Mark D. Gershenson, Attorney at Law

China is credited with having the oldest continuous legal system in the world. Before 1912, when China became a republic, there were very few purely civil laws, although there were more than 1,900 legal statutes documented in the Qing Code.

Sometimes parents react with legal action before they know all of the details of any given situation. If your district is facing litigation from a parent or parent group, your faculty and staff need the legal protection an attorney experienced in education law can provide.

When it comes to civil suits, arbitration is a common method of resolution. Here, the arbitrator operates much like a judge in making a decision concerning the case, but he or she doesn’t have the same legal authority to hold either party in contempt of court.

The Individuals with Disabilities Education Act was approved by Congress in 1975 and studies in the ensuing 30 years indicate that more and more students with disabilities are finishing high school. According to the U.S. Department of Education, drop out percentages fell by 17 percent between 1987 and 2003.

Do you know the things you should do and those things you should be sure not to do after an auto accident? A civil attorney can ensure you don’t agree to a quick settlement that may not adequately compensate you for your property damage or any physical injuries.

There are several areas of specialty when it comes to education law. This includes student safety and discipline, civil rights and discrimination, education reform, school governance, and all issues concerning the provision of special education.

While new business is certainly welcome, an attorney must ensure that all of his or her cases are free from conflict of interest. This ensures objectivity and the ability to work in the client's best interests.

Federal special education laws are written so that classrooms mirror society as much as possible. In the same way you may encounter people with a variety of disabilities at work or elsewhere, kids with disabilities should remain in classrooms with children without disabilities.

Has your child been unfairly punished for an incident they were involved in at school? Even if they’re facing expulsion, we may be able to help you fight the school to keep your child where they belong.

In most of the United States, an four-year undergraduate degree followed by a three-year law degree is required for a person to be eligible to take the bar exam. However, in some states, an aspiring lawyer can take the exam without having gone through law school.

When a school becomes aware of harassment or bullying, either verbal or physical, they are required to take action to investigate and ensure that it stops. Public schools that ignore or inadequately respond to harassment and bullying of LGBT students have paid damages, awards, or settlements as high as $1,000,000.

Did you know that the burden of proof is lower in civil cases than it is in criminal court? Thus, it is not an uncommon occurrence for a defendant to be acquitted in criminal court but then found liable for damages in a civil suit.

Are you a college student receiving financial aid? Remember that you must accept legal responsibility for all agreements that you sign. Also, you must perform the work you have agreed upon if accepting College Work-Study or regular student employment.

So what exactly does the term tort refer to when it comes to civil law? This is a wrongful act (whether intentional or accidental) from which injury occurs to another. This type of case ranges from negligence circumstances to intentional wrongdoing.

The worst thing a client can ever do is to withhold information from his or her legal counsel. Doing so reduces the chances of a favorable ruling because the attorney cannot give the proper advice nor craft a proper defense.

Have you ever heard of punitive damages? This special type of damage is different from the normal compensatory damages in a civil law case. A punitive award is only given out as a way to ensure the defendant doesn't act the same way again.

One of the keys to understanding current education law is that it constantly seeks to strike a balance. This includes maintaining a balance between student safety while respecting constitutional rights, and the balance between ensuring each child receives an education while accommodating the special needs of some students.

Did you know there are 202 law schools in the United States? The yearly size of graduating lawyers varies from school to school, but there were an estimated 760,000 lawyers based on 2012 statistics. The total figure is higher, but some people with law degrees do not pursue law as a career.

Did you receive a loan or another type of financial aid while you were in college? If you cannot meet a loan repayment schedule for any reason, you have the right to request forbearance from the lender, under which the payments may be reduced for a specific period of time.

We recognize how difficult it can be to be the first person in a company to fight against their discriminatory practices. Remember, winning your case in court could improve working conditions for other people in addition to yourself.

When should you call an education attorney? If your school district has issued notification of or is threatening to schedule a disciplinary hearing for your child, it’s wise to consult an attorney who can help you analyze the situation and explore options.

Do you know what a living will is? It’s a document in which you can express your specific desires in relation to end-of-life medical treatment. A civil lawyer can help you draft this document, so that your wishes will be clear to any doctors or family members.

If you had a problem with your foot, you wouldn’t go to an eye doctor, right? The same thing is true when it comes to lawyers. If you have a problem involving education rights or standards, then you should go see a specialized education lawyer.

Before you file a civil case, you must know if you have a valid case. Frivolous lawsuits or lawsuits filed simply to harass the other party can result in the complainant losing the case and being severely penalized. Consult with a civil attorney before taking any action.

While laws and rules are in place to help maintain order, rules carry less weight and as such, breaking them results in lighter sanctions. Laws, on the other hand, carry a lot of weight and the consequences for breaking them are sometimes severe.

If you're planning to practice law in several states, you're going to need more than your law degree and a successful bar exam result. You're also going to need to get licenses from all the states you plan to practice in before you can get started.

So what exactly is the right to education in the U.S.? Established in 1948 as part of the Universal Declaration of Human Rights, this means that all people are entitled to a free primary or basic education regardless of gender, socioeconomic status, and other factors.

Have you recently been the recipient of police abuse because of an issue with your firearms? We may be able to help you right the situation and, possibly, receive compensation for your damages.