Introduction: Ever wonder how the US Census Bureau counts all 300 million people in the US, and why? Find out how the 2010 Census will be accomplished – and what can happen to you if you refuse to cooperate. Let’s discuss your obligations as a US citizen re: the upcoming Census.

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Question 1: Aaron Sachs, a Missouri attorney, this week’s topic is the 2010 US Census, why does the US do a census every 10 years?
Answer: The United States Census is mandated by the Constitution. The population is counted every 10 years and the results are used to allocate Congressional seats, electoral votes, and government program funding.
The first census was taken by U.S. marshals– on horseback– in 1790, and counted 3.9 million people. Census 2000 counted more than 281 million people, a 13.2 percent increase over 1990. The 2010 Census expects to count over 300 million people.
2) What kind of information do they collect and how is it collected?

Answer: In the past every household, in theory, received either a short form (seven questions) or a long form (52 questions!) that asks for more detailed socioeconomic information. In some cases, the forms were hand delivered. The head of the household is required to fill out the form and return it to the Census Bureau by the date specified on the form.

For the 2010 Census, the long form will be eliminated. All homes will receive a short form that asks for name, sex, age, date of birth, race, ethnicity, relationship and housing tenure.

A second form will be mailed to households that don’t respond to the first one. And then, if you still don’t respond an employee from the Census Bureau, called an “enumerator,” will come knocking on your door.

The more detailed socioeconomic information will still be collected, but by a different agency called the American Community Survey, which will collect data from a portion of the population every year on a rotating basis throughout the decade.

3) What happens if I don’t want to participate?

Answer: You are mandated by law to participate. If you refuse, or you deliberately give inaccurate information, you can be in legal trouble. According to United States Code, Title 13 (Census), Chapter 7 (Offenses and Penalties), SubChapter II, if you’re over 18 and refuse to answer all or part of the Census, you can be fined up to $100. If you give false answers, you’re subject to a fine of up to $500. If you offer suggestions or information with the “intent to cause inaccurate enumeration of population,” you are subject to a fine of up to $1,000, up to a year in prison, or both.

4) How likely is it that you will be fined?

The truth is, the Census Bureau is not a regulatory agency so it will be difficult for them to enforce any penalty. Especially since the last Census had a total final rate participation at just 67%. That means a third of the population did not fill out the surveys. That’s a lot of people to track down for fines.

5) Why do so many people not participate?

There are many reasons people are reluctant to participate in the Census, a major one is concern over privacy of their information. But just so you know.. by law, the Census Bureau can’t share your answers with others, including welfare agencies, the Immigration and Naturalization Services, the Internal Revenue Services, courts, police and the military. Violating this law is a crime punishable by a severe penalty that could also include a federal prison sentence.

Bottom line: Filling out the 2010 Census should take about 10 minutes. It will help your community because most government spending is allocated based on population. Privacy laws protect your information so just help out and do your part when you get the form in the mail next year. Plus, it’s against the law not to participate.

In order to make a claim following a personal injury accident, the party bring the claim has the burden of proof to establish liability or fault of the party being sued. There has to be someone or some company that is either at fault or was negligent, or whose fault or negligence contributed to the injury accident. There must be a basis for liability in every personal injury claim.

Fault, negligence and contribution are all legal concepts that this blog will touch on briefly, in a non comprehensive manner, as it relates to individuals who have been involved in a personal injury accidentin Missouri and are trying to understand the legal issues of a personal injury case.

Often the issues of “fault” and “negligence” — and whether someone else is legally responsible for an accident or injury are issues that are decided by a judge or jury, but in general, the issue of fault or negligence in personal injury cases has to do with these kinds of questions:
• Did someone’s act or failure to act directly cause or contribute to cause the accident and injury? For example, if a driver ran a stoplight, you may want to consider whether he was speeding, driving carelessly or driving drunk as facts that support the other driver being legally responsible for your injuries.
• If that person was working for a company at the time, the company might also be considered legally responsible, depending upon the circumstances and facts of the case.
• If icy or snowy roads appear to be the “cause” of the accident, but the other driver should have been going more slowly or driving more carefully under those conditions, he or she maybe found at fault or be found negligent in causing the accident.
• If an equipment failure caused the accident, that might affect who is legally responsible….especially if the driver knew of the problem and failed to take steps to have the equipment fixed.
• Sometimes it is determined that more than one party contributed to the accident or injury, in which case “comparative” levels of fault may determined.
Determining fault or negligence can be a complicated matter and often professional legal advice from an experienced personal injury attorney is advisable. Figuring out what to do after an accident and making sure you preserve your legal rights if someone else was at fault is very important in any personal injury accident that might result in a claim.

If you’ve been in a personal injury accident in Missouri, one alternative to taking a case to trial is the option of mediation. Mediation for personal injury claims is often a good forum for resolving a case. Unlike arbitration, it is non binding, which means the case only settles if the parties reach a mutually acceptable agreement. Resolving a case through mediation can save a client time and the rather costly expenses of a trial.

A mediator in a personal injury case is there to assist the process of coming to an agreement. He or she is not partial to either party, and does not represent either party. Unlike your personal injury accident attorney who totally advocates for you and only you, a mediator is impartial and acts as a facilitator for both parties to come to a mutually acceptable agreement.

Once that agreement is reached, the personal injury case is settled under the terms of the mediated agreement, and no trial takes place.

Mediation can be quite satisfying to both parties for a number of reasons including their active participation in the process of reaching an agreement with each other, and the time and cost savings over a trial.

Mediation is also good for the community as it frees up court dockets to handle matters that cannot be settled except by a trial to the court (in front of a judge) or a jury trial.

Two good resources for mediation services in Missouri include the Center for Dispute Resolution at MSU and the Association of Missouri Mediators.