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Get answers to your legal questions -- in plain English! Find out how to protect your family, your money, your job, and your rights If you're like most people, you probably don't know much about your legal rights and responsibilities -- until you run smack-dab into a messy legal problem. Now revised and updated, this friendly guide helps you get a handle on a wide range of everyday legal issues, decipher legal mumbo-jumbo -- and come out on top. Discover how to: * Protect your child support rights * Arm yourself against identity theft * Clean up your credit and improve your credit score * Hire the right attorney for your needs * Draw up wills and living wills
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by John Ventura, JD
Law For Dummies®, 2nd Edition
Published byWiley Publishing, Inc.111 River St.Hoboken, NJ 07030-5774www.wiley.com
Copyright © 2005 by Wiley Publishing, Inc., Indianapolis, Indiana
Published by Wiley Publishing, Inc., Indianapolis, Indiana
Published simultaneously in Canada
No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise, except as permitted under Sections 107 or 108 of the 1976 United States Copyright Act, without either the prior written permission of the Publisher, or authorization through payment of the appropriate per-copy fee to the Copyright Clearance Center, 222 Rosewood Drive, Danvers, MA 01923, 978-750-8400, fax 978-646-8600. Requests to the Publisher for permission should be addressed to the Permissions Department, John Wiley & Sons, Inc., 111 River Street, Hoboken, NJ 07030, 201-748-6011, fax 201-748-6008, or online at http://www.wiley.com/go/permissions.
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ISBN: 978-0-7645-5830-6
Manufactured in the United States of America
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John Ventura was a small-business owner, best-selling author, and attorney. He was also a national authority on consumer and small business financial and legal problems.
John earned an undergraduate degree in journalism and a law degree from the University of Houston. He envisioned providing ordinary people with affordable, caring legal services, and he hoped to educate people on how to use the law to protect their rights.
He and a partner established a law firm in Texas, building it into one of the most successful consumer bankruptcy firms in the state. When the partnership ended, John established the Law Offices of John Ventura in the Rio Grande Valley of Texas. He also had a fourth office in Corpus Christi. His firm offered legal advice and assistance in the areas of bankruptcy and personal injury. During his 27 years as an attorney, John’s firm helped more than 12,000 consumers and small-business owners.
John was a frequent guest on radio programs across the country. He was interviewed by such publications as The Wall Street Journal,Newsweek,Inc.Magazine,Money Magazine,Kiplinger’sPersonal Finance Magazine,Playboy,The New York Times, and The Chicago Tribune. He was also a guest on National Public Radio, CNNfn, CNBC, and Bloomberg Television and Radio.
John wrote about small business and consumer legal issues for a number of local publications in Texas. In addition, he was the author of 12 books for consumers and small-business owners.
To my brother Frank, who is always there for me, and his wife, “Cool Janet.”
Thank you to Mary Reed, whose vision matches my own and whose hard work on our projects far exceeds mine. I also want to thank her for the sound of the wind chimes I often hear when we talk by phone. They remind me that life can be simple and sweet.
Also, a heartfelt thank you to the people I work with every day: my friends and associates at the Law Offices of John Ventura, P.C. They guarded my time when I needed to work on this book, and they share my pleasure in helping people resolve their legal problems.
Thank you to Tim Gallan, my project editor for this book, and Elizabeth Rea, my copy editor. I truly appreciated their invaluable questions and comments during the editing process. They helped make this book better. Finally, a special thanks to my agent, Carol Mann.
We’re proud of this book; please send us your comments through our Dummies online registration form located at www.dummies.com/register/.
Some of the people who helped bring this book to market include the following:
Acquisitions, Editorial, and Media Development
Senior Project Editor: Tim Gallan
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Copy Editor: Elizabeth Rea
Editorial Program Assistant: Courtney Allen
Technical Editor: Moises Salas
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Editorial Assistants: Hanna Scott, Melissa S. Bennett, Nadine Bell
Cover Photos: © Getty Images/Photodisc Blue
Cartoons: Rich Tennant, www.the5thwave.com
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Proofreaders: Leeann Harney, Jessica Kramer, Aptara
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Title
Introduction
About This Book
Conventions Used in This Book
How This Book Is Organized
Icons Used in This Book
Where to Go from Here
Part I : Basic Legal Stuff
Chapter 1: All About Our Legal System
What Are Laws and Where Do They Come From?
