JURY TRIALS

JURY TRIALS

The right to a trial by jury is protected by the United States Constitution, but this provision only relates to federal trials, not state trials. Traditionally juries are composed of 6-12 members. In order for a decision to be rendered by the jury unanimity is generally required, unless the parties in a case have agreed otherwise.

The judge is tasked with the job of instructing the jury as to the relevant law. However, it is important to note that any party wishing to object to the judge’s instructions on appeal must do so prior to the jury retiring to render a formal decision. If your case goes to trial we highly recommend you contact a Nevada attorney who can apprise you of your rights.


Disclaimer: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. If you have questions or need specific advice relating to the matters contained herein, please contact Lovaas & Lehtinen, P.C.

IMPORTANCE OF ENTITY PROTECTION – LIMITED PERSONAL LIABILITY-DRAFTING CONTRACTS

IMPORTANCE OF ENTITY PROTECTION – LIMITED PERSONAL LIABILITY

EARLY INVOLVEMENT OF YOUR NEVADA BUSINESS LAWYER IS ESSENTIAL

Drafting Contracts

A contract is a legally binding exchange of promises between two or more parties to do or refrain from doing, an act. As such, in the event of a breach, the law will provide a remedy. In order to form a validly executed contract the law requires an offer, acceptance of that offer, and consideration (the price of the promise).

Although the basic elements of contract are fairly simplistic, in practice it proves far more nuanced. As such, contract formation necessitates the services of an attorney to ensure that each transaction results in desirable legal and financial outcomes. Attorneys will be able to provide contract related services in an effort to minimize your legal risk.

In the case of a standardized form contract (not drafted by your attorney to meet your specific needs) certain provisions may turn out unfavorably to your interests. Moreover, if you write in certain clauses within a contract and they are ambiguous in any way, Nevada law dictates that they will be construed against you, resolving the deficiency in favor of the non-drafting party. Therefore, retaining an attorney when drafting a contract is essential to providing you with the utmost in protection


Disclaimer: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. If you have questions or need specific advice relating to the matters contained herein, please contact Lovaas & Lehtinen, P.C.

IMPORTANCE OF ENTITY PROTECTION – LIMITED PERSONAL LIABILITY-EARLY INVOLVEMENT OF PROFESSIONALS

IMPORTANCE OF ENTITY PROTECTION – LIMITED PERSONAL LIABILITY

EARLY INVOLVEMENT OF YOUR NEVADA BUSINESS LAWYER IS ESSENTIAL

Importance of Having your Attorney as your Registered Agent (continued)

There are many advantages when designating your attorney as your third-party registered agent. First, since the registered agent list is one of public record, the agent’s legal address will be the one listed in all official public documents. Second, an attorney agent allows the business owner to travel for business or pleasure without the risk of default judgment because of a missed lawsuit. Third, attorney agents can easily maintain systems to keep track of filings, notifications and publishing requirements of business entities to ensure that it misses none of the requisite government filings. Fourth, an attorney agent can ensure that your business remains in “Good Standing” within the jurisdiction in which it resides. Fifth, receiving service of process at a company’s primary place of business can spark rumors among customers and employees. Thus, designating a separate address for receiving service of process avoids this issue altogether. Sixth, attorneys understand the law regarding service of process and proper registration, thus, assisting a business entity to avoid liability.


Disclaimer: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. If you have questions or need specific advice relating to the matters contained herein, please contact Lovaas & Lehtinen, P.C.

JUDGMENT WITHOUT TRIAL - PARTIAL SUMMARY JUDGMENT

JUDGMENT WITHOUT TRIAL - There are multiple ways in which cases are adjudged without a trial. In fact, a substantial majority of cases are decided prior to trial. An example of such a way is outlined below.

1. Partial Summary Judgment

Partial summary judgment may also be granted by a court. In this instance summary judgment may be granted with respect to certain claims in a lawsuit even when it is not granted with respect to all claims. This tool allows a judge to streamline case proceedings to particular issues that remain contentious or present a genuine issue of material fact for trial.


Disclaimer: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. If you have questions or need specific advice relating to the matters contained herein, please contact Lovaas & Lehtinen, P.C.

IMPORTANCE OF ENTITY PROTECTION – LIMITED PERSONAL LIABILITY-EARLY INVOLVEMENT OF PROFESSIONALS

IMPORTANCE OF ENTITY PROTECTION – LIMITED PERSONAL LIABILITY

EARLY INVOLVEMENT OF YOUR NEVADA BUSINESS LAWYER IS ESSENTIAL

Importance of Having your Attorney as your Registered Agent (continued)

In Nevada, if an LLC, LP, or corporation fails to maintain a registered agent that company will be in default and its legal status will be revoked. In addition, penalty fees may be assessed for the entity’s failure. If a registered agent fails to perform their function, it can have significant consequences for the business entity. Most common would be a failure on the part of a company to respond to a given complaint or a failure to appear in court resulting in a default judgment that could substantially hinder an entity’s economic well-being.

