Author : Susan Chana Lask
At arraignment, the District Attorney may offer a plea to a lesser charge than what you were arrested for originally. Pleas are offered to unburden an extremely congested criminal court calendar, as well as to get rid of lesser criminal cases so the District Attorney can rightfully concentrate on the more serious crimes.If you were arrested for misdemeanor shoplifting and you arrive at the arraignment with no prior arrests, most likely the District Attorney will offer you the option of pleading guilty to a lesser violation and a few days of community service with a fine. You have the option to end the process by accepting the lower charge of a violation, which is not a crime but will appear on your record in the future.If you accept the plea then you will actually plead guilty to a lesser offense on the record and the court will most likely impose a fine and community service or counseling, depending upon what you and the District Attorney agreed to.If you don't accept the plea, you will simply plead "not guilty" and continue your criminal court appearances. Your attorney will file various motions and hold hearings to discover what evidence the District Attorney has against you or to get the charges dismissed. An example of such a hearing would be called a "Huntley Hearing". In that hearing your attorney's objective is to get any incriminating statements you made suppressed, meaning they can not be used against you. The point of that hearing is that the police obtained statements from you invlountarily. At the hearing your attorney will cross-examine the police involved in your arrest by asking them detailed questions. If your attorney can prove your statements were coerced or obtained form you in some way involuntarily then you have just eliminiated a criucial piece of evidence against you, making your case of innocence stronger.As you proceed further through the criminal court process, the plea to a lesser charge may or may not be offered again. Whether or not you accept a plea is something only you and your attorney can decide, based upon your circumstances. Just remember that the plea will always be on your record as opposed to fighting the charges if you're innocent and getting the whole criminal case dismissed, clearing your name.Your Criminal Court AppearancesIf you plead not guilty and are released "ROR" (meaning without bail and on your own recognizance) or on bail, you'll be given the next date to appear before the court. At that time the court will set deadlines for your attorney to complete certain work on your behalf.The District Attorney has a limited period of time to complete his investigation and state on the record he is ready for trial. The time limits are mandatory to protect your constitutional right to a speedy trial. So you should be prepared to quickly prove your innocence. Being accused of a crime is a stigma, and the reality is that you are actually presumed guilty until you prove your innocence (contrary to the belief that "you are presumed innocent until proven guilty").If you miss a court appearance, a warrant for your arrest is issuedYour Right To A Speedy TrialThe time for you to get a speedy trial starts running from the date the criminal complaint is filed against you. A trial for a violation must be held within 30 days. A misdemeanor trial must occur within 90 days. A felony trial must take place within six months.The time periods for a speedy trial are "tolled" (stopped) because of certain motions made by your attorney or certain hearings. They are not tolled if the District Attorney requests adjournments without your consent. They are also not tolled if the District Attorney is not ready for certain appearance dates. This is called "excludable time" for the purposes of determining when a trial must be held.Making A RecordAt each court date, there will be a stenographer typing every word of the proceeding to make a record of it. Your attorney must make sure the record is clear that you do not consent to an adjournment or that the District Attorney was not ready. Being clear is important, because the court is overwhelmed with hundreds of cases a day. Sometimes the judge will not keep a good record or his notes on your file will be unreadable and the judge later can't recall what happened.To be clear and to protect your rights, state on the record that "defendant does not consent to the adjournment and time should be charged to the People" or state that "The District Attorney is not ready and time should be charged to the People." Make sure the stenographer hears what you say because you may later have to order those records from the stenographer to prove what happened at the hearing. If the stenographer did not hear you or your attorney then you will not have a record that will benefit you. Make sure you both speak loud and clear at each court date to protect your record.Law Offices of Susan Chana Lask
853 Broadway, Suite 1516
New York, NY 10003
(212) 358-5762
©2004 Susan Chana Lask All Rights ReservedAbout The AuthorSusan Chana Lask is a New York attorney with law offices in New York City. She has over 20 years experience and practices in State, Federal and Appellate Courts nationwide, handling civil, criminal and commercial litigation and appeals. She represents high profile cases and appears on all major television, print and radio news media, earning the title "High-Powered" New York attorney. She can be reached at www.appellate-brief.com.sue@aol.com
Keyword : courts,legal,judges,new york court,new york legal system,legal branch,attorney,laws,criminals,crime
วันเสาร์ที่ 8 มีนาคม พ.ศ. 2551
"No Win...No Pay...No Risk" Lawsuit Loan Bridges Financial Gap
Author : Kari Gray
"No one pays much attention to how a person who has been injured is going to live while waiting for a case to go to trial. The legal system tends to put people who cannot afford to wait for their money at a disadvantage." - Boston Bar Association Ethics Committee Chairman, Gerry CohenWith these words millions of U.S. consumers every year find out 1st hand the truthfulness of Mr. Cohen's assessment, a professional assessment of the legal and insurance industry of this country. "It's a painful experience one I hope I never have to endure again" describes litigant Kari Spears regarding her dealing with an insurance company liable when she had an auto accident in 1997. The "extreme financial hardship & pressure we as a family endured when I was injured can only be described as a nightmare for both my children and myself. In one evening our whole life was devastated." Many litigants describe their experience with the system as "being left out to dry by the insurance industry" or "no one cares how much suffering we really experience." The costs injured plaintiffs sustain are far more than the actual pain and suffering, as Spears states, "injuries affect everything, including your standard of living. After an injury you can't maintain the same earnings after an accident vs. prior to one. Then throw in the damage to your credit and you begin to know the real long term side effects no one takes into consideration."Is there a solution to the dilemma? 1st Choice Funding thinks so as the company has taken the "bull by the horns" and developed a program offering litigants nationwide the opportunity to have cash in hand now, when plaintiffs need it most vs. when settlement finally occurs. The program is called "No Win...No Pay... No Risk" Lawsuit Loan and this innovative approach puts litigants in the position to receive cash prior to settlement with no credit, no employment, no monthly payments, no collateral, and no risk for repayment if a case is not successfully litigated."No Win...No Pay... No Risk" Lawsuit Loans are unheard of from traditional banking approaches conventional lenders agree. "1st Choice Funding's Lawsuit Loans aren't really loans at all, and that's why conventional approaches aren't how funding determinations are made" said company president Timothy S. Gray. Continuing Gray says, "lawsuit loans are what consumers associate our program with, but in reality, what we offer are advances made on future settlement, and that's something conventional lenders just don't understand.""No Win...No Pay...No Risk" Lawsuit Loans are an answer to many plaintiffs prayers as litigants who have seized the opportunity for cash now are no longer forced into early settlement due to financial hardship. A lawsuit loan buys time, and time can mean the difference in thousands of extra dollars at the time of settlement for litigants. Why? Because time is money and money in the hand of a litigant staves off insurance stall tactics. Make no mistake; delayed settlements are no coincidence. The industry capitalizes interest earnings while forcing many litigants into financial hardship, positioning the plaintiff into a hardship, offering a reduced settlement to increase insurance profitability not lower premiums."To find out more about "No Win...No Pay...No Risk" Lawsuit Loans log onto the company website at http://1stchoicefunding.com and see for yourself what innovation at work can do in providing millions with a long past due financial remedy.Kari E. Gray, a 20 year veteran and a senior financial consultant for 1st Choice Funding has generated tens of millions in funding and for clients, while simultaneously saving tens of millions in operations for other clients. As the senior advisor to the firm Ms. Gray has spearheaded innovative financial solutions for clients who include business, industry, plaintiffs and attorneys looking for financial solutions.
Keyword : LAWSUIT LOAN, LAWSUIT LOANS, PRE SETTLEMENT LOANS, PRESETTLEMENT ADVANCES, LITIGATION LOANS,
"No one pays much attention to how a person who has been injured is going to live while waiting for a case to go to trial. The legal system tends to put people who cannot afford to wait for their money at a disadvantage." - Boston Bar Association Ethics Committee Chairman, Gerry CohenWith these words millions of U.S. consumers every year find out 1st hand the truthfulness of Mr. Cohen's assessment, a professional assessment of the legal and insurance industry of this country. "It's a painful experience one I hope I never have to endure again" describes litigant Kari Spears regarding her dealing with an insurance company liable when she had an auto accident in 1997. The "extreme financial hardship & pressure we as a family endured when I was injured can only be described as a nightmare for both my children and myself. In one evening our whole life was devastated." Many litigants describe their experience with the system as "being left out to dry by the insurance industry" or "no one cares how much suffering we really experience." The costs injured plaintiffs sustain are far more than the actual pain and suffering, as Spears states, "injuries affect everything, including your standard of living. After an injury you can't maintain the same earnings after an accident vs. prior to one. Then throw in the damage to your credit and you begin to know the real long term side effects no one takes into consideration."Is there a solution to the dilemma? 1st Choice Funding thinks so as the company has taken the "bull by the horns" and developed a program offering litigants nationwide the opportunity to have cash in hand now, when plaintiffs need it most vs. when settlement finally occurs. The program is called "No Win...No Pay... No Risk" Lawsuit Loan and this innovative approach puts litigants in the position to receive cash prior to settlement with no credit, no employment, no monthly payments, no collateral, and no risk for repayment if a case is not successfully litigated."No Win...No Pay... No Risk" Lawsuit Loans are unheard of from traditional banking approaches conventional lenders agree. "1st Choice Funding's Lawsuit Loans aren't really loans at all, and that's why conventional approaches aren't how funding determinations are made" said company president Timothy S. Gray. Continuing Gray says, "lawsuit loans are what consumers associate our program with, but in reality, what we offer are advances made on future settlement, and that's something conventional lenders just don't understand.""No Win...No Pay...No Risk" Lawsuit Loans are an answer to many plaintiffs prayers as litigants who have seized the opportunity for cash now are no longer forced into early settlement due to financial hardship. A lawsuit loan buys time, and time can mean the difference in thousands of extra dollars at the time of settlement for litigants. Why? Because time is money and money in the hand of a litigant staves off insurance stall tactics. Make no mistake; delayed settlements are no coincidence. The industry capitalizes interest earnings while forcing many litigants into financial hardship, positioning the plaintiff into a hardship, offering a reduced settlement to increase insurance profitability not lower premiums."To find out more about "No Win...No Pay...No Risk" Lawsuit Loans log onto the company website at http://1stchoicefunding.com and see for yourself what innovation at work can do in providing millions with a long past due financial remedy.Kari E. Gray, a 20 year veteran and a senior financial consultant for 1st Choice Funding has generated tens of millions in funding and for clients, while simultaneously saving tens of millions in operations for other clients. As the senior advisor to the firm Ms. Gray has spearheaded innovative financial solutions for clients who include business, industry, plaintiffs and attorneys looking for financial solutions.
Keyword : LAWSUIT LOAN, LAWSUIT LOANS, PRE SETTLEMENT LOANS, PRESETTLEMENT ADVANCES, LITIGATION LOANS,
What We Talk About When We Talk About Mediation
Author : Charles Parselle
Mediation is older than any legal system. The great Bacon wrote the praises of mediation nearly four hundred years ago, in one of his celebrated Essays:"It is generally better to deal by speech than by letter, and by the mediation of a third, than by a man's self . . . in all negotiations of difficulty, a man must not look to sow and reap at once, but must prepare business, and so ripen by degrees." Francis Bacon (1561-1626)To mediate means:1. To bring about (an agreement, peace, etc.), as an intermediary between parties by compromise, reconciliation, removal of misunderstanding, etc.2. To settle (disputes, strikes, etc.), as an intermediary between parties: reconcile.3. To effect (a result) or convey (a message, gift, etc.), by or as by an intermediary.4. To act between parties to effect an agreement, compromise, or reconciliation.5. To occupy an intermediate place or position.6. Acting through, dependent on, or involving an intermediate agency; not direct or immediate."Mediation means:1. Action in mediating between parties, as to effect an agreement or reconciliation.2. International law, an attempt to effect a peaceful settlement between disputing nations through the friendly good offices of another power."Synonym(s):1. Mediation, arbitration designate processes for bringing about agreement for a reconciliation between opponents in a dispute. Mediation implies deliberation that results in solutions that may or may not be accepted by the contending parties: mediation settled the strike. Arbitration involves a more formal deliberation, it being understood that the results will be binding on the contending parties: "the strike was settled only after arbitration."(All definitions are reproduced from Webster's Encyclopedic Unabridged Dictionary of the English Language)Webster's synonyms tend to confuse mediation with arbitration. Arbitration is designed to produce a result with a winner and a loser; it is a not a process for "bringing about agreement for a reconciliation." Mediation unlike arbitration is not designed to produce winners and losers, but precisely a reconciliation of differences. Mediation attempts to be win-win. They are both "alternative dispute resolution" mechanisms, but one bears little resemblance to the other.Webster does accurately state the role of mediator as intermediary between parties to a dispute. Mediation is as old as civilization and pre-dates anything resembling legal process. The mediator is a go-between, who passes busily from party to party in an attempt to assist them reconcile their differences. In late classical Athens, the comedies of Menander often featured a wily slave who carried messages, and in the country house farces beloved of Victorian audiences, the chambermaid often served as an intermediary between two lovers. The Aztecs, who had no written language, used messengers or intermediaries to convey exact messages of outstanding length. Carrier pigeons have been used to carry messages for hundreds of years, and can navigate over endless uncharted miles, but so far no carrier pigeon has become a mediator.Though a mediator may lack some of the abilities of a carrier pigeon, she can and does carry messages, but that is the least of her functions. She is a trained professional who has the skills to overcome numerous obstacles, the perseverance to continue the process despite all impulses of the parties to end it, and who is able at length to bring them to closure of the particular dispute despite their differences, and sometimes achieve a full reconciliation. Such results are not easily achieved, and such skills are not easily learned.The textbooks say that there are three ways to mediate, or three types of mediator. These are 1) evaluative 2) facilitative 3) transformative.An evaluative mediator is one who is prepared to express an opinion as to the likely outcome of a dispute. Parties who seek an evaluative mediator will often choose a retired judge. The prerequisite for giving an evaluation is subject matter expertise. Judges, who have decided hundreds or thousands of cases, or who have observed hundreds of juries reaching a verdict, are often trusted by parties to render an evaluation, which the parties may find useful in coming to a decision about their particular dispute. However, not only retired judges are used for the purpose of evaluation. Persons engaged in a construction dispute will often go to an engineer, general contractor, or other person with subject matter expertise.A facilitative mediator is one who stresses that the function of his job is to enable, or facilitate, parties to communicate and negotiate with each other, in order to arrive at their own evaluation and resolution. A facilitative mediator may consider it unethical to render an opinion. The facilitative style may require greater patience and skill in enabling parties to craft their own resolution, than may be necessary for an evaluative mediator. Parties may prefer an evaluative mediator when they wish to resolve their dispute and proceed on their separate ways. Facilitative mediation may be more desirable where the parties wish to, or must, engage in a continuing relationship with each other, so that the particular dispute is merely a roadblock that needs to be overcome in order to enable that continuing relationship.Many mediators are perfectly willing to be either evaluative or facilitative, as the situation demands.The third type of mediator is called "transformative", and the goal of transformative mediation is far bolder, and more like therapy, than the goal of traditional, evaluative or facilitative mediation. "Transformation" suggests that the goal is to affect a transformation, in the parties themselves, and in their relationship. Transformation means (1) act or process of transforming; state of being transformed. (2) Change in form, appearance, nature, or character. (3) Theatrical, a seemingly miraculous change in the appearance of scenery or actors in view of the audience.In "Mediating Dangerously," (2001) Kenneth Cloke, a pioneer of transformational mediations, writes:"The transformational or elicitive model of mediation… views conflict as something to be learned from, and the parties as ready for introspection and fundamental change. The mediator becomes an empathetic yet honest agent, whose role is to elicit recognition and empower the parties to solve their own problems. … Personally I use a modified version of the transformational model, based a more intuitive, integrative, dangerous approach to mediation. I neither direct nor stand apart from the conflict, but interact with the parties and reflect on possibilities, based on intuitive assessments at the time."The function of a mediator is to enable change. A mediator is a catalyst whose presence and skills enable change. The type of change so enabled is the most difficult of all – change of mind.Change is needed for movement to occur. Movement is needed for the disputants to approach each other. The disputants must approach each other for negotiation to occur. Negotiation must occur for solutions to be explored. Solutions must be explored for the disputants to achieve a resolution that satisfies competing interests.At some level, disputants cherish their dispute, and the emotions and attitudes that accompany it – they want to lay down the burden yet are reluctant to do so. They want the satisfaction that accompanies winning. They want not merely to win; they want to other side to lose, and preferably be manifestly seen to lose.When an outsider hears both sides of a conflict, she may get the impression that the disputants are in illusion, the competing illusions colliding in conflict. One or both of them has "got it wrong." If both sides are brought to share roughly the same reality, or view of the case, they settle. This is called by many colloquial expressions, like "getting into the same ballpark," "getting into the same zip code," etc. The presence and skills of the mediator tilt the balance in favor of reality, rationality, and closure.The three bedrock principles by which mediation is conducted are (1) confidentiality (2) voluntary participation and (3) party control of outcome.Charles B. Parselle is a California mediator, arbitrator and attorney. He graduated from Oxford University, then joined the California Bar in 1983. His articles are regularly published in legal magazines, such as The Daily Journal, Bar Notes and Mediate.com. He is the author of the book, "The Complete Mediator." For a free consultation, please contact Mr. Parselle through his website: http://www.parsellemediation.com