Civil Law versus Criminal Law
Our Court Systems
All about Contracts
What to Expect If You’re Involved in a Lawsuit
Chapter 2: Do It Yourself: Solving Your Own Legal Problems
Easy Ways to Solve Legal Problems
Dispute Resolution: Burying the Hatchet
The People’s Court
Chapter 3: Solving Legal Problems with an Attorney
When You Need an Attorney
Why You Need an Attorney
What to Look For in an Attorney
Where to Find an Attorney
Getting to Know You, Getting to Know All About You
Talking Dollars and Cents
The Attorney-Client Relationship
If You’re Unhappy with Your Attorney
Why Didn’t I Think of That First?
Can’t I Act as My Own Attorney?
Part II : Laws That Affect Your Daily Life
Chapter 4: Relationships, Marriage, and Divorce
Love No Longer Equals Marriage
Living Together
Getting Married
Breaking Up Can Be Hard to Do
Deadbeat Dads . . . and Moms
Unmarried Women and Child Support
Chapter 5: Parenting and Child Care
To Be or Not to Be a Parent
Being a Parent Is Serious Stuff
Defining the Roles of Legal Guardians and Foster Parents
Protecting Against Abuse and Neglect
The Ins and Outs of Adoption
Using a Surrogate
Child Care
Chapter 6: The Law and Your Job
Applying for a Job
Dealing with Job Offers That Come with Conditions
Legal Issues on the Job
Dealing with Employment-Related Discrimination
Sexual Harassment
Safety on the Job
What Your Employer Has the Right to Know about You
Calling It Quits
Chapter 7: Driving and the Law
Getting Your Driver’s License
The Rules of the Road
Uh Oh! Stopped by the Cops
Getting Tickets
Accidents Happen
Drinking and Driving
The Responsibilities of Owning a Vehicle
Chapter 8: Privacy: Do You Really Have Any?
Who Knows What About Me?
The Federal Privacy Act
The Right to Financial Privacy Act
The Federal Identity Theft and Assumption Deterrence Act
The Federal Health Insurance Portability and Accountability Act
Post-9/11 Inroads into Your Privacy: The Patriot Act
Part III : The Law and Your Money
Chapter 9: So You Want to Be an Entrepreneur!
Getting Off to the Right Start
Working out of Your Home
Making Nice with the IRS
Knowing Your Employees
Patents, Trademarks, and Copyrights
When Good Businesses Go Bad: Bankruptcy
Chapter 10: Credit: Getting It, Using It, Losing It, Rebuilding It
Getting Credit
Using Credit and Protecting Your Credit Record
When You Can’t Pay Your Bills
The Credit Repair Organizations Act
Chapter 11: Smart Spending
Shopping by Mail or on the Internet
Knock Knock: Buying from a Door-to-Door Salesperson
Avoiding Scams: Do I Have a Deal for You!
Buying a Product on Warranty
Chapter 12: Buying and Selling a Home
Finding a Home to Buy
Working with an Agent or Broker
If You’re the Seller
If You’re the Buyer
Finding a Mortgage
Closing the Deal as the Buyer
Closing and the Seller
Buying or Building a New Home
Part IV : Tough Stuff: Being Sick, Getting Older, Dying
Chapter 13: Your Health Care Rights
Power to Patients!
Your Rights If You’re HIV-Positive or Have AIDS
Fighting Medical Malpractice
Paying for Your Medical Expenses
Chapter 14: Getting Older: We All Do It
Financing Your Retirement
Managing Medicare
Nursing Home Care
Home Health Care
Other Residential Options for Seniors
Chapter 15: Estate Planning
What Does Estate Planning Involve and How Do I Do It?
The Importance of an Estate Planning Attorney
Starting with a Will
Alternatives to a Will
Taxes (Of Course)
Planning for Your Incapacitation
Chapter 16: Death and Dying: Doing It Gracefully
Laying It Out in a Living Will
Giving Someone a Durable Power of Attorney for Your Health Care
If You Don’t Have a Living Will or Durable Power of Attorney for Health Care
Planning Your Funeral Without Getting Ripped Off
Euthanasia, Doctor-Assisted Suicide, and Your Right to Die
Part V : Crime and Punishment
Chapter 17: Do the Crime, Do the Time
What Is a Crime?