To qualify as a registered agent in Nevada the agent must be a legal resident of the state. However, Nevada does allow a corporate officer of the corporation to serve, and allows the corporation’s lawyer to serve as an agent. Some states allow a business entity to act as its own registered agent, but other jurisdictions require that a business entity designate a third party as its registered agent.


Disclaimer: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. If you have questions or need specific advice relating to the matters contained herein, please contact Lovaas & Lehtinen, P.C.

IMPORTANCE OF ENTITY PROTECTION – LIMITED PERSONAL LIABILITY-EARLY INVOLVEMENT OF PROFESSIONALS

IMPORTANCE OF ENTITY PROTECTION – LIMITED PERSONAL LIABILITY

EARLY INVOLVEMENT OF YOUR NEVADA BUSINESS LAWYER IS ESSENTIAL

Importance of Having your Attorney as your Registered Agent

A registered agent is a business or individual designated to receive service of
process when a business entity is made party to a legal action such as a summons or lawsuit. In Nevada, any business entity must designate and maintain a “Registered Agent.” The purpose of the agent is to provide a legal address within Nevada to facilitate legal service of process in the event of legal action.

In general, the agent is also the person whom the state government sends all official documents required for tax and legal purposes, such as franchise tax notices and annual report forms. The agent then forwards these documents to the entity itself. The agent also notifies its business entity as to whether or not it is in “Good Standing” with the state. The reason for this is that it is difficult for a business to keep track of legislative changes and report due dates for multiple jurisdictions given the differing laws of disparate states.



Disclaimer: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. If you have questions or need specific advice relating to the matters contained herein, please contact Lovaas & Lehtinen, P.C.

JUDGMENT WITHOUT TRIAL - SUMMARY JUDGMENT

JUDGMENT WITHOUT TRIAL - There are multiple ways in which cases are adjudged without a trial. In fact a substantial majority of cases are decided prior to trial. An example of such a way is outlined below.

1. Summary Judgment

If one party can show that there is no genuine issue of material fact in a lawsuit, that party will be entitled to judgment as a matter of law, or summary judgment. The movant for summary judgment can show that no genuine issue of material fact exists by way of affidavits, or information learned through discovery (as examples).

The non-moving party will generally file a opposition in response to the movant’s request for summary judgment attempting to illustrate that a genuine issue does indeed exist, necessitating trial. However, the opposition cannot rest on its pleadings, it must show that there is a genuine issue for trial by way of evidence.

It is important to note that summary judgment motions are rarely granted because a genuine issue of material fact normally exists in every case. Moreover, the non-moving party receives the benefit of the doubt, or all matters in the summary judgment motion are construed in a light most favorable to the party opposing the motion. The fact that the movant is likely to win at trial is not enough, instead, it must be shown by the movant that there is no way it can lose at trial, given the facts presented and legal support.


Disclaimer: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. If you have questions or need specific advice relating to the matters contained herein, please contact Lovaas & Lehtinen, P.C.

IMPORTANCE OF ENTITY PROTECTION – LIMITED PERSONAL LIABILITY

IMPORTANCE OF ENTITY PROTECTION – LIMITED PERSONAL LIABILITY

Why sole proprietorships and general partnerships offer no protection at all (continued).

In Nevada, each partner is personally liable, jointly and severally, for business debts, taxes and tortious liability. As an example, if a partnership defaults on a payment to a creditor, the partners’ personal assets are subject to attachment and liquidation to satisfy the creditor. Moreover, each general partner is an agent of the partnership. Therefore, if one partner is carrying out partnership business, all general partners can be held liable for dealings with third parties. By default, each general partner has a right to participate in the management and control of the business. Disagreements in the ordinary course of the partnership are decided by a majority of the partners which may prove difficult.

In the event of death, disability, or withdrawal of a general partner, the partnership is terminated. However, most partnerships provide for these type of events within a given agreement, with the share of the departed partner being purchased by the remaining ones.


Disclaimer: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. If you have questions or need specific advice relating to the matters contained herein, please contact Lovaas & Lehtinen, P.C.

IMPORTANCE OF ENTITY PROTECTION – LIMITED PERSONAL LIABILITY

IMPORTANCE OF ENTITY PROTECTION – LIMITED PERSONAL LIABILITY

Why sole proprietorships and general partnerships offer no protection at all (continued).