Keyword : mediation, mediator, arbitrate, arbitrator, lawyer, law, attorney, parselle, charles parselle, case
Mediation is older than any legal system. The great Bacon wrote the praises of mediation nearly four hundred years ago, in one of his celebrated Essays:"It is generally better to deal by speech than by letter, and by the mediation of a third, than by a man's self . . . in all negotiations of difficulty, a man must not look to sow and reap at once, but must prepare business, and so ripen by degrees." Francis Bacon (1561-1626)To mediate means:1. To bring about (an agreement, peace, etc.), as an intermediary between parties by compromise, reconciliation, removal of misunderstanding, etc.2. To settle (disputes, strikes, etc.), as an intermediary between parties: reconcile.3. To effect (a result) or convey (a message, gift, etc.), by or as by an intermediary.4. To act between parties to effect an agreement, compromise, or reconciliation.5. To occupy an intermediate place or position.6. Acting through, dependent on, or involving an intermediate agency; not direct or immediate."Mediation means:1. Action in mediating between parties, as to effect an agreement or reconciliation.2. International law, an attempt to effect a peaceful settlement between disputing nations through the friendly good offices of another power."Synonym(s):1. Mediation, arbitration designate processes for bringing about agreement for a reconciliation between opponents in a dispute. Mediation implies deliberation that results in solutions that may or may not be accepted by the contending parties: mediation settled the strike. Arbitration involves a more formal deliberation, it being understood that the results will be binding on the contending parties: "the strike was settled only after arbitration."(All definitions are reproduced from Webster's Encyclopedic Unabridged Dictionary of the English Language)Webster's synonyms tend to confuse mediation with arbitration. Arbitration is designed to produce a result with a winner and a loser; it is a not a process for "bringing about agreement for a reconciliation." Mediation unlike arbitration is not designed to produce winners and losers, but precisely a reconciliation of differences. Mediation attempts to be win-win. They are both "alternative dispute resolution" mechanisms, but one bears little resemblance to the other.Webster does accurately state the role of mediator as intermediary between parties to a dispute. Mediation is as old as civilization and pre-dates anything resembling legal process. The mediator is a go-between, who passes busily from party to party in an attempt to assist them reconcile their differences. In late classical Athens, the comedies of Menander often featured a wily slave who carried messages, and in the country house farces beloved of Victorian audiences, the chambermaid often served as an intermediary between two lovers. The Aztecs, who had no written language, used messengers or intermediaries to convey exact messages of outstanding length. Carrier pigeons have been used to carry messages for hundreds of years, and can navigate over endless uncharted miles, but so far no carrier pigeon has become a mediator.Though a mediator may lack some of the abilities of a carrier pigeon, she can and does carry messages, but that is the least of her functions. She is a trained professional who has the skills to overcome numerous obstacles, the perseverance to continue the process despite all impulses of the parties to end it, and who is able at length to bring them to closure of the particular dispute despite their differences, and sometimes achieve a full reconciliation. Such results are not easily achieved, and such skills are not easily learned.The textbooks say that there are three ways to mediate, or three types of mediator. These are 1) evaluative 2) facilitative 3) transformative.An evaluative mediator is one who is prepared to express an opinion as to the likely outcome of a dispute. Parties who seek an evaluative mediator will often choose a retired judge. The prerequisite for giving an evaluation is subject matter expertise. Judges, who have decided hundreds or thousands of cases, or who have observed hundreds of juries reaching a verdict, are often trusted by parties to render an evaluation, which the parties may find useful in coming to a decision about their particular dispute. However, not only retired judges are used for the purpose of evaluation. Persons engaged in a construction dispute will often go to an engineer, general contractor, or other person with subject matter expertise.A facilitative mediator is one who stresses that the function of his job is to enable, or facilitate, parties to communicate and negotiate with each other, in order to arrive at their own evaluation and resolution. A facilitative mediator may consider it unethical to render an opinion. The facilitative style may require greater patience and skill in enabling parties to craft their own resolution, than may be necessary for an evaluative mediator. Parties may prefer an evaluative mediator when they wish to resolve their dispute and proceed on their separate ways. Facilitative mediation may be more desirable where the parties wish to, or must, engage in a continuing relationship with each other, so that the particular dispute is merely a roadblock that needs to be overcome in order to enable that continuing relationship.Many mediators are perfectly willing to be either evaluative or facilitative, as the situation demands.The third type of mediator is called "transformative", and the goal of transformative mediation is far bolder, and more like therapy, than the goal of traditional, evaluative or facilitative mediation. "Transformation" suggests that the goal is to affect a transformation, in the parties themselves, and in their relationship. Transformation means (1) act or process of transforming; state of being transformed. (2) Change in form, appearance, nature, or character. (3) Theatrical, a seemingly miraculous change in the appearance of scenery or actors in view of the audience.In "Mediating Dangerously," (2001) Kenneth Cloke, a pioneer of transformational mediations, writes:"The transformational or elicitive model of mediation… views conflict as something to be learned from, and the parties as ready for introspection and fundamental change. The mediator becomes an empathetic yet honest agent, whose role is to elicit recognition and empower the parties to solve their own problems. … Personally I use a modified version of the transformational model, based a more intuitive, integrative, dangerous approach to mediation. I neither direct nor stand apart from the conflict, but interact with the parties and reflect on possibilities, based on intuitive assessments at the time."The function of a mediator is to enable change. A mediator is a catalyst whose presence and skills enable change. The type of change so enabled is the most difficult of all – change of mind.Change is needed for movement to occur. Movement is needed for the disputants to approach each other. The disputants must approach each other for negotiation to occur. Negotiation must occur for solutions to be explored. Solutions must be explored for the disputants to achieve a resolution that satisfies competing interests.At some level, disputants cherish their dispute, and the emotions and attitudes that accompany it – they want to lay down the burden yet are reluctant to do so. They want the satisfaction that accompanies winning. They want not merely to win; they want to other side to lose, and preferably be manifestly seen to lose.When an outsider hears both sides of a conflict, she may get the impression that the disputants are in illusion, the competing illusions colliding in conflict. One or both of them has "got it wrong." If both sides are brought to share roughly the same reality, or view of the case, they settle. This is called by many colloquial expressions, like "getting into the same ballpark," "getting into the same zip code," etc. The presence and skills of the mediator tilt the balance in favor of reality, rationality, and closure.The three bedrock principles by which mediation is conducted are (1) confidentiality (2) voluntary participation and (3) party control of outcome.Charles B. Parselle is a California mediator, arbitrator and attorney. He graduated from Oxford University, then joined the California Bar in 1983. His articles are regularly published in legal magazines, such as The Daily Journal, Bar Notes and Mediate.com. He is the author of the book, "The Complete Mediator." For a free consultation, please contact Mr. Parselle through his website: http://www.parsellemediation.com
Keyword : mediation, mediator, arbitrate, arbitrator, lawyer, law, attorney, parselle, charles parselle, case
Presumption and the Lemon Law
Author : Donald Ladew
To presume is to make an assumption that something will be found true when further examined. It is what one supposes to be true based on the evidence available.With regard to presumption in legal matters, if the bird looks, walks and quacks like a duck, legally the court says it meets the presumption that it is indeed a duck. To support the presumption, you get a nice textbook on birds (the law on birds), or better yet, ducks. That's where we find the law about ducks.If you want to know if your defective vehicle meets the presumption that it is indeed a lemon, in California, you read the appropriate sections of the Song-Beverly Act. This is where the law that defines a lemon vehicle is found. As laws go, it is quite specific.Here are the essentials of what the Song-Beverly Act says about what makes a car legally a lemon. The presumption (that the vehicle is a lemon) is established if any of the following occurs within the first 18 months or 18,000 miles:· The same defect is subject to repair four or more times; or· The same defect is subject to repair two or more times, and is a serious safety defect that is likely to cause death or bodily injury; or· The vehicle is out of service for repairs for a cumulative total of more than 30 days, for any combination of defects.Thus, if a California consumer proves that a vehicle has been subject to repair four times for the same problem within 18 months or 18,000 miles, then the judge will tell the jury that the consumer has met his burden of proving that the manufacturer had a reasonable number of repair attempts.The presumption helps consumers meet their burden of proof if they have to go to trial.Does your vehicle have to meet the test of presumption to be considered a lemon? No, it doesn't. But there are advantages to the consumer if it does. In lawsuits there is something called, the burden of proof. If the consumer's lemon vehicle doesn't meet the presumption that it is a lemon, the consumer has the burden of proving that the vehicle is a lemon when contending with the manufacturer. Obviously it is a lot more difficult financially for a consumer to prove that the vehicle is a lemon than it is for the manufacturer to dispute the claim.An example of a car that does not meet the presumption, but may well legally be a lemon follows:· The same defect is subject to repair four or more times over a period of two and a half years; or· The vehicle is out of service for repairs for a cumulative total of more than 30 days, for any combination of defects.· The vehicle currently has 38,000 miles on the odometer (remember, it had to be 18 months or 18,000 miles).If, however, the consumer's vehicle meets the presumption, the burden of proof shifts to the manufacturer. It is much harder for the manufacturer to dispute the consumer's basic facts that the car meets the essential requirements of what is a lemon, when the vehicle meets the presumption.With the burden of proof on the manufacturer, they must prove the consumer's car is not a lemon. They may have to bring in experts, go through a lot of legal activities, and try to prove to a jury that the lemon law doesn't say what it says. They must do this in the face of your facts, which are legally in your favor. This is good for the consumer.Instead of being the short kid with glasses, constantly getting stuffed in lockers and trashcans, you are now the buff athlete who takes no crap from anyone. When our modern lemon laws were created, the very obvious imbalance between the consumer and his or her resources vs. manufacturer and their resources was taken into consideration. "The law", as some wit said, "is a fool." This is not always true. Sometimes the people who make the laws do the right thing. Sometimes even governments do the right thing. Here in America it happens more than anywhere else in the world.Donald Ladew, Staff Writer for Norman Taylor & Associates, is a professional writer and author of numerous articles on quality,customer service issues and many other subjects. This article approved by Norman F. Taylor Esq. For more information about this most important subject, please read Lemon Law - The Standard Reference Guide, Norman F. Taylor Esq. ISBN 0-9760058-0-8
To presume is to make an assumption that something will be found true when further examined. It is what one supposes to be true based on the evidence available.With regard to presumption in legal matters, if the bird looks, walks and quacks like a duck, legally the court says it meets the presumption that it is indeed a duck. To support the presumption, you get a nice textbook on birds (the law on birds), or better yet, ducks. That's where we find the law about ducks.If you want to know if your defective vehicle meets the presumption that it is indeed a lemon, in California, you read the appropriate sections of the Song-Beverly Act. This is where the law that defines a lemon vehicle is found. As laws go, it is quite specific.Here are the essentials of what the Song-Beverly Act says about what makes a car legally a lemon. The presumption (that the vehicle is a lemon) is established if any of the following occurs within the first 18 months or 18,000 miles:· The same defect is subject to repair four or more times; or· The same defect is subject to repair two or more times, and is a serious safety defect that is likely to cause death or bodily injury; or· The vehicle is out of service for repairs for a cumulative total of more than 30 days, for any combination of defects.Thus, if a California consumer proves that a vehicle has been subject to repair four times for the same problem within 18 months or 18,000 miles, then the judge will tell the jury that the consumer has met his burden of proving that the manufacturer had a reasonable number of repair attempts.The presumption helps consumers meet their burden of proof if they have to go to trial.Does your vehicle have to meet the test of presumption to be considered a lemon? No, it doesn't. But there are advantages to the consumer if it does. In lawsuits there is something called, the burden of proof. If the consumer's lemon vehicle doesn't meet the presumption that it is a lemon, the consumer has the burden of proving that the vehicle is a lemon when contending with the manufacturer. Obviously it is a lot more difficult financially for a consumer to prove that the vehicle is a lemon than it is for the manufacturer to dispute the claim.An example of a car that does not meet the presumption, but may well legally be a lemon follows:· The same defect is subject to repair four or more times over a period of two and a half years; or· The vehicle is out of service for repairs for a cumulative total of more than 30 days, for any combination of defects.· The vehicle currently has 38,000 miles on the odometer (remember, it had to be 18 months or 18,000 miles).If, however, the consumer's vehicle meets the presumption, the burden of proof shifts to the manufacturer. It is much harder for the manufacturer to dispute the consumer's basic facts that the car meets the essential requirements of what is a lemon, when the vehicle meets the presumption.With the burden of proof on the manufacturer, they must prove the consumer's car is not a lemon. They may have to bring in experts, go through a lot of legal activities, and try to prove to a jury that the lemon law doesn't say what it says. They must do this in the face of your facts, which are legally in your favor. This is good for the consumer.Instead of being the short kid with glasses, constantly getting stuffed in lockers and trashcans, you are now the buff athlete who takes no crap from anyone. When our modern lemon laws were created, the very obvious imbalance between the consumer and his or her resources vs. manufacturer and their resources was taken into consideration. "The law", as some wit said, "is a fool." This is not always true. Sometimes the people who make the laws do the right thing. Sometimes even governments do the right thing. Here in America it happens more than anywhere else in the world.Donald Ladew, Staff Writer for Norman Taylor & Associates, is a professional writer and author of numerous articles on quality,customer service issues and many other subjects. This article approved by Norman F. Taylor Esq. For more information about this most important subject, please read Lemon Law - The Standard Reference Guide, Norman F. Taylor Esq. ISBN 0-9760058-0-8
http://www.lemonattorneys.com or http://www.normantaylor.com For further inquiries, Mr. Ladew may be reached at: donald@normantaylor.com Phone: 818-244-3905.