Types of Crimes
Getting Arrested
The Trial
Your Rights as a Prisoner
If You’re the Victim of a Crime
Chapter 18: Juvenile Law: The Times Are Changing
Juveniles and the Law
If Your Child Gets Arrested
The Changing Road to Justice in Juvenile Hearings
What May Happen If Your Child Is Found Guilty in Juvenile Court
Harsher Treatment for Some Juveniles
Parents Beware: The Laws May Hold You Accountable!
Part VI : The Part of Tens
Chapter 19: More Than Ten Ways to Avoid Legal Problems
Increase Your Legal IQ
Think Before You Act
Use Common Sense
Commit Important Agreements to Writing
Purchase Adequate Insurance
Keep Your Debt to a Minimum and Save Regularly
Be Forgiving in Your Dealings with Others
Don’t Argue with Law Enforcement Officials
Don’t Thumb Your Nose at the IRS
Don’t Mix Flirtation with Business
Meet Your Child Support Obligations
Don’t Set Up Your Business as a Partnership
Plan Your Estate
Chapter 20: Ten Common Mistakes Consumers Make When Hiring an Attorney
Not Asking an Attorney to Come Down in Price
Thinking That Lawyers Who Advertise Should Be Avoided
Hiring an Attorney You Don’t Feel Comfortable With
Not Avoiding Attorneys Who Win by Intimidation
Hiring an Attorney Because You’re Angry and Want to Get Even
Not Telling Your Attorney Everything about Your Case
Hiring Someone You Know to Represent You
Not Checking Your Attorney’s Courtroom Track Record
Not Getting a Written Contract or Agreement of Representation
Not Making Certain That Your Attorney Doesn’t Have a Conflict of Interest
Not Interviewing More Than One Attorney
I’ve been a practicing attorney for nearly 30 years, and during that time, I’ve counseled many, many consumers and small business owners. Through my work, I’ve come to realize that most people are woefully ignorant of the laws that affect their lives, and they often pay a steep price for their ignorance.
Ignorance causes many people to be denied important loans due to credit bureau errors that they don’t know how to correct. It gets some people in trouble with the IRS because they don’t understand their obligations as business owners. Others have their legal rights violated by unscrupulous employers or end up in needless and expensive lawsuits because they don’t understand their legal rights and obligations or their options for addressing legal problems without lawsuits. Still other consumers are taken advantage of by telemarketers, credit repair firms, and debt counseling firms that are out to make a buck off of someone else’s financial troubles, or they can’t get their landlords to make much-needed apartment repairs.
Therefore, eight years ago, I decided to write a book that would explain the law to everyday people in simple, straightforward language, not in legal mumbo-jumbo. I wanted to cover many of the laws that affect our lives: workplace and employment laws; laws relating to personal finances, retirement, and health care; and laws relating to families, housing, divorce, and even privacy.
I wanted my book to help readers “take the law into their own hands,” so to speak. I don’t mean that I wanted them to become vigilantes; rather, I wanted to provide them with reliable, easy-to-understand information about their legal rights, responsibilities, and obligations so that they could make the laws in their lives work for them, not against them. I wanted readers to have the information they needed to avoid legal problems and, when problems did develop, resolve them as quickly as possible with a minimum amount of cost and hassle. My book would also give readers a better understanding of when to call an attorney and how to find a good one they can afford.
The book I dreamed of is this book, Law For Dummies.
And now, I’ve written the second edition of that book — the new and improved version. I’ve updated all the information in the first edition to include details about the trends in our society that are changing our laws as well as information about new laws you should know about that were passed after the first edition was published. For example, I expanded the chapter on privacy because protecting our personal, medical, and financial information has become harder to do, especially because the crime of identity theft now threatens each of us every day. Also, I’ve updated the chapter on credit to reflect major changes that Congress has made to the federal Fair Credit Reporting Act, the law that gives you certain rights when it comes to credit reporting agencies and your credit records. I’ve also expanded the discussion on credit scores.
If you’re like many Americans today, you probably feel overwhelmed by the rules, regulations, and red tape that seem to govern and complicate every aspect of your daily life. Every time you turn around, another law is telling you what to do and how to do it, or what not to do and what will happen if you do! As Anatole France once said about us, “America, where thanks to Congress, there are 40 million laws to enforce 10 commandments!”
As our laws and our society have become more complicated, many of us have responded by becoming dependent on attorneys to tell us our rights and help us resolve our problems — often by filing lawsuits. In fact, we’ve become the most litigious country in the world! If you’re a consumer, you’re paying higher prices because of our nation’s litigiousness. If you’re a business owner, your bottom line is being hurt.
