- Adoption
- AnnulmentA defeasible estate is created when a grantor transfers land conditionally. Upon the happening of the event or condition stated by the grantor, the transfer may be void or at least subject to annulment. (An estate not subject to such conditions is called an indefeasible estate.) Historically, the common law has frowned on the use of defeasible estates as it interferes with the owners' enjoyment of their property and as such has made it difficult to create a valid future interest. Unless a defeasible estate is clearly intended, modern courts will construe the language against this type of estate. Three types of defeasible estates are the fee simple determinable, fee simple subject to an executory limitation or interest, and the fee simple subject to a condition subsequent.
- Wrongful DeathThe plaintiff is or was the patient, or a legally designated party acting on behalf of the patient, or – in the case of a wrongful-death suit – the executor or administrator of a deceased patient's estate.
- Traffic ViolationsAmong male drivers between 15 and 20 years of age who were involved in fatal crashes in 2005, 37% were speeding at the time of the crash and 26% had been drinking.8,9
- MisdemeanorsProof of Insurance (NOTE: Anyone presenting proof of insurance that they know is not valid is guilty of a misdemeanor of the first degree.)
- ForgerySince illegal immigrants without proper legal status have no valid identification documents such as identity cards, they may have reduced or no access to public healthsystems, proper housing, education and banks. This lack of access may result in the creation or expansion of illegal underground forgery to provide this documentation.
- ProstitutionSince the fall of the Iron Curtain, Western Europe is being confronted with a serious problem related to the sexual exploitation of illegal immigrants (especially from Eastern Europe), for the purpose of prostitution.
- Corporate LawCall Miami Real Estate Lawyer Isaac Benmergui at 305.397.8547 and set up a no charge, no obligation consultation to discuss your case.
- Business DisputesCommercial law (sometimes known as business law ) is the body of law that governs business and commercial transactions. It is often considered to be a branch of civil law and deals with issues of both private law and public law. It is also known as co-lit by various administrative clerks.
- Business TransactionsArbitration, a form of alternative dispute resolution (ADR), is a legal technique for the resolution of disputes outside thecourts, wherein the parties to a dispute refer it to one or more persons (the "arbitrators", "arbiters" or "arbitral tribunal"), by whose decision (the "award") they agree to be bound. It is a settlement technique in which a third party reviews the case and imposes a decision that is legally binding for both sides. Other forms of ADR include mediation (a form of settlement negotiation facilitated by a neutral third party) and non-binding resolution by experts. Arbitration is most commonly used for the resolution of commercial disputes, particularly in the context of international commercial transactions. The use of arbitration is far more controversial in consumer and employment matters, where arbitration is not voluntary but is instead imposed on consumers or employees through fine-print contracts, denying individuals their right to access the courts.
- Intellectual PropertyIntellectual property ( IP ) is a term referring to a number of distinct types of creations of the mind for which property rights are recognised--and the corresponding fields of law. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Common types of intellectual property include copyrights, trademarks, patents, industrial design rights and trade secrets in some jurisdictions.
- Real Estate LitigationReal estate is a legal term (in some jurisdictions, such as the United Kingdom, Canada, Australia, USA and The Bahamas) that encompasses land along with improvements to the land, such as buildings, fences, wells and other site improvements that are fixed in location—immovable. Real estate law is the body of regulations and legal codes which pertain to such matters under a particular jurisdiction and include things such as commercial and residential real property transactions. Real estate is often considered synonymous with real property (sometimes called realty), in contrast with personal property (sometimes called chattel or personalty under chattel law or personal property law).
- Premises Liability
- Construction LitigationMiami Commercial Litigation Attorney, Isaac Benmergui defends the rights of his clients throughout the Miami Dade area. If you are a property owner, we want to help you protect your investment against construction defects or unscrupulous contractors. While we try to mediate whenever possible to seek a timely and cost-effective resolution, we will aggressively litigate whenever necessary. Mr. Benmergui has been involved in complex commercial litagation matters, contract disputes, real estate claims and other matters involving arbitration throughout Miami dade and South Florida.