Keyword : lemon law, lemon motor home, lemon automobile, lemon attorney, presumption, burden of proof
Waiting in Vain During Personal Injury Cases
Author : Gil Mart Abareta
In reality, you tend to be upset and dismayed when a long time has passed after you have filed your personal injury lawsuit but still, nothing good is happening from the time the case has started. In most states, the other party's insurance company owes you no responsibility to settle quickly. Your case can either be settled or drag on long after the trial is finished. The question now is – what are the reasons for a case to be delayed that long?There are several things that can slow down the development of your personal injury case. First is discovery which pertains to the desire of the insurance company to know everything about you and your accident. With this, you and you lawyer have to gather up and prepare all the medical bills, records and other relevant documents to your injuries. Some of these must be obtained in a certain way to make them acceptable in court. This can sometimes take time and money.Second is deposition which refers to the instance where the lawyer/s from the insurance company will ask you in comprehensive details about your injuries, medical history, the accident itself, and the treatment options that you've gone through. You'll most likely to go over a grilling up to the smallest details. Third in line is motion hearing where the insurance company lawyer/s can feel an endless capacity to file motions and go to hearings on motions.Additionally, mediation which is a typical settlement conference without the formalities of the court can also cause the delay to a court trial. Many courts force lawyers to settle cases prior to trial. Arbitration is a different thing, on the other hand. It's often a binding mini-trial where an informal presentation of the matters involved in the case is done. Also, trials are usually being scheduled based on the court's schedule, not the lawyers' schedule. With this, cases can take years to be scheduled for trial, especially in some major urban areas.Last but not the least, let's talk about collection issues. It's not unusual for someone to have difficulty in collecting the compensation from the insurance company or the person responsible for your injury. The insurance lawyer will have to have a check or draft issued by the company. And before they send you the money, you'll be required to sign a release document and file some sort of dismissal motion. Obviously, these things also delay payment.Indeed, the litigation process can really eat up a lot of your time, money and effort. Therefore, it's sometimes better to settle for less prior to trial than to go through the whole process and then end up with a small settlement or perhaps a bad result at trial.For comments and questions about the article, you may visit http://www.mesrianilaw.com
Keyword : personal, injury, lawyers, cases
In reality, you tend to be upset and dismayed when a long time has passed after you have filed your personal injury lawsuit but still, nothing good is happening from the time the case has started. In most states, the other party's insurance company owes you no responsibility to settle quickly. Your case can either be settled or drag on long after the trial is finished. The question now is – what are the reasons for a case to be delayed that long?There are several things that can slow down the development of your personal injury case. First is discovery which pertains to the desire of the insurance company to know everything about you and your accident. With this, you and you lawyer have to gather up and prepare all the medical bills, records and other relevant documents to your injuries. Some of these must be obtained in a certain way to make them acceptable in court. This can sometimes take time and money.Second is deposition which refers to the instance where the lawyer/s from the insurance company will ask you in comprehensive details about your injuries, medical history, the accident itself, and the treatment options that you've gone through. You'll most likely to go over a grilling up to the smallest details. Third in line is motion hearing where the insurance company lawyer/s can feel an endless capacity to file motions and go to hearings on motions.Additionally, mediation which is a typical settlement conference without the formalities of the court can also cause the delay to a court trial. Many courts force lawyers to settle cases prior to trial. Arbitration is a different thing, on the other hand. It's often a binding mini-trial where an informal presentation of the matters involved in the case is done. Also, trials are usually being scheduled based on the court's schedule, not the lawyers' schedule. With this, cases can take years to be scheduled for trial, especially in some major urban areas.Last but not the least, let's talk about collection issues. It's not unusual for someone to have difficulty in collecting the compensation from the insurance company or the person responsible for your injury. The insurance lawyer will have to have a check or draft issued by the company. And before they send you the money, you'll be required to sign a release document and file some sort of dismissal motion. Obviously, these things also delay payment.Indeed, the litigation process can really eat up a lot of your time, money and effort. Therefore, it's sometimes better to settle for less prior to trial than to go through the whole process and then end up with a small settlement or perhaps a bad result at trial.For comments and questions about the article, you may visit http://www.mesrianilaw.com
Keyword : personal, injury, lawyers, cases
Computer Forensics
Author : Adil Waseem
There are numbers of impartial computer forensics authorities in developed countries who provide all litigation function at request of courts and their services can obtain for getting computer evidence. Computer Forensics identifies, acquire, restore, and analyze electronic data in litigation.The computer forensics performs their legal duties regarding digital discovery of the documents. When we look into the legal history of these digital discovery authorities, their function as certified authorities to all document produced in digital form developed with advanced with electronic communication. The assistance of computer forensics is employed by foreign courts for purpose of getting forensic view about the e-data or electronic evidence.The Computer Forensics authorities' employs various tools for purpose of verification of documents, starting from identify, acquire, restore, and analyze electronic documents for their admission and production before court of laws. There verification of documents is not limited to local disk data but even the remote server data is verified. From authentication of record to local hard drive to remote server, the certified forensic discovery authorities help in testifying acquired from data from NT, Novell, UNIX, and Linux servers and PCs, among others.IDENTIFICATION: There procedure adopted by the digital discovery authorities start from electronic discovery is identification. The electronic discovery is the identification of likely sources of relevant information comparing it with original electronic document. The identification of computer document and its comparison with original record through critical step to help ensure that data is not overlooked and each aspect of date is properly maintained and there is no tampering of database while its production before court of law. There view about the electronic document are requested of disk or remote documents and go on-site to inventory the data and look for hidden sources of taxpayer for evasion of record. In many cases, they present a written e-discovery report of web site and its links with database where it has been hosted.ACQUISITION: The identification of electronic documents is only the first step for proper identification of website link with data base. Once identified, the second step that they have to follow to gather the relevant information for authentication of the electronic evidence as to judge the reliance of the evidence. They take care to collect relevant information for coming to right conclusion regarding the authenticity of e-documents. They take care to avoid tampering of record and to maintain defensible chain-of-custody. There are three critical procedural phases judging the reliance of the electronic evidence and its presentation before the court of laws. Computer forensics employs uses forensically tools, their written protocols and internal procedures ensure that their work product with stands scrutiny in all jurisdictions where it is going to be presented before the court.RESTORATION: There are many hidden sources of electronic evidence that can not be retrieved without seeking the assistance of the authorities of foreign jurisdiction. Once information regarding the evidence existed out state jurisdiction gathered, document must have to follow the same procedure of as defined in acquire. Rather it is foreign jurisdiction or not, important information is not retrieved without tested forensic procedures and documentation. The computer forensics helps courts to avoid any unnecessary production of documents, while ensuring that potentially relevant documents are presented, including encrypted, compressed, and password-protected files, are presented before court properly.SEARCHING: Another method is used is filtering of electronic database received in electronic discovery. While undergoing search of the electronic evidence, the computer forensics uses a variety of methods, tools and appropriate search technique to widows and other operating system for increasing reliability of electronic document to the court of law. The electronic forensics authorities are given number of powers in connect with assessing the reliance of the electronic and figuring out the hidden sources of evidence.PRODUCTION: The production and admission before the court of law is primary function of these forensics authorities and the computer forensics produces legal documents of data to court by their certification. They are granted certification power by statute or they are working as independent autonomous bodies being famous for their impartial reports, they are often asked by court to give opinion about the electronic having agreed by both parties to suit. They produce copies of the data selected for review and offer recommendations and certification regarding the nature of electronic database to be viewed, organizes data as evidence.VERIFICATION: The computer forensics perform number of function, one of them is offering detailed written certified reports and analyses to courts to just adjudication of matter. As being declared as "friend-of-the-court" by experts, they assists judges with the interpretation electronic evidence being presented in court proceedings and the testimony of other electronic discovery experts. The court often needs the opinion of these experts regarding the building of the electronic evidence and reliance. For getting appropriate and meeting the reliance standard, although careful attention to detail in the early stages of electronic discovery builds solid expert testimony. The real aim of computer forensics to assist the court in reaching just conclusion regarding production of data as evidence but in Pakistan we have not yet legislated on role of computer forensics as expert role for identification, production and its admission before the court of law.Here need to encourage the computer forensics in Pakistan for getting accurate information for digital evidence. Their services can be obtained by contractual basis, or they can be incorporated in taxing authorities as confirming them special inspection power.Currently no computer forensics authorities are running their business in Pakistan, reason may be, and no efforts are made to provide legal framework for establishment of certification authorities and to discuss the economic measures for their promotion. The specific amendment should be made to incorporate, computer forensics, proposed vigilance authority as part of the tax structure so that the avoidance of the tax can be minimized.The writer is an advocate of High Court and practicing immigration and corporate laws in Pakistan since September 2001. Author can be contacted by Adil Law Company (Advocates and Immigration lawyers) Office No.3 2nd Flr Hafeez Chambers 85 The Mall Rd Lahore Pakistan Telephone: +9242-6306195 +9242- 6360108 Fax: + 9242 6360108 Cell: +92300 4254910 E-mail: adil.waseem@lawyer.com
Keyword : computer forensics,computer tracing,computer security,digital document identity
There are numbers of impartial computer forensics authorities in developed countries who provide all litigation function at request of courts and their services can obtain for getting computer evidence. Computer Forensics identifies, acquire, restore, and analyze electronic data in litigation.The computer forensics performs their legal duties regarding digital discovery of the documents. When we look into the legal history of these digital discovery authorities, their function as certified authorities to all document produced in digital form developed with advanced with electronic communication. The assistance of computer forensics is employed by foreign courts for purpose of getting forensic view about the e-data or electronic evidence.The Computer Forensics authorities' employs various tools for purpose of verification of documents, starting from identify, acquire, restore, and analyze electronic documents for their admission and production before court of laws. There verification of documents is not limited to local disk data but even the remote server data is verified. From authentication of record to local hard drive to remote server, the certified forensic discovery authorities help in testifying acquired from data from NT, Novell, UNIX, and Linux servers and PCs, among others.IDENTIFICATION: There procedure adopted by the digital discovery authorities start from electronic discovery is identification. The electronic discovery is the identification of likely sources of relevant information comparing it with original electronic document. The identification of computer document and its comparison with original record through critical step to help ensure that data is not overlooked and each aspect of date is properly maintained and there is no tampering of database while its production before court of law. There view about the electronic document are requested of disk or remote documents and go on-site to inventory the data and look for hidden sources of taxpayer for evasion of record. In many cases, they present a written e-discovery report of web site and its links with database where it has been hosted.ACQUISITION: The identification of electronic documents is only the first step for proper identification of website link with data base. Once identified, the second step that they have to follow to gather the relevant information for authentication of the electronic evidence as to judge the reliance of the evidence. They take care to collect relevant information for coming to right conclusion regarding the authenticity of e-documents. They take care to avoid tampering of record and to maintain defensible chain-of-custody. There are three critical procedural phases judging the reliance of the electronic evidence and its presentation before the court of laws. Computer forensics employs uses forensically tools, their written protocols and internal procedures ensure that their work product with stands scrutiny in all jurisdictions where it is going to be presented before the court.RESTORATION: There are many hidden sources of electronic evidence that can not be retrieved without seeking the assistance of the authorities of foreign jurisdiction. Once information regarding the evidence existed out state jurisdiction gathered, document must have to follow the same procedure of as defined in acquire. Rather it is foreign jurisdiction or not, important information is not retrieved without tested forensic procedures and documentation. The computer forensics helps courts to avoid any unnecessary production of documents, while ensuring that potentially relevant documents are presented, including encrypted, compressed, and password-protected files, are presented before court properly.SEARCHING: Another method is used is filtering of electronic database received in electronic discovery. While undergoing search of the electronic evidence, the computer forensics uses a variety of methods, tools and appropriate search technique to widows and other operating system for increasing reliability of electronic document to the court of law. The electronic forensics authorities are given number of powers in connect with assessing the reliance of the electronic and figuring out the hidden sources of evidence.PRODUCTION: The production and admission before the court of law is primary function of these forensics authorities and the computer forensics produces legal documents of data to court by their certification. They are granted certification power by statute or they are working as independent autonomous bodies being famous for their impartial reports, they are often asked by court to give opinion about the electronic having agreed by both parties to suit. They produce copies of the data selected for review and offer recommendations and certification regarding the nature of electronic database to be viewed, organizes data as evidence.VERIFICATION: The computer forensics perform number of function, one of them is offering detailed written certified reports and analyses to courts to just adjudication of matter. As being declared as "friend-of-the-court" by experts, they assists judges with the interpretation electronic evidence being presented in court proceedings and the testimony of other electronic discovery experts. The court often needs the opinion of these experts regarding the building of the electronic evidence and reliance. For getting appropriate and meeting the reliance standard, although careful attention to detail in the early stages of electronic discovery builds solid expert testimony. The real aim of computer forensics to assist the court in reaching just conclusion regarding production of data as evidence but in Pakistan we have not yet legislated on role of computer forensics as expert role for identification, production and its admission before the court of law.Here need to encourage the computer forensics in Pakistan for getting accurate information for digital evidence. Their services can be obtained by contractual basis, or they can be incorporated in taxing authorities as confirming them special inspection power.Currently no computer forensics authorities are running their business in Pakistan, reason may be, and no efforts are made to provide legal framework for establishment of certification authorities and to discuss the economic measures for their promotion. The specific amendment should be made to incorporate, computer forensics, proposed vigilance authority as part of the tax structure so that the avoidance of the tax can be minimized.The writer is an advocate of High Court and practicing immigration and corporate laws in Pakistan since September 2001. Author can be contacted by Adil Law Company (Advocates and Immigration lawyers) Office No.3 2nd Flr Hafeez Chambers 85 The Mall Rd Lahore Pakistan Telephone: +9242-6306195 +9242- 6360108 Fax: + 9242 6360108 Cell: +92300 4254910 E-mail: adil.waseem@lawyer.com
Keyword : computer forensics,computer tracing,computer security,digital document identity
Service by Substitution in California
Author : David Hallstrom
Section 415.20 (b) of the California Civil Code Of Procedure States: If a copy of the summons and complaint cannot with reasonable
diligence be personally delivered to the person to be served, as
specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may
be served by leaving a copy of the summons and complaint at the
person's dwelling house, usual place of abode, usual place of
business, or usual mailing address other than a United States Postal
Service post office box, in the presence of a competent member of the
household or a person apparently in charge of his or her office,
place of business, or usual mailing address other than a United
States Postal Service post office box, at least 18 years of age, who
shall be informed of the contents thereof, and by thereafter mailing
a copy of the summons and of the complaint by first-class mail,
postage prepaid to the person to be served at the place where a copy
of the summons and complaint were left. Service of a summons in this
manner is deemed complete on the 10th day after the mailing.
Most process servers understand dwelling house or usual place of abode to mean the actual place where the person is currently staying. It has, however, been our experience that this means the official residence or place where the person is currently staying. We have found that most courts consider the dwelling house to be where the person is currently staying and the usual place of abode to mean the persons permanent residence, ie: the person lives with his parents but is currently away at school. The persons dwelling house would be where he is currently staying while in school and his usual place of abode would be his parents house where he returns on vacations and when school is on break and where he expects to return when he finishes school. The same applies if the person is currently in the hospital, away on a business trip or is on a vacation.
Usual place of business can mean different things. Say a person works every day in a factory on 8th St., that of course would be a usual place of business. Say a Doctor is on staff and shows up for work regularly at ABC Hospital. He also rents office space from a doctor's group at another location where he also sees paitents. It has been our experience that both places could be considered the Doctors usual place of business.
Usual mailing address other than a United States Postal Service post office box. Usual mailing address can be a private mail box service or any other place (Other than a U.S Post Office branch.) that the subject uses as a mailing address. This does not mean that the person must actually pick up or receive the mail. It only means that the person must use the address as a mailing address. Some people in order to evade creditors or others give out mailing addresses but never pick up the mail. If a person directs people to send that person's mail to a certain address then that address can be considered a usual place of mailing as the server would have no way of verifying that the mail is actually picked up.
Competent member of the household does not mean family member. It means anyone who resides at that residence, including full time live in nannys, maids, gardeners, friends, etc.. As long as the person resides ther full time they can be considered members of the household.
Person apparently in charge does not mean, as some process servers believe, a manager or officer of the business or place of mailing. It means "the person apparently in charge. If, at an office, the receptionist will not let the process server see anyone else in the office, then the receptionist is the highest person in charge that the server can serve. If the only person who works at a mail box service says that he or she is only a clerk, that person is still the person apparently in charge.
Serving a complaint in a gated community or security building where the security guard will not allow entrance. On May 28, 1992, in the case of Robert Bein vs Bechtel-Jochim, the California Court Of Appeals held that a guard gate does constitute part of the dwelling and therefore the guard is a competent member within the dwelling. The court reasoned that if a process server is not permitted to proceed to the actual residence, then the outer bounds of the actual dwelling place must be deemed to extend to the location at which the process server's progress is arrested.
Reasonable diligence has been interpreted differently in different jurisdictions, however, we have found that if three attempts are made at least eight hours apart and if at least two of those attempts are made at the address wher the papers are served then a substituted service on the fourth attempt is usually considered valid.The foregoing information is not given as legal advice. It is instead given as information and opinion gathered and developed through experience over the last thirty years. David Hallstrom is the owner of Hallstrom Detective Agency and although the agency no longer offers process serving services, it has, through it's servers, completed service of several hundred thousand legal documents. Although the author believes the information to be accurate no guarantee is made or implied.
Permission is given to reprint this article providing credit is given to the author, David G. Hallstrom, and a link is listed to Resources For Attorneys the owner of this article. Anyone or any company reprinting this article without giving proper credit and the correct link, is doing so without permission and will be subject to legal action.
Keyword : process,service,california,law,legal,resource,resources
Section 415.20 (b) of the California Civil Code Of Procedure States: If a copy of the summons and complaint cannot with reasonable
diligence be personally delivered to the person to be served, as
specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may
be served by leaving a copy of the summons and complaint at the
person's dwelling house, usual place of abode, usual place of
business, or usual mailing address other than a United States Postal
Service post office box, in the presence of a competent member of the
household or a person apparently in charge of his or her office,
place of business, or usual mailing address other than a United
States Postal Service post office box, at least 18 years of age, who
shall be informed of the contents thereof, and by thereafter mailing
a copy of the summons and of the complaint by first-class mail,
postage prepaid to the person to be served at the place where a copy
of the summons and complaint were left. Service of a summons in this
manner is deemed complete on the 10th day after the mailing.
Most process servers understand dwelling house or usual place of abode to mean the actual place where the person is currently staying. It has, however, been our experience that this means the official residence or place where the person is currently staying. We have found that most courts consider the dwelling house to be where the person is currently staying and the usual place of abode to mean the persons permanent residence, ie: the person lives with his parents but is currently away at school. The persons dwelling house would be where he is currently staying while in school and his usual place of abode would be his parents house where he returns on vacations and when school is on break and where he expects to return when he finishes school. The same applies if the person is currently in the hospital, away on a business trip or is on a vacation.
Usual place of business can mean different things. Say a person works every day in a factory on 8th St., that of course would be a usual place of business. Say a Doctor is on staff and shows up for work regularly at ABC Hospital. He also rents office space from a doctor's group at another location where he also sees paitents. It has been our experience that both places could be considered the Doctors usual place of business.