So, what can we do? I say this: Get smart. Become informed about the law. Understand how to avoid legal problems and how to resolve them yourself when you can. Knowledge is power!
But where do you get the knowledge? You probably didn’t get much legal education in high school or college. I know I didn’t, and neither did my kids. And most people aren’t going to teach themselves about the law unless they want a sure cure for insomnia. Traditionally, the unfortunate reality has been that most of us don’t get a legal education until we have a legal problem — that’s an expensive way to learn, both emotionally and financially!
This new edition of Law For Dummies helps you become more informed about your legal rights, responsibilities, and obligations in a wide range of subject areas. It also improves your understanding of how to use laws without resorting to attorneys. Here are just a few of the legal problems that this book addresses:
You’ve been denied an important loan because of incorrect information in your credit report, and you don’t know how to get the erroneous information removed.
You’re thinking about working with a debt or credit counseling firm but you’ve heard a lot of negative things about those sorts of firms, and you don’t know how to tell a good one from a rip-off.
Your ex-spouse, who lives in another state, has suddenly stopped making his or her child support payments. You depend on that income to help meet your children’s needs, but you don’t know your rights or who can help you.
Credit accounts that you don’t recognize show up in your credit reports. You’re afraid that you may be the victim of identity theft, but you don’t know how to get your identity back and undo any damage the thief may have done to your finances.
You run a small business and frequently use independent contractors to help you accomplish your work. Recently, you were talking with another business owner who told you that she’s in hot water with the IRS because two workers she treated as independent contractors were actually employees according to the IRS. She’s worried about how to come up with the back taxes that the agency claims she owes for the misclassified workers. Now you’re concerned that you may also be misclassifying workers, and you’re wondering what your options are if you end up in the same situation as your friend.
Your strong-willed, elderly father is in a nursing home and doesn’t want to be there. He’s also refusing the medical treatment that his doctor has ordered. Is there anything you can do?
Your next-door neighbor isn’t maintaining his property. Not only has it become an eyesore, but also you’re worried that the collecting garbage may be a danger to the children in your neighborhood. What can you do to get your neighbor to clean up his act? Can you get your local government to help, or do you need to take legal action?
If you’ve ever seen an episode of Law & Order, you probably know that the law is full of all kinds of technical jargon. When explaining legal terms in this book, I use italics to highlight the defined words.
Sometimes I go off on a tangent and present an interesting anecdote or explain a concept that may or may not be of interest to most readers. In these instances, I place the text in sidebars, which are the gray boxes you’ll see from time to time throughout the book.
Law For Dummies, 2nd Edition, starts out with the general in Part I and then moves on to cover the specifics in the remaining parts. The following sections briefly describe what you’ll find in each part:
The first three chapters introduce you to this country’s legal system, including its philosophical underpinnings; explain the jurisdictions of the various courts in our country, from small claims to the Supreme Court; and discuss alternatives to lawsuits, specifically things you can do to resolve your own legal problems. And if an attorney’s help is necessary, these early chapters provide practical information about how to find and work with a good one.
This part covers a whole range of seemingly unrelated topics — everything from family law and your job to driving and privacy. The common thread among these chapters is that they discuss laws that affect some of the most important aspects of your everyday life: your family, your job, driving from here to there and back, and maintaining the privacy of your personal, medical, and financial information.
The information in the first chapter in this part is for those of you who own your own business or aspire to someday. The next two chapters cover everyday money matters, from using credit wisely and rebuilding your financial life after serious money troubles to spotting a scam and buying a used car. The last chapter is all about buying and selling your home.
Getting sick, growing old, and dying happen to the best of us. Yet, these facts of life can be troubling to deal with, not to mention frightening sometimes. How are we going to pay for the health care we or a loved one may need? How are we ever going to fund our retirement? What can we do to make sure that our loved ones are well cared for after we die? What resources can help us? The chapters in this part will help you understand the laws governing things like medical care, pensions, and estate planning.
In this part, I cover two topics everyone hopes they won’t have to become experts about — criminal law and juvenile law.
Every For Dummies book ends with some top-ten lists, and this one is no different. In this part, I present the following topics:
Easy ways to avoid legal problems
Common mistakes consumers make when hiring an attorney
What do those funny little pictures in the margins mean? Read on.
This arrow and dartboard targets information that will help you solve problems or simply get things done in an efficient manner.
This icon flags particularly noteworthy information — stuff you shouldn’t forget.
