Your Guide to Understanding Legal Issues

Career Exploration: Government Contracts Attorney Positions

Job Responsibilities of a Government Contracts Attorney

A government contracts attorney is a legal expert who focuses on the laws, regulations, and government policies that govern the contracting process. These professionals hold a wealth of knowledge about the Bid Protest Process and are able to use their skills to assist contractors in many aspects of the procurement process.
One of the primary duties of a government contracts attorney is to navigate the complex series of laws and regulations surrounding the request, acceptance, and fulfillment of government contracts. A government contracts attorney represents the interest of either a government agency or private contractor as they seek, accept, and complete a contract with the federal government.
Whether an attorney is representing a private contractor or the government, they are most often called upon during the negotiation phase of a contract. These professionals work side-by-side with legal counsel to the government as well as the project manager, bids and proposals, contracts, finance, and quality assurance teams to ensure that all terms of the contract are adhered to by both parties and that the deal is mutually beneficial.
In addition to the negotiation process , government contracts attorneys also conduct research and analysis of briefly proposed contracts, helps to develop the proposal, and draws out any potential risk that may be associated with a contract made by their client. They are well-versed in the solicitation process, which includes the evaluation and award of a contract, and can also assist with the bid protest process should they need to challenge a contract award or termination.
They are often relied upon by both government and private contractors for their expertise in laws and regulations regarding contract awards, terms, and guarantees. A government contracts attorney can assist with a wide variety of tasks, including:
A government contracts attorney plays a significant role in both the public and private sectors. In the government sector, they are often relied upon to navigate the intricacies of contract procurements and protests. In the private sector, government contracts attorneys can assist in determining whether a contract should be accepted.
They are an invaluable resource for any government agency or private company that contracts with the government.

Explaining Iowa Consent Laws: The Definitive Overview

What Are Iowa’s Consent Laws?

Consent laws pertain to when someone is legally able to enter into a contract, get married and have sexual relations. In the United States, the legal age of consent is 18 years old. However, there are exceptions, such as if the both people involved are a minor (legal ages between 10 and 17 vary by state) or there is a big difference between the ages (often 3 or 4 years). Because of this, consent laws vary by state.
In Iowa, only people over 18 can consent to have sex. If one of the two people is a minor , it is up to the state to determine whether or not the alleged abuser is prosecuted. Iowa law states that any person who commits a sex act with someone under the age of 12 has committed a class A felony and faces 25 years of imprisonment. Anyone who commits a sex act with someone between the ages of 12 and 15 has committed a class C felony, and any person described as a "cognitively impaired adult" has committed a class B felony punishable by at least 5 years and up to 25 years in prison.

Template for Co-Ownership Agreement: Key Provisions and Guidance

Co-Ownership Agreements Explained

When two or more individuals seek to acquire a property, either commercial or residential, it is often necessary for the parties to enter into an agreement with respect to the ownership of the property ("Co-Ownership Agreement"). This is especially important in situations where the property is titled in one party’s name as opposed to both party’s name and/or where one party is making a greater contribution towards the purchase of the property. Such agreement will set out the terms and conditions by which the parties own and/or control the property.
It is important to note that, for tax and liability reasons, the parties generally take title to the property under a corporate entity (i.e. Corporation, Limited Partnership, Limited Liability Partnership) or another entity that best suits their needs (i.e. Tradename , Joint Venture, Venture, Non-Profit, Trust, etc.). While we will not get into the specifics of such entities, it is important to distinguish between a Co-Ownership Agreement and a Real Estate Purchase Agreement (where parties purchase property and then take title under a single entity). The main purpose of a Co-Ownership Agreement is to set out the parties’ expectations and intentions regarding the property and ownership of said property whereas a Real Estate Purchase Agreement merely sets out the terms and conditions by which the parties acquire a property. More simply, the Co-Ownership Agreement deals with the ownership and control of a property whereas the Real Estate Purchase Agreement deals with the purchase and sale of a property.

Connecticut Tree Laws: A Complete Guide

Tree-Related Laws in Connecticut

Continuing with our theme of tree law, tree law cases, and tree law decisions in Connecticut, let’s take a little pause to consider the origins and purposes of Connecticut tree laws. Knowing what to do when a tree fails is important. Knowing why Connecticut has set specific rules for dealing with tree law issues is also important.
Connecticut trees, whether planted or natural, can pose all kinds of safety and liability problems. Fallen trees and branches can injure people, cause severe property damage, and obstruct traffic as well as power lines. Because trees can pose growing risks to safety, Connecticut law requires property owners to maintain a reasonable standard of care to manage trees on their property. Trees that are determined to be a nuisance can lead to civil damages if a court or jury finds the trees are a threat to life or limb, or cause other damages. Connecticut law specifically carves out areas where prior notice is required before a lawsuit can be filed against a municipality for damage for injury or destruction involving a tree that has fallen.
Additionally, Connecticut recognizes the right of its municipalities—cities and towns—to pass individual ordinances and local laws dealing with the care and treatment of trees. While most towns in Connecticut have not exercised their right to pass tree protections , some municipalities have passed ordinances for the greater protection of trees within their borders. These local rules, like state law, are important to local residents depending upon the regulations imposed by their municipality.
Trees can also be a common issue when it comes to eminent domain and property seizures of real estate (including eminent domain for public parks as we noted in our post earlier this month). Eminent domain issues can result in tree removal when an entire tree must be removed to make way for new construction or road expansion. In other situations, there are ways to sever just the roots or lower limbs of trees without damaging the tree.
In addition to all these legal issues, trees are a matter of aesthetics and the value they bring to our towns, suburbs, and cities add to the quality of life in Connecticut. Trees are a part of the fabric and character of Connecticut. Tree laws and decisions are important to protect the opportunities to see and experience trees in the state.
Tree law in Connecticut is complex and sometimes challenging. Hopefully, this post provides some useful information to appreciate tree laws even more.

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).