Usual mailing address other than a United States Postal Service post office box. Usual mailing address can be a private mail box service or any other place (Other than a U.S Post Office branch.) that the subject uses as a mailing address. This does not mean that the person must actually pick up or receive the mail. It only means that the person must use the address as a mailing address. Some people in order to evade creditors or others give out mailing addresses but never pick up the mail. If a person directs people to send that person's mail to a certain address then that address can be considered a usual place of mailing as the server would have no way of verifying that the mail is actually picked up.
Competent member of the household does not mean family member. It means anyone who resides at that residence, including full time live in nannys, maids, gardeners, friends, etc.. As long as the person resides ther full time they can be considered members of the household.
Person apparently in charge does not mean, as some process servers believe, a manager or officer of the business or place of mailing. It means "the person apparently in charge. If, at an office, the receptionist will not let the process server see anyone else in the office, then the receptionist is the highest person in charge that the server can serve. If the only person who works at a mail box service says that he or she is only a clerk, that person is still the person apparently in charge.
Serving a complaint in a gated community or security building where the security guard will not allow entrance. On May 28, 1992, in the case of Robert Bein vs Bechtel-Jochim, the California Court Of Appeals held that a guard gate does constitute part of the dwelling and therefore the guard is a competent member within the dwelling. The court reasoned that if a process server is not permitted to proceed to the actual residence, then the outer bounds of the actual dwelling place must be deemed to extend to the location at which the process server's progress is arrested.
Reasonable diligence has been interpreted differently in different jurisdictions, however, we have found that if three attempts are made at least eight hours apart and if at least two of those attempts are made at the address wher the papers are served then a substituted service on the fourth attempt is usually considered valid.The foregoing information is not given as legal advice. It is instead given as information and opinion gathered and developed through experience over the last thirty years. David Hallstrom is the owner of Hallstrom Detective Agency and although the agency no longer offers process serving services, it has, through it's servers, completed service of several hundred thousand legal documents. Although the author believes the information to be accurate no guarantee is made or implied.
Permission is given to reprint this article providing credit is given to the author, David G. Hallstrom, and a link is listed to Resources For Attorneys the owner of this article. Anyone or any company reprinting this article without giving proper credit and the correct link, is doing so without permission and will be subject to legal action.
Keyword : process,service,california,law,legal,resource,resources
Legal Ethics - Is it proper for a NY lawyer to solicit an accident victim after a car crash?
Author : Gerry Oginski
Q: My mother was in a car accident last week, and already she's gotten letters from lawyers asking if she's ok, and if she wants a lawyer? Is it ethical for a lawyer to send such a letter?A: First, I hope she is feeling better. Second, in limited circumstances in New York, it may be acceptable for an attorney to send such a letter to a victim of an accident. The majority of lawyers feel such a letter to a victims' home is demeaning and degrading. Some lawyers feel this is nothing but a solicitation, which is clearly not permitted in New York. Other attorneys (the ones who send these letters) feel that it may be their only chance to entice the injured victim to come to them as a client.The letter is supposed to only offer them legal assistance and guidance- should they want it. Again, how do you choose which attorney to use when you're inundated with a flood of letters from different lawyers promising to help you with your accident claim?The answer is simpler than you think. Ask yourself why a an attorney would even bother to send such a letter. Are they really that desperate to need to send such a letter? How did they get your name anyway? I'll tell you how- maybe it came from the tow truck operator who took your car away. Maybe it was from an ambulance technician. Maybe it was from a police blotter at the police station. (That's public information that many investigators working for lawyers troll for in various police stations).Ask yourself another question. Do you let a stranger into your house simply because he says he saw you need a paint job, and amazingly, he's a painter who is willing to paint your house for a great price? Did you call him? No. Did you seek out other customers of his to determine if he's reliable and professional? No. He just showed up while trolling through the neighborhood. Is this the type of painter you want working in your house? I don't think so.The same rationale holds true for a lawyer that sends you an unsolicited letter following an accident. What do you know about that lawyer? Probably nothing. Does that mean that he (or she) isn't a good lawyer? No. But, again, think who you want for your attorney. Does it help knowing that your lawyer gets many cases this way, by sending out unsolicited lawyer letters hoping that a few unknowing people will answer the letter? The choice, as always is yours. Make an informed choice.Attorney Oginski has been in practice for over 16 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client's are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client's case from start to finish.Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at http://www.oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.
Keyword : Car accident, injury, legal ethics, attorney ethics, solicitation, accident, victim, accidents, law
Q: My mother was in a car accident last week, and already she's gotten letters from lawyers asking if she's ok, and if she wants a lawyer? Is it ethical for a lawyer to send such a letter?A: First, I hope she is feeling better. Second, in limited circumstances in New York, it may be acceptable for an attorney to send such a letter to a victim of an accident. The majority of lawyers feel such a letter to a victims' home is demeaning and degrading. Some lawyers feel this is nothing but a solicitation, which is clearly not permitted in New York. Other attorneys (the ones who send these letters) feel that it may be their only chance to entice the injured victim to come to them as a client.The letter is supposed to only offer them legal assistance and guidance- should they want it. Again, how do you choose which attorney to use when you're inundated with a flood of letters from different lawyers promising to help you with your accident claim?The answer is simpler than you think. Ask yourself why a an attorney would even bother to send such a letter. Are they really that desperate to need to send such a letter? How did they get your name anyway? I'll tell you how- maybe it came from the tow truck operator who took your car away. Maybe it was from an ambulance technician. Maybe it was from a police blotter at the police station. (That's public information that many investigators working for lawyers troll for in various police stations).Ask yourself another question. Do you let a stranger into your house simply because he says he saw you need a paint job, and amazingly, he's a painter who is willing to paint your house for a great price? Did you call him? No. Did you seek out other customers of his to determine if he's reliable and professional? No. He just showed up while trolling through the neighborhood. Is this the type of painter you want working in your house? I don't think so.The same rationale holds true for a lawyer that sends you an unsolicited letter following an accident. What do you know about that lawyer? Probably nothing. Does that mean that he (or she) isn't a good lawyer? No. But, again, think who you want for your attorney. Does it help knowing that your lawyer gets many cases this way, by sending out unsolicited lawyer letters hoping that a few unknowing people will answer the letter? The choice, as always is yours. Make an informed choice.Attorney Oginski has been in practice for over 16 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client's are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client's case from start to finish.Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at http://www.oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.
Keyword : Car accident, injury, legal ethics, attorney ethics, solicitation, accident, victim, accidents, law
Marketing Authorisation: Distinction Between Food Additives and Medicinal Products
Author : Rosanna Cooper
The case HLH Warenvertriebs GmbH and another v Germany (Joined cases C-211/03, C-299/03 and C-316/03 to C-318/03) was decided by the Court of Justice of the European Communities (First Chamber).The applicants, HLH Warenvertriebs GmbH and another, intended to import into Germany and market certain products that were on the market as food supplements in the Netherlands. They planned to market the products also as food supplements. The applicant applied for marketing authorisation to market the products in Germany as food supplements. The applicants requested the German federal ministry for consumer protection, food and agriculture to adopt a general decision concerning marketing authorisations, pursuant to national law. The German Federal Ministry refused and they brought proceedings before the regional administrative court against this refusal. The court dismissed their actions. The main ground on which the proceedings were dismissed was that the products were medicinal products, not foodstuffs.The applicants appealed to the higher administrative court. This court then stayed proceedings and referred the case to the Court of Justice of the European Communities ("European Court") for a preliminary ruling regarding the interpretation of a number of provisions of Community law, in particular:-Novel foods and novel food ingredients (Parliament and Council Regulation (EC) 258/97);Articles 28 and 30 of the EC Treaty;The Community code relating to medicinal products for human use (Parliament and Council Directive (EC) 2001/83);The general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (Parliament and Council Regulation (EC) 178/2002);
and
The approximation of the laws of the member states relating to food supplements (Parliament and Council Directive (EC) 2002/46).The European Court decided:In order to classify a product as a medicinal product or as a foodstuff, all the characteristics of the product had to be taken into account as established in the initial stage of the product i.e. where it was mixed, the method by which it was used and whether with water or with yoghurt.Regulation 178/2002 (No 4 above) constituted an additional set of rules in relation to Council Directive (EC) 2002/46 (No 5 above).It was only the provisions of Community law specific to medicinal products which applied to a product that satisfied equally the conditions for classification as a foodstuff and the conditions for classification as a medicinal product.The competent authorities in member states had to:-use the pharmacological properties of a product to ascertain, in the light of the potential capacities of the product, whether it might, for the purposes of the second subparagraph of art 1(2) of directive 2001/83 (No 3 above), be administered to human beings with a view to making a medical diagnosis or to restoring, correcting or modifying physiological functions in human beings.establish the risk to health of human beings of using this product in the context of the classification of the product as a medicinal product.A product which constituted a medicinal product within the meaning of directive 2001/83 (No 3 above) might be imported into another member state only upon acquisition of a marketing authorisation issued in accordance with the provisions of that directive, even where it was lawfully marketed as a foodstuff in another member state.The concept of 'upper safe levels' in art 5(1)(a) of directive 2002/46 (No 5 above) was not of importance for the purposes of drawing a distinction between medicinal products and foodstuffs.In evaluating the risks that foodstuffs or food supplements might constitute for human health by a member state, the member state has to take into account whether there is a nutritional need in the population of that member state. However, the absence of such a nutritional need did not in itself justify, either under art 30 EC (No 1 above) or under art 12 of directive 2002/46, a complete ban on marketing foodstuffs or food supplements lawfully manufactured or placed on the market in another member state.Article 1(2) of regulation 258/97 (No 1 above) should be interpreted to mean that a food or a food ingredient had not been used for human consumption to a significant degree within the Community if, when all the circumstances of the case were taken into account, it was established that that food or food ingredient had not been consumed in a significant quantity by humans in any of the member states before the reference date.A national court could not directly refer questions regarding the classification of products to the European Food Safety Authority (EFSA). If the EFSA delivered an opinion, say, in a case forming the subject-matter of a dispute pending before a national court, this might constitute evidence that the national court could take into consideration in the context of that dispute.If you require further information contact us.Email: enquiries@rtcoopers.com© RT COOPERS, 2005. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.Rosanna Cooper is a partner in RT Coopers Solicitors a full service law firm in London. The firm specialises in patents, trade marks, copyright, designs, technology transfer, biotechnology and pharmaceutical law. The firm has a flexible approach to fees and provides the highest quality legal advice.Contact us at enquiries@rtcoopers.com. visit our website at http://www.rtcoopers.com
Keyword : Intellectual Property, Food Law, Patents, Trade Marks, Exhaustion of Rights, Pharmaceuticals Law
The case HLH Warenvertriebs GmbH and another v Germany (Joined cases C-211/03, C-299/03 and C-316/03 to C-318/03) was decided by the Court of Justice of the European Communities (First Chamber).The applicants, HLH Warenvertriebs GmbH and another, intended to import into Germany and market certain products that were on the market as food supplements in the Netherlands. They planned to market the products also as food supplements. The applicant applied for marketing authorisation to market the products in Germany as food supplements. The applicants requested the German federal ministry for consumer protection, food and agriculture to adopt a general decision concerning marketing authorisations, pursuant to national law. The German Federal Ministry refused and they brought proceedings before the regional administrative court against this refusal. The court dismissed their actions. The main ground on which the proceedings were dismissed was that the products were medicinal products, not foodstuffs.The applicants appealed to the higher administrative court. This court then stayed proceedings and referred the case to the Court of Justice of the European Communities ("European Court") for a preliminary ruling regarding the interpretation of a number of provisions of Community law, in particular:-Novel foods and novel food ingredients (Parliament and Council Regulation (EC) 258/97);Articles 28 and 30 of the EC Treaty;The Community code relating to medicinal products for human use (Parliament and Council Directive (EC) 2001/83);The general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (Parliament and Council Regulation (EC) 178/2002);
and
The approximation of the laws of the member states relating to food supplements (Parliament and Council Directive (EC) 2002/46).The European Court decided:In order to classify a product as a medicinal product or as a foodstuff, all the characteristics of the product had to be taken into account as established in the initial stage of the product i.e. where it was mixed, the method by which it was used and whether with water or with yoghurt.Regulation 178/2002 (No 4 above) constituted an additional set of rules in relation to Council Directive (EC) 2002/46 (No 5 above).It was only the provisions of Community law specific to medicinal products which applied to a product that satisfied equally the conditions for classification as a foodstuff and the conditions for classification as a medicinal product.The competent authorities in member states had to:-use the pharmacological properties of a product to ascertain, in the light of the potential capacities of the product, whether it might, for the purposes of the second subparagraph of art 1(2) of directive 2001/83 (No 3 above), be administered to human beings with a view to making a medical diagnosis or to restoring, correcting or modifying physiological functions in human beings.establish the risk to health of human beings of using this product in the context of the classification of the product as a medicinal product.A product which constituted a medicinal product within the meaning of directive 2001/83 (No 3 above) might be imported into another member state only upon acquisition of a marketing authorisation issued in accordance with the provisions of that directive, even where it was lawfully marketed as a foodstuff in another member state.The concept of 'upper safe levels' in art 5(1)(a) of directive 2002/46 (No 5 above) was not of importance for the purposes of drawing a distinction between medicinal products and foodstuffs.In evaluating the risks that foodstuffs or food supplements might constitute for human health by a member state, the member state has to take into account whether there is a nutritional need in the population of that member state. However, the absence of such a nutritional need did not in itself justify, either under art 30 EC (No 1 above) or under art 12 of directive 2002/46, a complete ban on marketing foodstuffs or food supplements lawfully manufactured or placed on the market in another member state.Article 1(2) of regulation 258/97 (No 1 above) should be interpreted to mean that a food or a food ingredient had not been used for human consumption to a significant degree within the Community if, when all the circumstances of the case were taken into account, it was established that that food or food ingredient had not been consumed in a significant quantity by humans in any of the member states before the reference date.A national court could not directly refer questions regarding the classification of products to the European Food Safety Authority (EFSA). If the EFSA delivered an opinion, say, in a case forming the subject-matter of a dispute pending before a national court, this might constitute evidence that the national court could take into consideration in the context of that dispute.If you require further information contact us.Email: enquiries@rtcoopers.com© RT COOPERS, 2005. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.Rosanna Cooper is a partner in RT Coopers Solicitors a full service law firm in London. The firm specialises in patents, trade marks, copyright, designs, technology transfer, biotechnology and pharmaceutical law. The firm has a flexible approach to fees and provides the highest quality legal advice.Contact us at enquiries@rtcoopers.com. visit our website at http://www.rtcoopers.com
Keyword : Intellectual Property, Food Law, Patents, Trade Marks, Exhaustion of Rights, Pharmaceuticals Law
What Should I Do If I Am Arrested?
Author : Philipp Kostins
While no one ever plans on being arrested, it is a good idea to know what you should and shouldn't do in case it ever happens. By understanding what is expected of you and what circumstance can make your situation worse, you will be better able to handle the distress and fear that comes with being arrested.First of all, there are certain things that you should do if you ever find yourself in this scary situation. Do attempt to stay calm and try to only speak to the police officer in a respectful, polite manner and tone of voice. By staying calm you will be better able to assess the situation for what it really is and better able to recall all of the details of your arrest later for your attorney. By being polite and respectful you will cut down on the chances that the arresting officers will become angry or aggressive, which could lead to your being injured or harmed.Do give the basic information that the officers are asking for without being surly or rude. This information includes your name, address, and telephone number, the name of an immediate family member and their phone number and the name of the place of your employment. Not only do the police officers need this information to file the forms of your arrest, they will also need it when setting your bail.Do exercise your right to remain silent. You are not required by law to answer any questions that could incriminate you and you do not have to speak to the police, district attorney or anyone unless you are in the presence of your lawyer. If the police continue to ask you questions or harass you for answers, you should simply keep repeating the phrase, "I wish to speak to my attorney".Do exercise your right to make one phone call. This call should probably go to your lawyer but in a case where you do not have a lawyer, you should call a close family member and instruct them to obtain legal counsel for you as soon as possible.Do attempt to get the names and badge numbers of the police officers that arrest you. You have a right to this information but for various reasons, some officers may attempt not to disclose this information to you.There are also a number of things that you should not do if you ever find yourself under arrest.Do not resist arrest. Even if you believe that the charges held against you are false, insisting on your innocence at this point will not help you or stop the arrest. Wait until you are taken to the police station and allowed to call an attorney. Once your attorney arrives, speak through him or her to defend you innocence.Do not act in an aggressive manner or yell out threats about filing harassment complaints. Aggressive behavior will only cause the police officers to try to restrain you and your bad behavior could be held against you later when you are trying to fight the charges in court.Do not complain when the police officers handcuff, search, fingerprint or photograph you. All of these processes are a normal result of being arrested. Go through the process with as much cooperation with possible.While being arrested will never be a pleasant experience, the way you act and the things you choose to do and not do while going through the process can go a long way toward easing the pain, inconvenience and humiliation of the experience.© 2005 LawyerVista, a website where you can perform a lawyer search for your city or state, including Albany criminal lawyers and Oregon criminal lawyers.You may reprint this article as long as you don't alter or edit it in any way and include the author's credits and this copyright notice including a working link to us.