A General Partnership is an unincorporated company formed by two or more persons. As such, the owners are all personally liable for any legal actions or debts the company may face. Regarding asset protection, general partnerships can even be worse than sole proprietorships. Anything that one partner does affects all of the partners because each partner is personally responsible for all obligations under the partnership. Thus, each general partner’s exposure to risk increases as the number of partners increases.

As is the case with a sole proprietorship, owners of a general partnership have unlimited personal liability. Generally, each partner is jointly and severally liable for the partnership’s obligations. Joint liability means that the partners can be sued as a group while several liability means that the partners are individually liable.


Disclaimer: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. If you have questions or need specific advice relating to the matters contained herein, please contact Lovaas & Lehtinen, P.C.

JUDGMENT WITHOUT TRIAL - INVOLUNTARY DISMISSAL

JUDGMENT WITHOUT TRIAL - There are multiple ways in which cases are adjudged without a trial. In fact, a substantial majority of cases are decided prior to trial. An example of such a way is outlined below.

1. Involuntary Dismissal

The plaintiff’s claim may also be involuntarily dismissed by court order. Some of the grounds for involuntary dismissal include: (1) plaintiff’s failure to prosecute; (2) plaintiff’s failure to obey court orders; (3) lack of jurisdiction or venue; or (4) plaintiff’s failure to join an indispensable party. In general, involuntary dismissals are ordered with prejudice, meaning the claim cannot be brought again in the future.


Disclaimer: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. If you have questions or need specific advice relating to the matters contained herein, please contact Lovaas & Lehtinen, P.C.

IMPORTANCE OF ENTITY PROTECTION – LIMITED PERSONAL LIABILITY

IMPORTANCE OF ENTITY PROTECTION – LIMITED PERSONAL LIABILITY

Why sole proprietorships and general partnerships offer no protection at all (continued).

There are some advantages to a sole proprietorship. First, the sole proprietorship is easy to establish and is subjected to fewer regulations. Second, the owner has complete control over the business, making it simple to discontinue. Third, because a sole proprietorship is not a corporation, it does not pay corporate taxes, making accounting easier.

In conclusion, the disadvantages of a sole proprietorship outweigh its advantages. The threat of unlimited liability, coupled with the prospect of greater risk as a business becomes more successful makes forming a corporation, LLC or LP all the more important.


Disclaimer: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. If you have questions or need specific advice relating to the matters contained herein, please contact Lovaas & Lehtinen, P.C.

IMPORTANCE OF ENTITY PROTECTION – LIMITED PERSONAL LIABILITY

IMPORTANCE OF ENTITY PROTECTION – LIMITED PERSONAL LIABILITY

Why sole proprietorships and general partnerships offer no protection at all (continued).

There are numerous disadvantages to maintaining a sole proprietorship. First, the sole proprietor will have difficulty raising capital for the business because shares of the business cannot be sold. Second, sole proprietorships (in general) are looked upon with less legitimacy, than are corporations, or LLCs. Third, hiring employees may also prove difficult considering the amount of liability at stake. Fourth, this form of business will have unlimited liability; if the business is sued, the individual proprietor is personally liable. Fifth, obtaining the requisite financing for the business may prove difficult since sole proprietorships cannot grant a floating charge, which many jurisdictions require (a floating charge is a lien or mortgage on an asset that changes in quantity and/or value from time to time (such as an inventory), to secure repayment of a loan. In this arrangement, no charge is registered against the asset and the owner of the asset can deal in it as usual). Sixth, the life span of the business is uncertain, once the owner decides to shut the business down, or dies, the entity ceases to exist. Finally, as the company becomes more successful over time, its potential for substantial liability increases.

Disclaimer: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. If you have questions or need specific advice relating to the matters contained herein, please contact Lovaas & Lehtinen, P.C.

JUDGMENT WITHOUT TRIAL - VOLUNTARY DISMISSAL BY THE PLAINTIFF

JUDGMENT WITHOUT TRIAL - There are multiple ways in which cases are adjudged without a trial. In fact, a substantial majority of cases are decided prior to trial. An example of such a way is outlined below.

1. Voluntary Dismissal by the Plaintiff

A plaintiff in Nevada may dismiss his/her complaint without prejudice any time before the defendant serves an answer or moves for summary judgment. Without prejudice means that the plaintiff may bring the suit again at a later date. However, only the first dismissal is granted without prejudice. Furthermore, if the defendant has filed an answer or made a motion for summary judgment the plaintiff may no longer automatically make a voluntary dismissal. At this point, the plaintiff is required to obtain leave from the court for dismissal.


Disclaimer: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. If you have questions or need specific advice relating to the matters contained herein, please contact Lovaas & Lehtinen, P.C.