- Real Estate TransactionsProfessional university-level education in real estate is primarily focused at the graduate level. Focus in towards the commercial real estate sector, primarily real estate development or investment rather than residential real estate sales conducted by a REALTOR.
- Eminent DomainAllodial title is a concept in some systems of property law. It describes a situation where real property (land, buildings and fixtures) is owned free and clear of any superior landlord. Allodial title is secured by various state constitutions. An individual's allodial title is alienable, in that it may be conveyed, devised, gifted, or mortgaged by the owner, and may also be distressed and restrained for collection of taxes or private debts or condemned (eminent domain) by the government.
- Land Use and Zoning
- Landlord-Tenant DisputesLandlord-tenant laws existed in places such as Andalusia, and laws governing such relationships can be found in the Code of Hammurabi. However, the common lawof the landlord-tenant relation evolved in England during the Middle Ages. That law still retains many archaic terms and principles pertinent to a feudal social order and an agrarian economy, where land was the primary economic asset and ownership of land was the primary source of rank and status. See also Lord of the Manor.
- Condominium LawThe first condominium law passed in the United States was in the Commonwealth of Puerto Rico in 1958. English Common law tradition holds that real property ownership must involve land, whereas the French civil law tradition recognized condominium ownership as early as the 1804 Napoleonic Code; thus, it is notable that condominiums evolved in the United States via a Caribbean government with a hybrid common-civil legal system. In 1960, the first condominium in the Continental United States was built in Salt Lake City, Utah. Initially designed as a housing cooperative (Co-op), the Utah Condominium Act of 1960 made it possible for "Graystone Manor" (2730 S 1200 East) to be built as a condominium. The legal counsel for the project, Keith B. Romney is also credited with authoring the Utah Condominium act of 1960. Romney also played an advisory role in the creation of condominium legislation with every other legislature in the U.S. Business Week hailed Romney as the "Father of Condominiums". He soon after formed a partnership with Don W. Pihl called "Keith Romney Associates", which was widely recognized throughout the 1970s as America's preeminent condominium consulting firm.
- Citizenship and Naturalization
- Green Cards
- Student Visas
- Work Visas
- Investor VisasAn applicant for a Treaty Trader (E-1) or Treaty Investor (E-2) visa must first establish that the trading enterprise or investment enterprise meets the requirements of the law, and complies with the many requirements for the E visa classification. The consular officer may provide the applicant with special forms for this purpose. The applicant can expect the consular officer to request additional documentation, to make a determination about eligibility for a treaty trader or treaty investor visa. It is impossible to specify the exact documentation required since circumstances vary greatly by applicant.
- Personal InjuryContact Florida Real Estate Attorney in Bal Harbour, Miami, Florida | Florida Personal Injury, U.S. Immigration and Commercial Litigation Lawyers
- Medical MalpracticeMedical malpractice is professional negligence by act or omission by a health care provider in which care provided deviates from accepted standards of practice in the medical community and causes injury or death to the patient. Standards and regulations for medical malpractice vary by country and jurisdiction within countries. Medical professionals are required to maintain professional liability insurance to offset the risk and costs of lawsuits based on medical malpractice.
- Auto Accidents
- Estate PlanningIn the United States, a life estate is typically used as a tool of an estate planning. A life estate can avoid probate and ensure that an intended heir will receive title to real property. For example, Al owns a home and desires that Bill inherit it after Al's death. Al can effectuate that desire by transferring title to the home to Bill and retaining a life estate in the home. Al keeps a life estate and Bill receives a vested fee simple remainder. As soon as Al dies, the life estate interest merges with Bill's remainder, and Bill has a fee simple title. Such transfer of interests make unnecessary the use of a will and eliminates the need to probate the asset. The disadvantage to the grantor, however, is that the grant to the remainderman is irrevocable. "Beneficiary deeds" have been statutorily created in some states to address this issue.
- Bankruptcy
- ForeclosureA Deed in Lieu of foreclosure (DIL) is a disposition option in which a mortgagor voluntarily deeds collateral property in exchange for a release from all obligations under the mortgage. A DIL of foreclosure may not be accepted from mortgagors who can financially make their mortgage payments.
- Tax Law