Keyword : law,lawyer,attorney,crime,accident,legal
While no one ever plans on being arrested, it is a good idea to know what you should and shouldn't do in case it ever happens. By understanding what is expected of you and what circumstance can make your situation worse, you will be better able to handle the distress and fear that comes with being arrested.First of all, there are certain things that you should do if you ever find yourself in this scary situation. Do attempt to stay calm and try to only speak to the police officer in a respectful, polite manner and tone of voice. By staying calm you will be better able to assess the situation for what it really is and better able to recall all of the details of your arrest later for your attorney. By being polite and respectful you will cut down on the chances that the arresting officers will become angry or aggressive, which could lead to your being injured or harmed.Do give the basic information that the officers are asking for without being surly or rude. This information includes your name, address, and telephone number, the name of an immediate family member and their phone number and the name of the place of your employment. Not only do the police officers need this information to file the forms of your arrest, they will also need it when setting your bail.Do exercise your right to remain silent. You are not required by law to answer any questions that could incriminate you and you do not have to speak to the police, district attorney or anyone unless you are in the presence of your lawyer. If the police continue to ask you questions or harass you for answers, you should simply keep repeating the phrase, "I wish to speak to my attorney".Do exercise your right to make one phone call. This call should probably go to your lawyer but in a case where you do not have a lawyer, you should call a close family member and instruct them to obtain legal counsel for you as soon as possible.Do attempt to get the names and badge numbers of the police officers that arrest you. You have a right to this information but for various reasons, some officers may attempt not to disclose this information to you.There are also a number of things that you should not do if you ever find yourself under arrest.Do not resist arrest. Even if you believe that the charges held against you are false, insisting on your innocence at this point will not help you or stop the arrest. Wait until you are taken to the police station and allowed to call an attorney. Once your attorney arrives, speak through him or her to defend you innocence.Do not act in an aggressive manner or yell out threats about filing harassment complaints. Aggressive behavior will only cause the police officers to try to restrain you and your bad behavior could be held against you later when you are trying to fight the charges in court.Do not complain when the police officers handcuff, search, fingerprint or photograph you. All of these processes are a normal result of being arrested. Go through the process with as much cooperation with possible.While being arrested will never be a pleasant experience, the way you act and the things you choose to do and not do while going through the process can go a long way toward easing the pain, inconvenience and humiliation of the experience.© 2005 LawyerVista, a website where you can perform a lawyer search for your city or state, including Albany criminal lawyers and Oregon criminal lawyers.You may reprint this article as long as you don't alter or edit it in any way and include the author's credits and this copyright notice including a working link to us.
Keyword : law,lawyer,attorney,crime,accident,legal
Citizens Lack Personal Responsibility Thanks to Lawyers
Author : Lance Winslow
Recently I met a young college student who was to become a lawyer. She said that she planned on becoming an attorney for slip and fall injuries. I told her that I hoped she slipped and fell so hard she had amnesia while traveling in Bangladesh. She was taken a back by my comment and asked what my problem is. I said as an entrepreneur, you are, that is to say Lawyers are the biggest problem facing American Business.She indicated that she would be helping people who fell get the representation that they needed. I indicated to her, that she was full of crap and only cared about making money illegitimately on the backs of hard working businesses. She said that business owners who did not keep up their properties should pay and not be able to get away with things. I said oh, really and I suppose after they are done paying the lawsuit and gone out of business that they would then be able to comply with your version of what was needed? I told her that was pure hokum as there are already regulations for such things and they are enforced and that most of the regulations were in place because of trial lawyer lobbyists to make your extortion tactics to win lawsuits easier? She was a cute gal, about 25 and thought she could easily outwit me?I asked her; are you saying that no one is to blame for anything? Are you proposing that we continue to relieve the citizens, government or companies of any blame for any action? If so, you will be promoting a very scary future, yet one, which is coming. Are you to saying you are on-board with new paradigm of the right to be irresponsible?She retorted back; "Well I do not care what you say, I am going to be a lawyer and I am going to sue people like you!" I said I see, and you will probably make a good one too, you think just like the rest of those scoundrels already and you have not even passed the bar yet. Think on this.Lance Winslow - Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; www.WorldThinkTank.net/wttbbs/
Keyword : slip and fall, lawsuits, lawyers, companies, government, blame, responsibility
Recently I met a young college student who was to become a lawyer. She said that she planned on becoming an attorney for slip and fall injuries. I told her that I hoped she slipped and fell so hard she had amnesia while traveling in Bangladesh. She was taken a back by my comment and asked what my problem is. I said as an entrepreneur, you are, that is to say Lawyers are the biggest problem facing American Business.She indicated that she would be helping people who fell get the representation that they needed. I indicated to her, that she was full of crap and only cared about making money illegitimately on the backs of hard working businesses. She said that business owners who did not keep up their properties should pay and not be able to get away with things. I said oh, really and I suppose after they are done paying the lawsuit and gone out of business that they would then be able to comply with your version of what was needed? I told her that was pure hokum as there are already regulations for such things and they are enforced and that most of the regulations were in place because of trial lawyer lobbyists to make your extortion tactics to win lawsuits easier? She was a cute gal, about 25 and thought she could easily outwit me?I asked her; are you saying that no one is to blame for anything? Are you proposing that we continue to relieve the citizens, government or companies of any blame for any action? If so, you will be promoting a very scary future, yet one, which is coming. Are you to saying you are on-board with new paradigm of the right to be irresponsible?She retorted back; "Well I do not care what you say, I am going to be a lawyer and I am going to sue people like you!" I said I see, and you will probably make a good one too, you think just like the rest of those scoundrels already and you have not even passed the bar yet. Think on this.Lance Winslow - Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; www.WorldThinkTank.net/wttbbs/
Keyword : slip and fall, lawsuits, lawyers, companies, government, blame, responsibility
DUI: What You Need to Know Now!
Author : Frederic Madore
DUI. Driving Under Influence.You've been told a thousand and one times that you shouldn't drive and drink. Or take drugs for that matter. But when you do get into that sticky DUI situation, here are important information that will get you through your ordeal.Arrested for DUI.
Once you're arrested for DUI, this is what happens. The officer who caught you will immediately send a copy of the suspension or revocation form of your driver's license with your sworn statement ( you'll be made to sign it) to the Department of Motor Vehicles or DMV. DMW reviews the report and if they say the report is good, which is to your disadvantage, you may request a hearing to contest the suspension or revocation.Confiscated license after the arrest.
Your driver's license will be returned to you at the end of the suspension or revocation, provided that you pay a re-issue fee to the DMV and file a proof of financial responsibility. IF DMV finds out that there no basis for the suspension or revocation, your driver license will be issued or returned to you.Order of Suspension and Temporary License.
This is given by the officer after the arrest for DUI. You may drive for 30 days from the date the order of suspension or revocation was issued, provided that you have California driver license and your driver license is not expired, or your driving privilege is not suspended or revoked for some other reason.Administrative Hearing.
Once arrested, the officer will give you a Notice of Suspension which says that you have ten days to request an administrative hearing. A hearing is your opportunity to show that the suspension or revocation is not justified. It's your chance to plead you case.Suspension of driving privilege of you took the test.
If you are 21 years of age or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC (blood/breath alcohol concentration )or more:. A first offense will result in a 4-month suspension. A second or subsequent offense within 7 years will result in a 1-year suspension. If you are under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year.Restricted License.
If you have work and you need to drive to work, you may apply for a restricted license to drive to and from work at any DMV field office.
Refusal to take the chemical test.You are required by law to take the chemical test to check the alcohol or drug content in your blood. There is no more urine test unless: The officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol or both the blood or breath tests are not available. You can also take the urine test if you are hemophiliac (a disease wherein you have uncontrollable bleeding) or you are taking anticoagulant (prevents clotting of the blood) medication in for your heart condition.Suspension of driving privilege if you refuse to take the chemical test.
If you were 21 years of older at the time of arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test: A first offense will result in a 1-year suspension. A second offense within 7 years will result in a 2-year revocation. A third or subsequent offense within 7 years will result in a 3-year revocation.If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete the test: A first offense will result in a 1-year suspension. A second offense within 7 years will result in a 2-year revocation. A third or subsequent offense within 7 years will result in a 3-year revocation.Difference between DUI arrest from suspension or revocation after conviction in criminal court. The DMV suspension or revocation is an administrative action taken against your driving privilege only. The suspension or revocation following a conviction in court is a mandatory action for which jail, fine, or other criminal penalty can be imposed.Frederic Madore is the founder of the DUI Information Center. Get the best information about DUI and DUI Laws.
Keyword : dui,dui laws
DUI. Driving Under Influence.You've been told a thousand and one times that you shouldn't drive and drink. Or take drugs for that matter. But when you do get into that sticky DUI situation, here are important information that will get you through your ordeal.Arrested for DUI.
Once you're arrested for DUI, this is what happens. The officer who caught you will immediately send a copy of the suspension or revocation form of your driver's license with your sworn statement ( you'll be made to sign it) to the Department of Motor Vehicles or DMV. DMW reviews the report and if they say the report is good, which is to your disadvantage, you may request a hearing to contest the suspension or revocation.Confiscated license after the arrest.
Your driver's license will be returned to you at the end of the suspension or revocation, provided that you pay a re-issue fee to the DMV and file a proof of financial responsibility. IF DMV finds out that there no basis for the suspension or revocation, your driver license will be issued or returned to you.Order of Suspension and Temporary License.
This is given by the officer after the arrest for DUI. You may drive for 30 days from the date the order of suspension or revocation was issued, provided that you have California driver license and your driver license is not expired, or your driving privilege is not suspended or revoked for some other reason.Administrative Hearing.
Once arrested, the officer will give you a Notice of Suspension which says that you have ten days to request an administrative hearing. A hearing is your opportunity to show that the suspension or revocation is not justified. It's your chance to plead you case.Suspension of driving privilege of you took the test.
If you are 21 years of age or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC (blood/breath alcohol concentration )or more:. A first offense will result in a 4-month suspension. A second or subsequent offense within 7 years will result in a 1-year suspension. If you are under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year.Restricted License.
If you have work and you need to drive to work, you may apply for a restricted license to drive to and from work at any DMV field office.
Refusal to take the chemical test.You are required by law to take the chemical test to check the alcohol or drug content in your blood. There is no more urine test unless: The officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol or both the blood or breath tests are not available. You can also take the urine test if you are hemophiliac (a disease wherein you have uncontrollable bleeding) or you are taking anticoagulant (prevents clotting of the blood) medication in for your heart condition.Suspension of driving privilege if you refuse to take the chemical test.
If you were 21 years of older at the time of arrest and you refused or failed to complete a blood or breath test, or (if applicable) a urine test: A first offense will result in a 1-year suspension. A second offense within 7 years will result in a 2-year revocation. A third or subsequent offense within 7 years will result in a 3-year revocation.If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete the test: A first offense will result in a 1-year suspension. A second offense within 7 years will result in a 2-year revocation. A third or subsequent offense within 7 years will result in a 3-year revocation.Difference between DUI arrest from suspension or revocation after conviction in criminal court. The DMV suspension or revocation is an administrative action taken against your driving privilege only. The suspension or revocation following a conviction in court is a mandatory action for which jail, fine, or other criminal penalty can be imposed.Frederic Madore is the founder of the DUI Information Center. Get the best information about DUI and DUI Laws.
Keyword : dui,dui laws
Full Disclosure for All Lawyers
Author : Lance Winslow
It seems like Lawyers are always in the news for some unethical behavior. But this should not be surprising as Male Lawyers are seven times more likely to cheat on their wives with another woman or Man than the average American. Since we have lawyers abusing the law so often yet pretend to be upholding it in some helpful way, we need more disclosure. We should demand phone records, financial records and all lawyers must be made to publish their books, so we can tell where the payoffs to judges went if any. Additionally we must register them and have GPS devices, which we can inject into their skin. This will help us in the future find them, when they try to hide, when society is so sick and tired of their BS, that we take Caesars advice and be done with it.As a business man, we have regulations calling for massive disclosure about ever facet of our personal lives and businesses, yes, down to the toilet tissue counts for the annual audit, we must pay for this out of our profits. Everything the government does, every ridiculous, asinine rule that some agency comes up with, we must comply. Then we have to prove our audits are correct, we have to pay more accountants to review what we just paid to have checked?Then we have to ask our attorney if every single business decision we make is lawful and there are so many areas of law and so many laws, that no lawyer can know all the information. But the attorneys hide all the information, government forms from us so we have to hire them, teams of lawyers and accountants. And if, we fail to make a profit or someone says we did something wrong the government launches an investigation on hear say and the lawyers go in for the kill. Lawyers in my opinion are the biggest group of self-serving scoundrels and cockroaches that have ever walked the earth. One business friend of mine calls them Sub-Humans. (freedom of speech).I therefore propose that we have complete and full disclosure from every attorney firm and updates immediately of any changes in their firm, which are material. Failure to comply should be met with jail time mandatory. Until which time we start monitoring these lawyers they will continue to operate above the law and remain parasites of our civilizations greatest productive assets. Think on this, I am with Caesar, you should be too.Lance Winslow - Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; www.WorldThinkTank.net/wttbbs/
Keyword : Full Disclosure, Lawyers, attorneys, unethical
It seems like Lawyers are always in the news for some unethical behavior. But this should not be surprising as Male Lawyers are seven times more likely to cheat on their wives with another woman or Man than the average American. Since we have lawyers abusing the law so often yet pretend to be upholding it in some helpful way, we need more disclosure. We should demand phone records, financial records and all lawyers must be made to publish their books, so we can tell where the payoffs to judges went if any. Additionally we must register them and have GPS devices, which we can inject into their skin. This will help us in the future find them, when they try to hide, when society is so sick and tired of their BS, that we take Caesars advice and be done with it.As a business man, we have regulations calling for massive disclosure about ever facet of our personal lives and businesses, yes, down to the toilet tissue counts for the annual audit, we must pay for this out of our profits. Everything the government does, every ridiculous, asinine rule that some agency comes up with, we must comply. Then we have to prove our audits are correct, we have to pay more accountants to review what we just paid to have checked?Then we have to ask our attorney if every single business decision we make is lawful and there are so many areas of law and so many laws, that no lawyer can know all the information. But the attorneys hide all the information, government forms from us so we have to hire them, teams of lawyers and accountants. And if, we fail to make a profit or someone says we did something wrong the government launches an investigation on hear say and the lawyers go in for the kill. Lawyers in my opinion are the biggest group of self-serving scoundrels and cockroaches that have ever walked the earth. One business friend of mine calls them Sub-Humans. (freedom of speech).I therefore propose that we have complete and full disclosure from every attorney firm and updates immediately of any changes in their firm, which are material. Failure to comply should be met with jail time mandatory. Until which time we start monitoring these lawyers they will continue to operate above the law and remain parasites of our civilizations greatest productive assets. Think on this, I am with Caesar, you should be too.Lance Winslow - Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; www.WorldThinkTank.net/wttbbs/
Keyword : Full Disclosure, Lawyers, attorneys, unethical
Where's An Attorney When You Need One?
