. Additional forms are required depending on the particular situation.
After the petition is filed, the court clerk will set a hearing for the case. Notice of the hearing is then sent to all possible beneficiaries of the estate. This notice can be sent by any adult not party to the case.
The personal representative must then gather all assets and file an inventory and appraisal form. Since the personal representative must pay out the estate’s debts, he or she must notify the creditors by sending them the Notice of Administration to Creditors form before paying those outstanding debts.
The probate court then determines who receives the remaining property, and the representative distributes the property. If any real estate is sold, the personal representative must file A Report of Sale and Petition for Order Confirming Sale of Real Property with the court to confirm any sales. The personal representative must prepare and file an estate tax return if the estate earned any income, and must also prepare a final income tax return for the deceased.
After all, this is taken care of, the personal representative must file a final plan and accounting with the court to show how he handled everything as representative. If the court is satisfied that everything was handled correctly, the personal representative is released from his obligations.
Attorney’s fees in a probate proceeding can be very high and are tied to a percentage of the estate and the steps for filing probate in California are complicated. To determine the statutory probate attorney fees in a particular estate, use our online probate calculator. If the will is not contested and no other complications arise, however, a personal representative can probably go ahead with filing for probate on his or her own with a little professional help.
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