This is an area of law that focuses on crime, hence its name criminal law. This area of law is against harmful or threatening actions towards well-being, safety, health, or property of people.
The legislative body of a country passes this law, which includes the penalties that criminals will have to face in violating it. Still, there differences in laws from one country to another.
There are five objectives of this area of law that are widely accepted:
Retribution – Most countries’ goal is to make criminals suffer for causing grief to people. Because of this, there is a huge disadvantage for them when they are caught. It is done to balance things out. This is why we all adhere to the laws of the land to ensure that we do not have to face the repercussions. One example is the person who kills may be sentenced to death as well, which supports the idea of balancing things out.
Deterrence – This is objective aims for people to be discouraged to violate laws by imposing a punishment on a criminal. When the society sees an offender to be subject to a certain penalty, it will pull them back from committing the same offenses.
Incapacitation – This is defined as preventing someone to have legal capacity, which is intended for the public to be safe from the disturbing acts of criminals. This is done through sentencing them to a number of months, years, or a lifetime in prison. Some countries also apply death penalties to some criminals.
Rehabilitation – The goal of the government through this is to convert a criminal into someone who can be of use in the society. When offenders go through this, it is in hopes that they will put an end to doing wrong conduct against people.
Restoration – This is mostly for the victims who have been done wrong by criminals. Its aim is to help the victims get back up to their feet. When someone suffered from financial fraud or theft, they will be repaid for the amount illegally obtained from them.
A criminal defense attorney or criminal attorney comes into the picture. In every case, criminal defense attorney ensures that clients, plaintiff or defendant, will have the chance to win the legal action they need to face. Various criminal cases are handled by criminal law attorney—this ranges from theft, fraud, drug, sex, or violent crimes, etc.
A criminal defence lawyer ensures that there is proper dispute resolution in criminal disputes for the benefit of the clients. With this, a case can be closed with the help of criminal justice attorney.
Civil Law and Civil Dispute
Based on history, civil law was derived from the Roman law. This area of law is about the promotion of order and harmony between people in a society. There are a lot of areas that this branch of law covers, the following are simply some of the examples, they are divorce, medical malpractice, employment law, product liability, intellectual, personal injury, wrongful death, etc. In this sense, anything that is outside the criminal disputes or law falls in the civil dispute. In this kind of cases, a judge or jury decides on the matter at hand inside a courtroom.
Now, civil litigation is when two parties are not looking for criminal punishments but money or something else instead in a legal dispute. Therefore, it is the job of certain lawyers, civil litigation attorney, to ensure that the case is handled properly and their clients are represented appropriately. A civil litigation lawyer is the one that handles or represents people in this kind of cases in this area of law. A civil litigation lawyer is a specialist in this field, dealing with hearings, proceedings, and depositions on behalf of the clients.
There are also ways for people engage in a case to prevent the need of going to the court and face a judge or jury. Resolving civil disputes can also happen through arbitration and mediation. This will also be handled by a civil attorney of choice of the plaintiff and defendants who believe that they are the right people for dispute resolution in civil. This kind of processes will ensure that both parties are guided through a set of procedures in settling civil disputes that will ensure a good settlement will be conducted between them, avoiding the expense that would have been incurred by them when the case is escalated to the courts.
Real Estate Lawyer for Real Estate Dispute
Often times, some people who have got themselves into a contract of purchasing properties like real estate, will face certain problems with developers. These issues include lack of progress in the part of the developers, unexpected payments that were not discussed in the first place, delayed deliverables when it comes to the project, etc. This is why advices from lawyers is needed by people before taking a step in the world of real estate.
These lawyers are specialist in the field of real estate and property wherein they apply their legal skills to. They are around for people to be ensured that proper process is taken into account, and that there are no problems from the first step until everything is done.
There are a real estate laws that are already implemented in the country. The Real Estate Regulatory Authority (RERA) is in support of these laws in order to ensure that both sides have clarity in dealings.
In the UAE, real estate litigation is considered to happen more often than other disputes. This is why lawyers for property disputes are expected to be cautious and have the correct measures applied in representing clients. It is also the job of property dispute lawyers to have the contracts be examined to ensure that the clauses are not risky. When risky clauses are found, the lawyers will have to negotiate with the developers to settle in a safe transaction.
When need be, real estate lawyers are around to ensure that the terms in negotiations with the developers are done properly and are correct. A real estate attorney can also help in the speeding up of the process of settlement for it to turn in your favour. On behalf of the client, real estate litigation attorney will also be a representative to stand at the arbitration with regard to your case.