Author : Charles Kassotis
Many of us like to think we'll live forever. Or at least we act that way, never giving thought to the necessary preparations for dying or the possibility of having an accident or becoming a victim to someone else's negligence. So when these things happen or become imminent, we suddenly are forced to scramble in search of legal advice or assistance. That's why it helps to have the name of a good local attorney on hand.Start by checking your city's legal directory or bar association for the name of a general practice attorney who can help you with a variety of legal questions, including estate planning, making a will, preparing a power of attorney for aging relatives, arranging guardianships, helping with debt management, and offering legal counsel for other matters. You may even want to set up an initial meeting to introduce yourself and provide a personal overview. Your attorney can ask about certain areas of your life that could benefit from legal direction, or you may want to discuss certain areas that you are unsure about.If your region does not have a local bar association, contact the state bar association to request a referral to a licensed practicing attorney in your area. You also might want to browse the Internet to visit websites of law firms that specialize in various kinds of law that might pertain to your situation. For example, if you were recently involved in a car accident, you may want to find an attorney who handles personal injury or property damage insurance claims. Or if your mother needs help in paying her bills due to declining physical or mental stability, an attorney can help you arrange for power of attorney or a guardianship.Of course, you can always use that old standby, the yellow pages of the telephone directory and call law firms listed there when you find one or more ads that appeal to you. Word of mouth is another way to find out which attorneys come recommended from family members, coworkers, and friends. Some legal firms advertise in the newspaper or on the radio, so check these areas, too.Don't wait until you need an attorney before contacting one. Consider making a living will in case you are seriously injured or ill in the future, and a regular will for making final arrangements for your demise, which all of us must face one day. You also can manage your financial holdings with an attorney's help so that they are ready to pass down when a minor child comes of age. Whatever your personal circumstances, a lawyer may be able to help you get fair terms and benefits to which you are entitled. Begin searching today so you will have the name of a competent lawyer handy when your time of need comes around.For help in finding an attorney, check out the Find Law Attorney Directory at http://www.lawyers.findlaw.com
Keyword : attorney,lawyer,attorneys,lawyers,legal,law,competent attorney,legal advice,attorney at law
Many of us like to think we'll live forever. Or at least we act that way, never giving thought to the necessary preparations for dying or the possibility of having an accident or becoming a victim to someone else's negligence. So when these things happen or become imminent, we suddenly are forced to scramble in search of legal advice or assistance. That's why it helps to have the name of a good local attorney on hand.Start by checking your city's legal directory or bar association for the name of a general practice attorney who can help you with a variety of legal questions, including estate planning, making a will, preparing a power of attorney for aging relatives, arranging guardianships, helping with debt management, and offering legal counsel for other matters. You may even want to set up an initial meeting to introduce yourself and provide a personal overview. Your attorney can ask about certain areas of your life that could benefit from legal direction, or you may want to discuss certain areas that you are unsure about.If your region does not have a local bar association, contact the state bar association to request a referral to a licensed practicing attorney in your area. You also might want to browse the Internet to visit websites of law firms that specialize in various kinds of law that might pertain to your situation. For example, if you were recently involved in a car accident, you may want to find an attorney who handles personal injury or property damage insurance claims. Or if your mother needs help in paying her bills due to declining physical or mental stability, an attorney can help you arrange for power of attorney or a guardianship.Of course, you can always use that old standby, the yellow pages of the telephone directory and call law firms listed there when you find one or more ads that appeal to you. Word of mouth is another way to find out which attorneys come recommended from family members, coworkers, and friends. Some legal firms advertise in the newspaper or on the radio, so check these areas, too.Don't wait until you need an attorney before contacting one. Consider making a living will in case you are seriously injured or ill in the future, and a regular will for making final arrangements for your demise, which all of us must face one day. You also can manage your financial holdings with an attorney's help so that they are ready to pass down when a minor child comes of age. Whatever your personal circumstances, a lawyer may be able to help you get fair terms and benefits to which you are entitled. Begin searching today so you will have the name of a competent lawyer handy when your time of need comes around.For help in finding an attorney, check out the Find Law Attorney Directory at http://www.lawyers.findlaw.com
Keyword : attorney,lawyer,attorneys,lawyers,legal,law,competent attorney,legal advice,attorney at law
Coverage Under Florida's Lemon Law
Author : E. B. Randall
If you live in Florida and you've got yourself stuck with what looks to you like a lemon car, you'll want to know about the Florida lemon Law. Florida's Lemon Law is basically supposed to help consumers who have ongoing problems with getting a new vehicle fixed to met the manufacturer's warranty.The intent of the law is to require that manufacturers provide refunds or vehicle replacement should a car (or other covered vehicle) fail to conform to the warranty terms after a reasonable number of attempts have been made to repair the vehicle. The Florida Lemon Law can be located in Chapter 681 of Florida Statutes.The exact definitions related to Florida's Lemon Law are in Section 681.102, Florida Statutes (Supp. 1992). The precise definitions can be important in certain cases where the circumstances are not completely clear.For protection under Florida's Lemon Law, the following must hold:Covered Vehicles:(1) a new vehicle purchased mainly for household, family or personal purposes;(2) new vehicles which are leased for more than one year with a written agreement providing that the lessee (that would be you) is responsible for repairs.(3) vehicles which were used as demonstrators if they are sold with a manufacturer's warranty - this is not actually a separate category, but more in the nature of a special circumstance.Vehicles which are Not Covered:(1) vehicles run only on tracks;
(2) off-road vehicles;
(3) trucks over ten thousand pounds gross weight;
(4) the living facilities of recreational vehicles;
(5) motorcycles or mopeds.What Problems are Covered:Any defect or condition that significantly damages the safety, use or value of a covered motor vehicle.Problems which are Not Covered:Any defect or problem which results from an abuse, neglect, modification/alteration of the vehicle by anyone who is not a manufacturer's service agent or an accident.Now that you have a good idea of just what is and isn't covered under the Florida Lemon, Take a look at the followup article on "How to Work With the Florida Lemon Law."The Office of the Attorney General has published more complete information in "Preserving Your Rights Under The Lemon Law." You can obtain this publication through the Division of Consumer Services at: (800)321-5366 or by writing to:Office of the Attorney General
Lemon Law Research Unit
The Capitol
Tallahassee, Florida 32399-1050E.B. Randall writes on a variety of subjects including issues such as lemon law vehicles. If you live n Florida and have been cursed with getting stuck with a lemon, you should read this article and visit http://lemon-law.werkz.info for more resources on dealing with a lemon vehicle.
Keyword : fl lemon law, florida lemon law, lemon law, lemon laws, lemon vehicle, lemon car
If you live in Florida and you've got yourself stuck with what looks to you like a lemon car, you'll want to know about the Florida lemon Law. Florida's Lemon Law is basically supposed to help consumers who have ongoing problems with getting a new vehicle fixed to met the manufacturer's warranty.The intent of the law is to require that manufacturers provide refunds or vehicle replacement should a car (or other covered vehicle) fail to conform to the warranty terms after a reasonable number of attempts have been made to repair the vehicle. The Florida Lemon Law can be located in Chapter 681 of Florida Statutes.The exact definitions related to Florida's Lemon Law are in Section 681.102, Florida Statutes (Supp. 1992). The precise definitions can be important in certain cases where the circumstances are not completely clear.For protection under Florida's Lemon Law, the following must hold:Covered Vehicles:(1) a new vehicle purchased mainly for household, family or personal purposes;(2) new vehicles which are leased for more than one year with a written agreement providing that the lessee (that would be you) is responsible for repairs.(3) vehicles which were used as demonstrators if they are sold with a manufacturer's warranty - this is not actually a separate category, but more in the nature of a special circumstance.Vehicles which are Not Covered:(1) vehicles run only on tracks;
(2) off-road vehicles;
(3) trucks over ten thousand pounds gross weight;
(4) the living facilities of recreational vehicles;
(5) motorcycles or mopeds.What Problems are Covered:Any defect or condition that significantly damages the safety, use or value of a covered motor vehicle.Problems which are Not Covered:Any defect or problem which results from an abuse, neglect, modification/alteration of the vehicle by anyone who is not a manufacturer's service agent or an accident.Now that you have a good idea of just what is and isn't covered under the Florida Lemon, Take a look at the followup article on "How to Work With the Florida Lemon Law."The Office of the Attorney General has published more complete information in "Preserving Your Rights Under The Lemon Law." You can obtain this publication through the Division of Consumer Services at: (800)321-5366 or by writing to:Office of the Attorney General
Lemon Law Research Unit
The Capitol
Tallahassee, Florida 32399-1050E.B. Randall writes on a variety of subjects including issues such as lemon law vehicles. If you live n Florida and have been cursed with getting stuck with a lemon, you should read this article and visit http://lemon-law.werkz.info for more resources on dealing with a lemon vehicle.
Keyword : fl lemon law, florida lemon law, lemon law, lemon laws, lemon vehicle, lemon car
Investment in India After Press Note 18
Author : Alishan Naqvee
In January 2005, Indian Prime Minister announced scrapping of the contentious Press Note 18 pertaining to foreign financial or technical collaboration under the automatic approval route with effect from January 2005. The scrapping of restrictive Press Note 18 was hailed as, and has proved to be, a positive step towards further liberalising foreign direct investments regulations in India.A. Press Note 18:In terms of Press Note 18, the automatic route (which requires no prior regulatory approval) for foreign investment was not available to foreign investors having an existing or previous venture or technology transfer/trade mark agreement in the same or allied field in India. Investors having a previous or existing venture or technology transfer/trade mark agreement in the same or allied field in India required prior Foreign Investment Promotion Board (FIPB) approval for such investment.To obtain FIPB approval, the foreign investor had to give detailed circumstances in which they found it necessary to setup a new joint venture/enter into new technology transfer (including trade-mark) and the onus was on such investors/technology suppliers to provide the requisite justification as also proof to the satisfaction of the FIPB that the new proposal would not in any way jeopardize the interests of the existing joint venture or technology/trade-mark partner or other stakeholders.In implementing Press Note 18, the Indian Government, in practice, required a letter/certificate from the existing Indian joint venture partner that it had no objection to the foreign partner's new investment proposal in the same or allied field.Press Note 18 was issued In the wake of the liberalization policy of the Government of India which allowed 100% foreign direct investment in almost all sectors of the economy without prior regulatory approval. Prior to the "opening up" of these sectors to 100% foreign direct investment, joint ventures were the popular mode of foreign investment in India in view of ceilings on foreign investment in several sectors. The objective of Press Note 18, it appears, was to protect the Indian joint venture partner against the prospect of the foreign joint venture partner walking out of the existing joint venture and joining hands with another Indian party or establishing its wholly-owned Indian subsidiary.B. Scrapping of Press note 18:In terms of Press Note 1 of 2005, new JVs and technical collaborations will no longer be governed by the provisions of Press Note 18.Pursuant to scrapping of Press note 18, the above restrictive provisions of Press Note 18 have been done away with for all future joint ventures in India between Indian and their foreign partners. In the new dispensation, new joint ventures and collaborations are being based on the free will of partners without any Government interference.An interesting development of Press Note 1 of 2005 is the acknowledgement that Indian companies as well as their foreign partners may contractually safeguard their interests in JVs through provisions in JV/collaboration agreements which tackle 'conflict of interest' situations, for example, where a JV partner decides to invest in another JV or a fully-owned subsidiary in the same field of activity.C. Non-Applicability on Existing JVs:The joint venture existing at the time of scrapping of Press Note 18 however continues to be protected by a few provisions of Press Note 18. Venture capital funds have however been exempted from the requirement of having to obtain a no-objection certificate from local partners for new investments. Similar freedom has been extended to sick companies and joint ventures where either the domestic or foreign venture partner hold less than 3% shareholding. International Finance Institutions and foreign direct investment proposals in the Information Technology sector had been exempted from the applicability of Press Note 18 in the year 2001 and 2000, respectively.The need for consent from both domestic and foreign venture partners will apply in the case of existing JVs only if the proposed sector of investment is the 'same' as the existing JV. Earlier, the need for consent also applied to proposed investments in an 'allied' sector as the existing JV. For purposes of Press Note 18, 'same' field means those activities, which are covered under the same four digit National Industrial Classification 1987 (NIC) code, while 'allied' field refers to those actitivities covered under the same three digit NIC code.Alishan Naqvee has substantial experience in areas of transactional law and foreign investment in India and he regularly authors articles on Indian legal issues.
Keyword : Alishan Naqvee, Alishan, Naqvee, LexCounsel, Lex Counsel, Press Note 18
In January 2005, Indian Prime Minister announced scrapping of the contentious Press Note 18 pertaining to foreign financial or technical collaboration under the automatic approval route with effect from January 2005. The scrapping of restrictive Press Note 18 was hailed as, and has proved to be, a positive step towards further liberalising foreign direct investments regulations in India.A. Press Note 18:In terms of Press Note 18, the automatic route (which requires no prior regulatory approval) for foreign investment was not available to foreign investors having an existing or previous venture or technology transfer/trade mark agreement in the same or allied field in India. Investors having a previous or existing venture or technology transfer/trade mark agreement in the same or allied field in India required prior Foreign Investment Promotion Board (FIPB) approval for such investment.To obtain FIPB approval, the foreign investor had to give detailed circumstances in which they found it necessary to setup a new joint venture/enter into new technology transfer (including trade-mark) and the onus was on such investors/technology suppliers to provide the requisite justification as also proof to the satisfaction of the FIPB that the new proposal would not in any way jeopardize the interests of the existing joint venture or technology/trade-mark partner or other stakeholders.In implementing Press Note 18, the Indian Government, in practice, required a letter/certificate from the existing Indian joint venture partner that it had no objection to the foreign partner's new investment proposal in the same or allied field.Press Note 18 was issued In the wake of the liberalization policy of the Government of India which allowed 100% foreign direct investment in almost all sectors of the economy without prior regulatory approval. Prior to the "opening up" of these sectors to 100% foreign direct investment, joint ventures were the popular mode of foreign investment in India in view of ceilings on foreign investment in several sectors. The objective of Press Note 18, it appears, was to protect the Indian joint venture partner against the prospect of the foreign joint venture partner walking out of the existing joint venture and joining hands with another Indian party or establishing its wholly-owned Indian subsidiary.B. Scrapping of Press note 18:In terms of Press Note 1 of 2005, new JVs and technical collaborations will no longer be governed by the provisions of Press Note 18.Pursuant to scrapping of Press note 18, the above restrictive provisions of Press Note 18 have been done away with for all future joint ventures in India between Indian and their foreign partners. In the new dispensation, new joint ventures and collaborations are being based on the free will of partners without any Government interference.An interesting development of Press Note 1 of 2005 is the acknowledgement that Indian companies as well as their foreign partners may contractually safeguard their interests in JVs through provisions in JV/collaboration agreements which tackle 'conflict of interest' situations, for example, where a JV partner decides to invest in another JV or a fully-owned subsidiary in the same field of activity.C. Non-Applicability on Existing JVs:The joint venture existing at the time of scrapping of Press Note 18 however continues to be protected by a few provisions of Press Note 18. Venture capital funds have however been exempted from the requirement of having to obtain a no-objection certificate from local partners for new investments. Similar freedom has been extended to sick companies and joint ventures where either the domestic or foreign venture partner hold less than 3% shareholding. International Finance Institutions and foreign direct investment proposals in the Information Technology sector had been exempted from the applicability of Press Note 18 in the year 2001 and 2000, respectively.The need for consent from both domestic and foreign venture partners will apply in the case of existing JVs only if the proposed sector of investment is the 'same' as the existing JV. Earlier, the need for consent also applied to proposed investments in an 'allied' sector as the existing JV. For purposes of Press Note 18, 'same' field means those activities, which are covered under the same four digit National Industrial Classification 1987 (NIC) code, while 'allied' field refers to those actitivities covered under the same three digit NIC code.Alishan Naqvee has substantial experience in areas of transactional law and foreign investment in India and he regularly authors articles on Indian legal issues.
Keyword : Alishan Naqvee, Alishan, Naqvee, LexCounsel, Lex Counsel, Press Note 18
Closed Head Injury - Car Crash Accident Lawyers & Accident Injury Attorneys
Author : Todd Going
After a car crash, many people don't realize their injuries are serious. Just because a victim's head isn't bleeding, doesn't mean they are perfectly fine. Closed head injuries often occur after car accidents and almost 2 million people suffer from these types of injuries every year. This usually occurs when a car crash victim's head suddenly hits a hard service at a fast speed without penetrating their skull. This type of collision results in internal injuries within the brain. Winshields, steering wheels, car seats and dashboards can all injure the brain. Because the brain is the most critical organ in the human body, it is also the most fragile. In fact, in some cases it doesn't even matter if there is any impact at all. Whiplash alone can even cause a closed head injury.The worst part is, that victims of closed head injuries many times don't even realize they are suffering. Some symptoms are so small that the victims think they are just muscle spasms or headaches. Some other symptoms of closed head injuries include bleeding from the head or face, confusion, lethargy, loss of hearing or fluid drainage from the nose or ear.If you or someone you love has suffered from a closed head injury after a car crash accident, it is very important that you contact a qualified accident lawyer immediately. A qualified attorney can help provide you with compensation for your suffering. Don't hesitate, as time is a critical factor.For more information on closed head injuries or car crash accidents, please visit our website at http://www.resource4accidents.com
After a car crash, many people don't realize their injuries are serious. Just because a victim's head isn't bleeding, doesn't mean they are perfectly fine. Closed head injuries often occur after car accidents and almost 2 million people suffer from these types of injuries every year. This usually occurs when a car crash victim's head suddenly hits a hard service at a fast speed without penetrating their skull. This type of collision results in internal injuries within the brain. Winshields, steering wheels, car seats and dashboards can all injure the brain. Because the brain is the most critical organ in the human body, it is also the most fragile. In fact, in some cases it doesn't even matter if there is any impact at all. Whiplash alone can even cause a closed head injury.The worst part is, that victims of closed head injuries many times don't even realize they are suffering. Some symptoms are so small that the victims think they are just muscle spasms or headaches. Some other symptoms of closed head injuries include bleeding from the head or face, confusion, lethargy, loss of hearing or fluid drainage from the nose or ear.If you or someone you love has suffered from a closed head injury after a car crash accident, it is very important that you contact a qualified accident lawyer immediately. A qualified attorney can help provide you with compensation for your suffering. Don't hesitate, as time is a critical factor.For more information on closed head injuries or car crash accidents, please visit our website at http://www.resource4accidents.com
This article may be freely reprinted as long as this resource box is included and all links stay intact as hyperlinks.