You don’t have to read the information next to this nerdy guy because it relates to more technical aspects of the law. If, however, you’re faced with a legal problem and want to learn as much as possible about the law involved, the technical stuff can be helpful. And if you want to impress (“bore” may be a more appropriate word) your friends and family members with your grasp of the law, the technical stuff is just what you need!
This icon flags all kinds of dangers and scams you should avoid. Heed the advice next to this icon to avoid headache, heartache, hair loss, and financial ruin.
This icon calls your attention to the location of additional information available on the Internet. For example, if you want to learn all about the many aspects of running your own business, go to Business Owners’ IdeaCafé at www.businessownersideacafe.com. And if you want to download a living will that’s legally valid in your state, go to www.partnershipforcaring.org.
The law can get pretty dry and boring, so occasionally this book uses real-life stories to illustrate legal problems. If you want to read about everyday people and the law, look for this icon.
If you have a specific question about the law as it relates to a particular area of your life, just turn to the chapter that talks about that area. (Peruse the table of contents or look up the topic in the index.) For example, if you’re fired from your job and you want to know your rights, refer to Chapter 6. If you and your spouse are buying a home — the single biggest financial transaction you’ve ever made — and you want to be sure that you do everything right, read Chapter 12. And if you’re a small business owner with a home-based business and you want to avoid problems with the IRS, Chapter 9 is the one for you.
If you want, you can read the book cover to cover to gain a more comprehensive understanding of the American legal system. That way, if you encounter legal problems later in life, you’ll already be aware of a law that can help you.
In this part . . .
It’s difficult to understand the law if you don’t first know how this country’s legal system works. The first chapter in this section discusses the court system, civil trials, and contracts. The next chapter presents ways that you can solve basic legal problems without the help of an attorney, and I wrap up this part by helping you discern when you need an attorney and how to find the right one for you.
Defining laws
Drawing the line between civil law and criminal law
Breaking down the court system
Diving into contracts
Following the lawsuit process
What do you think of when you hear the words legal system? If you’re like many Americans, you probably think of a courtroom where lawyers, using language you can’t understand, argue with one another, and where a jury of people you don’t know, or a judge in a black robe behind an imposingly high desk, makes decisions about your life using laws you know little or nothing about. That’s an intimidating image, but it’s only a very small part of the picture! Our legal system is much more than just courtroom action.
This chapter expands your definition of what our legal system is by providing you with information you probably never got in high school — or don’t remember learning, anyway. Maybe you slept through class the day these things were covered! With a more complete understanding of our legal system, you’re better able to avoid getting into legal hot water, and you feel more confident about exercising your legal rights when you do.
And now for your remedial crash course on our legal system. . . .
Our laws reflect society’s standards, values, and expectations. They establish “the rules of the game” in our personal interactions and in our business dealings, helping to ensure that we’re treated fairly and that we treat others fairly, too. Laws establish our responsibilities and our rights and help us both avoid problems and resolve problems.
Lesen Sie weiter in der vollständigen Ausgabe!
Lesen Sie weiter in der vollständigen Ausgabe!
Lesen Sie weiter in der vollständigen Ausgabe!
Lesen Sie weiter in der vollständigen Ausgabe!
Lesen Sie weiter in der vollständigen Ausgabe!
Lesen Sie weiter in der vollständigen Ausgabe!
Lesen Sie weiter in der vollständigen Ausgabe!
Lesen Sie weiter in der vollständigen Ausgabe!
Lesen Sie weiter in der vollständigen Ausgabe!
Lesen Sie weiter in der vollständigen Ausgabe!
Lesen Sie weiter in der vollständigen Ausgabe!
Lesen Sie weiter in der vollständigen Ausgabe!
Lesen Sie weiter in der vollständigen Ausgabe!
Lesen Sie weiter in der vollständigen Ausgabe!
Lesen Sie weiter in der vollständigen Ausgabe!
Lesen Sie weiter in der vollständigen Ausgabe!
Lesen Sie weiter in der vollständigen Ausgabe!
Lesen Sie weiter in der vollständigen Ausgabe!
Lesen Sie weiter in der vollständigen Ausgabe!
Lesen Sie weiter in der vollständigen Ausgabe!
Lesen Sie weiter in der vollständigen Ausgabe!
Lesen Sie weiter in der vollständigen Ausgabe!
Lesen Sie weiter in der vollständigen Ausgabe!
Lesen Sie weiter in der vollständigen Ausgabe!