Islamic Finance Dispute
Islamic finance is all in based on and in accordance with the Sharia law. This law has the list of a number of types of investments that are allowed. It is believed the Islamic banking and finance has been around since seventh century and was only in 1960s that it was formalized. Coincidentally, in this time in the economy, there was a big oil wealth that Islamic finance responds to by the demand for Sharia-compliant practice for the good of the society and economy.
Disputes in this area can also arise. Some of the disputes that can happen are payment of installments, bounced cheques, default paying issues, credit card payment issues, terms and conditions for transactions problems, etc.
Dispute resolution In Islamic banking and finance is mostly done through the Courts. There are circumstances, however, that settling Islamic Finance disputes can take place and be reviewed in an arbitration tribunal. This can be done through two ways: if it is included in the clause in a contract that both parties can settle a dispute in an arbitration tribunal lest a party violates one of the listed clauses in the contract, and in the even that there’s none, the two parties can both agree upon going through an arbitration tribunal to settle the case. If the situation does not fall in any of the two options above, it will be escalated to the Courts where the two parties will have to hire a lawyer to represent them.
This is why lawyers are hired way before a dispute happens and before they have to go through resolving Islamic Finance disputes. To avoid the hassle that a dispute brings, one should be cautious in entering into a contract. If a client does not fancy reading long lines of clause in a contract, it is important that a lawyer goes through it before any signing takes place. With this, you can be ensure that there will be little to no issues that can arise between you and the bank.
Bankruptcy Attorney for Banking and Finance Dispute
Basically, banks can be profit-seeking commercial organizations or government-owned and non-profit institutions. They are all about issuance of currencies, credit cards, debit cards, etc., processing of transaction, deposition collection, and lending money to people with or without interest, depending on the bank. This is where the people usually go to when they are in need of money or need to transfer money, however the situation demands.
Banks are under the laws of the jurisdictions of a country where it is located. These are the regulations that are followed by these institutions and the rules that their own requirements are based. This is how their transactions are governed to ensure fairness and transparency for their clients.
In relation to all of these, banking and finance law is usually applied and included in businesses and corporations. This happens when business owners decide to form a new company and they are in need of a bank account to have their transactions or they are in need of a bank that can lend them the amount they are looking for. Also, it can happen when corporations have purchase stocks, mergers and acquisitions, investments, or bank account tax audits. In all of the aforementioned areas, business litigation lawyers are needed by these businessmen. There are, of course, contracts that will be drafted between the banks and the clients, regulating how investment funds can be spent and accounted for by the company that is applying to them.
To avoid any disputes in the future or to make sure that someone can prevent a dispute or handle settling finance disputes, business owners hire a lawyer for them to be in compliant with the law and all it requires.
There are circumstances as well wherein local bankruptcy attorney has to deal with companies that want go through filing bankruptcy so they can have a good settlement with the bank for not being able to pay their dues.
Some people prefer to form a company with their friends or people they trust. This can help this in creating more ideas and helping them in the areas that they are not exactly fond or an expert of. They form a partnership that might boom or not.
Partnership is common in businesses, especially startups as this can be a positive thing in sharing the capital aside from the ideas and responsibilities. But even in a good relationship, conflicts can arise.
Partnership disputes are common in the business industry as different people have different characteristics. Even when you have worked together for years and deeply trust each other, there can still be shareholder disputes.
Because of this, even if they didn’t want it to happen in the future, an agreement should be made. This is where a lawyer comes in to make a well-drafted partnership agreement to ensure that the partners have something to follow in case business partner disputes arise. This agreement can guide then in the event that it happens. The agreement is usually composed of the role of each partner (their responsibilities and duties), the person who has more control, the business’ procedures that should be followed in decision-making, capital contribution, compensation and distributions, process of partners withdrawing, process in removing partners, the circumstances in which the partnership will or can be dissolved or terminated, and more based on what the partners would deem important to cover.
There are a lot of partnership dispute cases, this is why it is advisable that lawyers are involved from the start. These people can help them in being aware and prepared that big or small business partnership disputes exist so they have to be keen on resolving partnership disputes when the time arise.
However, when it does happen, it’s important that they should have partnership dispute lawyers on their side to assist them in fixing things or ensuring that the stipulations in the agreement are followed. These people can handle partnership dispute resolution procedures, which can aid them in fixing things between them to avoid separation. In the event that they don’t want to make it work, these lawyers can help the parties to have amicable parting.