Keyword : Closed Head Injury – Car Crash Accident Lawyers & Accident Injury Attorneys
Bounty Hunters and the Enforcement of Bail: When Justice Deferred is Justice Denied
Author : L Scott Harrell
There seems to be a lot of interest in the bounty hunting business these days… but I find that the public really knows very little about us and that the reality of what we do exactly is more speculative than not. As an industry leader, I think that it is important to the health of this industry that you know a little more about who we are, where we derive our authority and most importantly- that 99% of us don't fit the stereotype of a mullet-headed adrenaline junkie, which is only being reinforced through the oxymoron of "reality TV."The history of Bounty Hunting, which later evolved into what we refer today as Bail Enforcement, is fascinating to say the least. I would be lying to you if I didn't tell you that I find myself daydreaming at times about the days of Pat Garrett, Bat Masterson, and one of the most famous bounty hunters, Texas Ranger Jack Duncan. But I am also practical enough to know that that is a bygone era and very little applies to our profession today. So I intend to spend very little time recounting the days of the Wild Wild West.Of course, most people have seen bounty hunters in the movies and on television too; Steve McQueen starred in a movie entitled "The Hunter," Robert DeNiro was in a picture called "Midnight Run," and Clint Eastwood was in a story called "Pink Cadillac." Old Westerns were notorious for portraying bounty hunters as shrewd crusty characters adrift across the country recovering fugitives. Currently, we have Duane, "Dog" Chapman parading around as a bounty hunter and evangelical spiritualist really making a mockery of what we do. Obviously this is nothing more than fiction created by Hollywood but most of these characters are at least part reality; these embellished fictional ideals depict real men.Historically speaking, it is important to understand where bail law comes from. Contemporary bail law evolved from Old-English common law, when a person posting bail for a defendant meant that he could be eventually hanged or otherwise punished if the accused did not return for trial. Today a bail bondsman is not in any danger of losing his head, just a large sum of money promised to the courts to insure the defendant's appearance. This promised money is called a bail bond.For our purposes, it is critical to understand that the relationship between the bail bondsman and the defendant is contractual in nature, which explains why the enforcement of bail law is primarily a civil, and not criminal, action. It is within this concept of common law that bail enforcement agents derive their ability to work on behalf of a bail bondsman and enforce this contract. Typically, this contract gives the bondsman's agent the power to apprehend and surrender a defendant at any time, in any manner, and at any place of his choosing, though there are a few exceptions and the scope of our authority is always being narrowed by a continuous onslaught of legislation.Modern-day bounty hunters and bail enforcement agents are by and large low-key professionals with a very specific skill-set more akin to private investigators than SWAT officers. We find ourselves all over the country and occasionally somewhere on the other side of the world in defense of our client's assets. Today's bail enforcement agent can make in excess of $60,000 a year, some well over $100,000 if they treat customers well, are successful in locating the fugitive and run a business replete with advertising and marketing strategies.Collectively we account for more than 80% of all fugitive apprehensions made where defendants were bond-secured and failed to appear for court; it is done at ZERO cost to the tax payer. Furthermore, through constructive partnerships between law enforcement and bail enforcement, we have increased the efficiency of the criminal justice system while decreasing its overall cost to the public as well. Despite the negative press we seem to be getting currently, actual incidents involving a bail recovery agent are extremely rare.I'm not sure where the future of bail enforcement lies but one thing is for certain, the men and women who risk their own lives to bring bail-fugitives to justice serve their communities well and without recognition for bringing back into balance the scales of Lady Justice; when a fugitive fails to appear for his or her day in court there is often a victim who has to wait too and "justice deferred is justice denied."L. Scott Harrell is a private investigator and principal of CompassPoint Investigations, an investigative agency with offices in the Southeast United States. He is a noted speaker, writer and educator in the field of fugitive apprehension.Unlike certain "media hounds," he does not wear a mullet hair-do or live on a tropical island where fugitives don't have far to run and he wears his concealable bullet-resistant vest UNDER his shirt where it belongs.More information regarding bounty hunting and bail enforcement can be found on the internet:
There seems to be a lot of interest in the bounty hunting business these days… but I find that the public really knows very little about us and that the reality of what we do exactly is more speculative than not. As an industry leader, I think that it is important to the health of this industry that you know a little more about who we are, where we derive our authority and most importantly- that 99% of us don't fit the stereotype of a mullet-headed adrenaline junkie, which is only being reinforced through the oxymoron of "reality TV."The history of Bounty Hunting, which later evolved into what we refer today as Bail Enforcement, is fascinating to say the least. I would be lying to you if I didn't tell you that I find myself daydreaming at times about the days of Pat Garrett, Bat Masterson, and one of the most famous bounty hunters, Texas Ranger Jack Duncan. But I am also practical enough to know that that is a bygone era and very little applies to our profession today. So I intend to spend very little time recounting the days of the Wild Wild West.Of course, most people have seen bounty hunters in the movies and on television too; Steve McQueen starred in a movie entitled "The Hunter," Robert DeNiro was in a picture called "Midnight Run," and Clint Eastwood was in a story called "Pink Cadillac." Old Westerns were notorious for portraying bounty hunters as shrewd crusty characters adrift across the country recovering fugitives. Currently, we have Duane, "Dog" Chapman parading around as a bounty hunter and evangelical spiritualist really making a mockery of what we do. Obviously this is nothing more than fiction created by Hollywood but most of these characters are at least part reality; these embellished fictional ideals depict real men.Historically speaking, it is important to understand where bail law comes from. Contemporary bail law evolved from Old-English common law, when a person posting bail for a defendant meant that he could be eventually hanged or otherwise punished if the accused did not return for trial. Today a bail bondsman is not in any danger of losing his head, just a large sum of money promised to the courts to insure the defendant's appearance. This promised money is called a bail bond.For our purposes, it is critical to understand that the relationship between the bail bondsman and the defendant is contractual in nature, which explains why the enforcement of bail law is primarily a civil, and not criminal, action. It is within this concept of common law that bail enforcement agents derive their ability to work on behalf of a bail bondsman and enforce this contract. Typically, this contract gives the bondsman's agent the power to apprehend and surrender a defendant at any time, in any manner, and at any place of his choosing, though there are a few exceptions and the scope of our authority is always being narrowed by a continuous onslaught of legislation.Modern-day bounty hunters and bail enforcement agents are by and large low-key professionals with a very specific skill-set more akin to private investigators than SWAT officers. We find ourselves all over the country and occasionally somewhere on the other side of the world in defense of our client's assets. Today's bail enforcement agent can make in excess of $60,000 a year, some well over $100,000 if they treat customers well, are successful in locating the fugitive and run a business replete with advertising and marketing strategies.Collectively we account for more than 80% of all fugitive apprehensions made where defendants were bond-secured and failed to appear for court; it is done at ZERO cost to the tax payer. Furthermore, through constructive partnerships between law enforcement and bail enforcement, we have increased the efficiency of the criminal justice system while decreasing its overall cost to the public as well. Despite the negative press we seem to be getting currently, actual incidents involving a bail recovery agent are extremely rare.I'm not sure where the future of bail enforcement lies but one thing is for certain, the men and women who risk their own lives to bring bail-fugitives to justice serve their communities well and without recognition for bringing back into balance the scales of Lady Justice; when a fugitive fails to appear for his or her day in court there is often a victim who has to wait too and "justice deferred is justice denied."L. Scott Harrell is a private investigator and principal of CompassPoint Investigations, an investigative agency with offices in the Southeast United States. He is a noted speaker, writer and educator in the field of fugitive apprehension.Unlike certain "media hounds," he does not wear a mullet hair-do or live on a tropical island where fugitives don't have far to run and he wears his concealable bullet-resistant vest UNDER his shirt where it belongs.More information regarding bounty hunting and bail enforcement can be found on the internet:
http://www.BondForfeitures.com
Keyword : bounty hunter, bail enfforcement, bounty hunting, bail, bond, fugitive, bondsman
Family Law Involves Legal Services That Has to do With Families
Author : James Hunt
Family law refers to anything involving legal services that has to do with families. When people get divorced, they need to have the services of a family lawyer. This person helps them to divide the property fairly and settle disputes out of court of possible. Each spouse will need to have his/her own lawyer and the lawyers will deal with each other if the separation and divorce is not an amicable one. This eliminates the extra stress of having to argue things out in public.Although some couples do not need to have two different lawyers because they agree to divorce and can solve the separation problems themselves. They only need to have a lawyer to make the divorce legal in court. However, if there are children involved family law looks after the children in deciding custody rights and the amount of payment needed by one of the parents to help pay the children's expenses. Family law is not just for divorces, though. It may be used by grandparents who want access to their grandchildren or if children have been taken illegally by one of the parents.When dealing with family law, you will receive the same professional services as you would receive if you needed a criminal lawyer. Actually, family lawyers have been trained to deal with sensitive issues and are able to give you an unbiased opinion about the solution to the problem. A lawyer experienced in family law can help you in many ways:• Explain how the courts work and help you decide which options are open to you.
• Advise you of your rights and the best way to deal with an issue
• Prepare the paperwork required and represent you in court
• Seek a court order that gives you physical protection, if this is necessary.Family law is sometimes provided to low income families through legal aid services. You don't have to feel that because you don't have the money for a lawyer that you have nowhere to turn. Many of these lawyers also have an online presence and will answer questions for you without charge.James Hunt has spent 15 years as a professional writer and researcher covering stories that cover a whole spectrum of interest.
Read more at
Family law refers to anything involving legal services that has to do with families. When people get divorced, they need to have the services of a family lawyer. This person helps them to divide the property fairly and settle disputes out of court of possible. Each spouse will need to have his/her own lawyer and the lawyers will deal with each other if the separation and divorce is not an amicable one. This eliminates the extra stress of having to argue things out in public.Although some couples do not need to have two different lawyers because they agree to divorce and can solve the separation problems themselves. They only need to have a lawyer to make the divorce legal in court. However, if there are children involved family law looks after the children in deciding custody rights and the amount of payment needed by one of the parents to help pay the children's expenses. Family law is not just for divorces, though. It may be used by grandparents who want access to their grandchildren or if children have been taken illegally by one of the parents.When dealing with family law, you will receive the same professional services as you would receive if you needed a criminal lawyer. Actually, family lawyers have been trained to deal with sensitive issues and are able to give you an unbiased opinion about the solution to the problem. A lawyer experienced in family law can help you in many ways:• Explain how the courts work and help you decide which options are open to you.
• Advise you of your rights and the best way to deal with an issue
• Prepare the paperwork required and represent you in court
• Seek a court order that gives you physical protection, if this is necessary.Family law is sometimes provided to low income families through legal aid services. You don't have to feel that because you don't have the money for a lawyer that you have nowhere to turn. Many of these lawyers also have an online presence and will answer questions for you without charge.James Hunt has spent 15 years as a professional writer and researcher covering stories that cover a whole spectrum of interest.
Read more at
http://www.family-law-central.info
Keyword : family law, couples, divorce, separation, lawyer
Chicago Personal Injury Law Firms
Author : Jason Gluckman
Personal injury law firms focus on cases that deal with personal injury lawsuits. These are lawsuits that arise when people are injured emotionally, physically or financially due to the negligence by another person. Under these circumstances, the first individual usually seeks damages that can be converted and paid out as a monetary sum.At these personal injury law firms, there are legal representative who specialize in only personal injury cases. When a lawyer works exclusively in the field of personal injury, his or her experience is usually vast, giving the lawyer broad knowledge of this subject of the law. It is this level of knowledge that these attorneys provide that would steer you through a legal claim.By obtaining legal representation from such personal injury law firms, you will have the opportunity to learn about everything relevant to your case and your legal rights. In most personal injury cases, time is of the essence, so it is vital act quickly. All good law firms encourage their lawyers to take immediate action and start investigating your claim and gather all evidence that may support your claim.If you are looking to hire legal help in filing a claim, you can research various resources such as the yellow pages and the Internet. You can search for the personal injury law firm you would like to do business with and sometimes you will have the opportunity to select a specific lawyer in that firm.Before you make any commitments to a lawyer, conduct a background check on him or her. Select a lawyer and a firm that can best represent your case and has already had experience in dealing with cases similar to yours.Chicago Personal Injury Lawyers provides detailed information about Chicago personal injury lawyers, Chicago personal injury funding, chicago personal injury law firms, and more. Chicago Personal Injury Lawyers is affiliated with Traumatic Brain Injury Lawyer.
Keyword : chicago personal injury lawyers, chicago personal injury funding, chicago personal injury law firms
Personal injury law firms focus on cases that deal with personal injury lawsuits. These are lawsuits that arise when people are injured emotionally, physically or financially due to the negligence by another person. Under these circumstances, the first individual usually seeks damages that can be converted and paid out as a monetary sum.At these personal injury law firms, there are legal representative who specialize in only personal injury cases. When a lawyer works exclusively in the field of personal injury, his or her experience is usually vast, giving the lawyer broad knowledge of this subject of the law. It is this level of knowledge that these attorneys provide that would steer you through a legal claim.By obtaining legal representation from such personal injury law firms, you will have the opportunity to learn about everything relevant to your case and your legal rights. In most personal injury cases, time is of the essence, so it is vital act quickly. All good law firms encourage their lawyers to take immediate action and start investigating your claim and gather all evidence that may support your claim.If you are looking to hire legal help in filing a claim, you can research various resources such as the yellow pages and the Internet. You can search for the personal injury law firm you would like to do business with and sometimes you will have the opportunity to select a specific lawyer in that firm.Before you make any commitments to a lawyer, conduct a background check on him or her. Select a lawyer and a firm that can best represent your case and has already had experience in dealing with cases similar to yours.Chicago Personal Injury Lawyers provides detailed information about Chicago personal injury lawyers, Chicago personal injury funding, chicago personal injury law firms, and more. Chicago Personal Injury Lawyers is affiliated with Traumatic Brain Injury Lawyer.
Keyword : chicago personal injury lawyers, chicago personal injury funding, chicago personal injury law firms
Bail Bonds
Author : Damian Sofsian
The process of posting a bail bond involves a contractual undertaking guaranteed by a bail agent and the individual posting bail. In such case, the bail agent provides a guarantee to the court that the defendant will appear in court each and every time the judge requires it. Hence a bail bond is an obligation signed by those who have been accused of a crime to secure their presence at the court when summoned.The bail agent charges a percentage of the bail amount from the defendant for this service. So, one advantage of the bail bond is that this obligation ensures that the accused will lose money if he or she does not appear for the trial. The defendant or someone related to the defendant contacts the bail agent to arrange to post bail, resulting in the release of the defendant. Usually, a relative or a close friend of the defendant will post bail and co-sign. However, the co-signer or the person contacting the agent for the bail bond must guarantee to pay the full amount of bail if the defendant does not appear in court, before the bail bond can be posted.Sometimes the bail agent does not require collateral to post the bail. A person can be bailed out from jail with a signature of a friend or a relative. However, co-signers typically must be employed and must either own or rent a home in the same area for some time. After the agreement is signed, the bail agent posts a bond for the amount of the bail, to guarantee the defendant's return to court.The co-signer holds a lot of responsibility when entering an agreement with the bail agent, in that if the defendant fails to appear, the cosigner is immediately responsible for the full amount of the bail. Also, if the bail agent searches for and then finds the defendant, the cosigner is again responsible for all expenses the bail agent has incurred in the process.In some states, the court allows the release of defendants after they pay ten percent of the bail bond amount directly to the local jail or court. But this is only in certain cases wherein the defendant cannot raise the entire bail amount at one time. However, in other states, defendants can arrange for the whole bail amount through a bail bondsman.But in this case the defendant or the co-signer needs to sign over a collateral. The process is then similar to that of the other bail agents. The collateral is returned to the defendant after the court summons are finished and the case is closed. This indicates that the bail bond is discharged.Bail Bonds provides detailed information about bail bonds, bail bond companies, bail bond license, and more. Bail Bonds is affiliated with Free Criminal Records.
Keyword : bail bonds, bail bond companies, bail bond license
The process of posting a bail bond involves a contractual undertaking guaranteed by a bail agent and the individual posting bail. In such case, the bail agent provides a guarantee to the court that the defendant will appear in court each and every time the judge requires it. Hence a bail bond is an obligation signed by those who have been accused of a crime to secure their presence at the court when summoned.The bail agent charges a percentage of the bail amount from the defendant for this service. So, one advantage of the bail bond is that this obligation ensures that the accused will lose money if he or she does not appear for the trial. The defendant or someone related to the defendant contacts the bail agent to arrange to post bail, resulting in the release of the defendant. Usually, a relative or a close friend of the defendant will post bail and co-sign. However, the co-signer or the person contacting the agent for the bail bond must guarantee to pay the full amount of bail if the defendant does not appear in court, before the bail bond can be posted.Sometimes the bail agent does not require collateral to post the bail. A person can be bailed out from jail with a signature of a friend or a relative. However, co-signers typically must be employed and must either own or rent a home in the same area for some time. After the agreement is signed, the bail agent posts a bond for the amount of the bail, to guarantee the defendant's return to court.The co-signer holds a lot of responsibility when entering an agreement with the bail agent, in that if the defendant fails to appear, the cosigner is immediately responsible for the full amount of the bail. Also, if the bail agent searches for and then finds the defendant, the cosigner is again responsible for all expenses the bail agent has incurred in the process.In some states, the court allows the release of defendants after they pay ten percent of the bail bond amount directly to the local jail or court. But this is only in certain cases wherein the defendant cannot raise the entire bail amount at one time. However, in other states, defendants can arrange for the whole bail amount through a bail bondsman.But in this case the defendant or the co-signer needs to sign over a collateral. The process is then similar to that of the other bail agents. The collateral is returned to the defendant after the court summons are finished and the case is closed. This indicates that the bail bond is discharged.Bail Bonds provides detailed information about bail bonds, bail bond companies, bail bond license, and more. Bail Bonds is affiliated with Free Criminal Records.
Keyword : bail bonds, bail bond companies, bail bond license
Civil Partnerships
Author : Janine Byrne
Civil Partnership Act 2004 The Civil Partnership Act 2004 came into force on the 5 December 2005 providing a long overdue legal recognition of same sex couples' rights. Same sex couples now finally have largely the same legal rights as that of heterosexual married couples. However, there does appear to be 2 areas where the legal rights of civil partners and married couples differ.Dissolution
The grounds for dissolving a civil partnership are the same as those for dissolving a marriage with one exception - adultery is not a ground for dissolution in a civil partnership unlike in marriage cases.Pre-Partnership Agreements
Pre-nuptial agreements have been available for many years but it would seem that only the most wealthily couples who intend to marry avail themselves of this agreement, and it there appears to be little encouragement from legal forums to use them.Conversely, with the introduction of Civil Partnerships, much emphasis has been placed on entering into a Pre-Partnership Agreement.
The Pre-Partnership agreement has been extant for many years now. Previously referred to as 'Cohabitation agreements' it was considered a useful document to have where couples - both same sex and heterosexual - decided to live together. More often than not however, people never knew of the existence of such a document, as is probably the case today.
With the introduction of civil partnership rights, much emphasis has been placed on having such an agreement. The document should be entered into prior to registering the partnership, and is designed to deal with how the couple wish to deal with financial issues in the event that the partnership is dissolved.The Law Society of England and Wales has argued in its literature that whilst Pre-Partnership Agreements - like pre-nuptial agreements - are not legally binding, with the courts usually deciding to split assets 50/50 on divorce pre-partnership agreements ought to be considered as the law will treat civil partnerships in the same manner as divorce.
(Pre-Partnership/Cohabitation Contract and Pre-marital agreements are available to download from the Legal Documents section of the DYW site).Tax & Wills ImplicationsCivil partners will be treated the same as married couples for tax purposes. Thus, all the same inheritance tax exemptions available to married couples will also be available to civil partners. Such exemptions will include the Nil Rate Band allowance (currently £275,000) and the 'spouse' exemption whereby all transfers between spouses are exempt from inheritance tax and will also be the case with civil partners. (For more detailed advice on inheritance tax exemptions see Inheritance Tax).The other implication of entering into a Civil Partnership from a Wills perspective, is that any existing will shall be invalidated upon registering the partnership. The extant Will shall automatically be revoked, and a new Will should be drafted.
If you wish to make a Will in expectation or contemplation of entering into a civil partnership - or marriage for that matter - specific clauses will need to be drafted into the Will to ensure that it remains valid after entering the partnership/marriage.Thankfully the law relating to Civil Partnerships is on a very similar footing to that of marriage, thus matters are not too complicated. As with advice given to married couples, making a Will is important as you should not assume that your spouse/partner will inherit your share, and it may well be that specific clauses will need to be drafted into Wills for civil partners.JsByrne
LLB (Hons) LPc.
www.Draft-Your-Will.comMiss Janine Byrne holds a Bachelor of Law degree with Honours & a post-graduate diploma in Legal Practice. Also gained qualification in Wills Writing & is the owner/author of http://www.Draft-Your-Will.com
Keyword : civil partnerships, taxation, married couples, pre-partnership agreements
Civil Partnership Act 2004 The Civil Partnership Act 2004 came into force on the 5 December 2005 providing a long overdue legal recognition of same sex couples' rights. Same sex couples now finally have largely the same legal rights as that of heterosexual married couples. However, there does appear to be 2 areas where the legal rights of civil partners and married couples differ.Dissolution
The grounds for dissolving a civil partnership are the same as those for dissolving a marriage with one exception - adultery is not a ground for dissolution in a civil partnership unlike in marriage cases.Pre-Partnership Agreements
Pre-nuptial agreements have been available for many years but it would seem that only the most wealthily couples who intend to marry avail themselves of this agreement, and it there appears to be little encouragement from legal forums to use them.Conversely, with the introduction of Civil Partnerships, much emphasis has been placed on entering into a Pre-Partnership Agreement.
The Pre-Partnership agreement has been extant for many years now. Previously referred to as 'Cohabitation agreements' it was considered a useful document to have where couples - both same sex and heterosexual - decided to live together. More often than not however, people never knew of the existence of such a document, as is probably the case today.
With the introduction of civil partnership rights, much emphasis has been placed on having such an agreement. The document should be entered into prior to registering the partnership, and is designed to deal with how the couple wish to deal with financial issues in the event that the partnership is dissolved.The Law Society of England and Wales has argued in its literature that whilst Pre-Partnership Agreements - like pre-nuptial agreements - are not legally binding, with the courts usually deciding to split assets 50/50 on divorce pre-partnership agreements ought to be considered as the law will treat civil partnerships in the same manner as divorce.
(Pre-Partnership/Cohabitation Contract and Pre-marital agreements are available to download from the Legal Documents section of the DYW site).Tax & Wills ImplicationsCivil partners will be treated the same as married couples for tax purposes. Thus, all the same inheritance tax exemptions available to married couples will also be available to civil partners. Such exemptions will include the Nil Rate Band allowance (currently £275,000) and the 'spouse' exemption whereby all transfers between spouses are exempt from inheritance tax and will also be the case with civil partners. (For more detailed advice on inheritance tax exemptions see Inheritance Tax).The other implication of entering into a Civil Partnership from a Wills perspective, is that any existing will shall be invalidated upon registering the partnership. The extant Will shall automatically be revoked, and a new Will should be drafted.
If you wish to make a Will in expectation or contemplation of entering into a civil partnership - or marriage for that matter - specific clauses will need to be drafted into the Will to ensure that it remains valid after entering the partnership/marriage.Thankfully the law relating to Civil Partnerships is on a very similar footing to that of marriage, thus matters are not too complicated. As with advice given to married couples, making a Will is important as you should not assume that your spouse/partner will inherit your share, and it may well be that specific clauses will need to be drafted into Wills for civil partners.JsByrne
LLB (Hons) LPc.
www.Draft-Your-Will.comMiss Janine Byrne holds a Bachelor of Law degree with Honours & a post-graduate diploma in Legal Practice. Also gained qualification in Wills Writing & is the owner/author of http://www.Draft-Your-Will.com
Keyword : civil partnerships, taxation, married couples, pre-partnership agreements
Punitive Damages
Author : Warren Duff
When someone injures another person, the injured person can choose to file a civil lawsuit, damages rewarded in civil lawsuits are usually compensatory. Compensatory damages are meant to compensate for actual losses endured by the victim.Losses endured by the victim can include:Economic LossesLoss of EarningsMedical ExpensesFuneral ExpensesLoss of Anticipated EarningsNon-Economic LossesPainSufferingLoss of Enjoyment of LifeLoss of CompanionshipHowever, if the defendant intentionally injured the victim or if the defendant was particularly reckless, punitive damages can be awarded to the plaintiff. Punitive damages can be rewarded on top of compensatory damages as a way to punish the defendant.Often times, a defendant may be acquitted of criminal charges, but is found guilty in a civil lawsuit. This was the case with O.J. Simpson. Although he was acquitted of his criminal charges, the families of Goldman and Brown sued him in a civil lawsuit for punitive damages and won.Punitive damages can usually be found in cases involving: Assault
Fraud
Deceit
RecklessnessWhen a court awards punitive damages to the plaintiff, it is meant to discourage the behavior of the defendant and of any other people in the future.In 2003, A Utah jury awarded Curtis Campbell with $1 million in compensatory damages and $145 million in punitive damages in a case against State Farm Mutual Automobile Insurance Co. However, the amount of the punitive damages was lessened after State Farm brought forth an appeal, citing $145 million was an unreasonable amount.Since then, the Supreme Court stated that in general, punitive damages that are awarded should be a reasonable ratio to the compensatory damages.The amount of punitive damage awards are now usually a single digit multiple of the compensatory damages, and courts will generally not stand for punitive damages that are more than nine times the amount of the compensatory damages.However, since the State Farm v. Campbell case, many courts have recognized that there are instances where a defendant's conduct is so reprehensible, malicious, or egregious that a higher multiple may be acceptable.At the moment, punitive damages in the State of New York are awarded following the guidelines of the Supreme Court.Please click here for more information on personal injury lawsuits in New York.
Keyword : accident attorneys Bronx,accident attorneys Brooklyn,accident attorneys Manhattan,accident attorneys
When someone injures another person, the injured person can choose to file a civil lawsuit, damages rewarded in civil lawsuits are usually compensatory. Compensatory damages are meant to compensate for actual losses endured by the victim.Losses endured by the victim can include:Economic LossesLoss of EarningsMedical ExpensesFuneral ExpensesLoss of Anticipated EarningsNon-Economic LossesPainSufferingLoss of Enjoyment of LifeLoss of CompanionshipHowever, if the defendant intentionally injured the victim or if the defendant was particularly reckless, punitive damages can be awarded to the plaintiff. Punitive damages can be rewarded on top of compensatory damages as a way to punish the defendant.Often times, a defendant may be acquitted of criminal charges, but is found guilty in a civil lawsuit. This was the case with O.J. Simpson. Although he was acquitted of his criminal charges, the families of Goldman and Brown sued him in a civil lawsuit for punitive damages and won.Punitive damages can usually be found in cases involving: Assault
Fraud
Deceit
RecklessnessWhen a court awards punitive damages to the plaintiff, it is meant to discourage the behavior of the defendant and of any other people in the future.In 2003, A Utah jury awarded Curtis Campbell with $1 million in compensatory damages and $145 million in punitive damages in a case against State Farm Mutual Automobile Insurance Co. However, the amount of the punitive damages was lessened after State Farm brought forth an appeal, citing $145 million was an unreasonable amount.Since then, the Supreme Court stated that in general, punitive damages that are awarded should be a reasonable ratio to the compensatory damages.The amount of punitive damage awards are now usually a single digit multiple of the compensatory damages, and courts will generally not stand for punitive damages that are more than nine times the amount of the compensatory damages.However, since the State Farm v. Campbell case, many courts have recognized that there are instances where a defendant's conduct is so reprehensible, malicious, or egregious that a higher multiple may be acceptable.At the moment, punitive damages in the State of New York are awarded following the guidelines of the Supreme Court.Please click here for more information on personal injury lawsuits in New York.
Keyword : accident attorneys Bronx,accident attorneys Brooklyn,accident attorneys Manhattan,accident attorneys
Litigation Financing Companies
Author : Jennifer Bailey
A person involved in litigation of any kind, say a malpractice or an accident, is rarely a lawyer. He or she does not have the least idea as to 'how to go about the situation and recover the losses'. To top it all, often, their savings will not suffice in any way to fight the case.Hence, they seek the help of an expert attorney. The hired attorney is one who is an experienced expert in the kind of case the person is involved in. For instance, if it is a case of dental malpractice, the client approaches an attorney specializing in the same field. Once the attorney prepares the case and files, he or she negotiates with a suitable Litigation Financing Company.Litigation Financing Companies are known to offer litigation loans or take care of the expenses of needy clients to fight the case. Though called litigation loans, they are in fact an advance or an investment that is free from monthly payments. The companies do not give loans or pre-settlement advances to just any individual. When the attorney or the individual approaches the company, it first evaluates the case for its case worthiness. Based on its analysis, it fixes up an amount as loan. In return, the company buys a portion of possible settlement charges due to the individual. The company recovers its share from the settlement charges entitled to the individual only after the case is won.Similarly, the company stands to lose if the individual or plaintiff loses the case. The situation is the same, even if the individual gets a very small amount as settlement charges. In short, the company cannot recover its funds if the individual does not get a good recovery or loses the case. As such, the company runs the risk when transferring funds for every litigation case. But the client has to make an initial payment to the company he or she is availing to for Litigation Financing. Since the fee charges are on the higher side, one has to take the guidance from the attorney. Litigation Financing Companies handle a range of cases. While some Litigation Financing Companies give advances for personal injury, auto accidents, ceiling collapse cases, there are others specializing in commercial and patent Litigation Financing.Litigation Financing provides detailed information about litigation financing, commercial litigation financing, litigation cash advances, litigation financing companies and more. Litigation Financing is the sister site of Lawsuit Funding Companies.
Keyword : litigation financing,commercial litigation financing,litigation cash advances,litigation financing c
A person involved in litigation of any kind, say a malpractice or an accident, is rarely a lawyer. He or she does not have the least idea as to 'how to go about the situation and recover the losses'. To top it all, often, their savings will not suffice in any way to fight the case.Hence, they seek the help of an expert attorney. The hired attorney is one who is an experienced expert in the kind of case the person is involved in. For instance, if it is a case of dental malpractice, the client approaches an attorney specializing in the same field. Once the attorney prepares the case and files, he or she negotiates with a suitable Litigation Financing Company.Litigation Financing Companies are known to offer litigation loans or take care of the expenses of needy clients to fight the case. Though called litigation loans, they are in fact an advance or an investment that is free from monthly payments. The companies do not give loans or pre-settlement advances to just any individual. When the attorney or the individual approaches the company, it first evaluates the case for its case worthiness. Based on its analysis, it fixes up an amount as loan. In return, the company buys a portion of possible settlement charges due to the individual. The company recovers its share from the settlement charges entitled to the individual only after the case is won.Similarly, the company stands to lose if the individual or plaintiff loses the case. The situation is the same, even if the individual gets a very small amount as settlement charges. In short, the company cannot recover its funds if the individual does not get a good recovery or loses the case. As such, the company runs the risk when transferring funds for every litigation case. But the client has to make an initial payment to the company he or she is availing to for Litigation Financing. Since the fee charges are on the higher side, one has to take the guidance from the attorney. Litigation Financing Companies handle a range of cases. While some Litigation Financing Companies give advances for personal injury, auto accidents, ceiling collapse cases, there are others specializing in commercial and patent Litigation Financing.Litigation Financing provides detailed information about litigation financing, commercial litigation financing, litigation cash advances, litigation financing companies and more. Litigation Financing is the sister site of Lawsuit Funding Companies.
Keyword : litigation financing,commercial litigation financing,litigation cash advances,litigation financing c
New Jersey Bankruptcy Lawyers
Author : Jason Gluckman
Under the U.S law, bankruptcy is a legal proceeding that allows a debtor to temporarily or permanently avoid paying his debts. U.S bankruptcy code is meant to provide protection to people trapped in financial jeopardy who are suffering under mountains of huge debt. The bankruptcy laws were basically created to provide relief to people victimized by divorce, job loss, identity theft, staggering medical bills, or disability. Filing for bankruptcy instantly stops your creditors from harassing you for the payment of debts. Filing a bankruptcy claim, however, involves several legalities, which are difficult for an individual to handle on her own. A bankruptcy lawyer's job is to help you and to help relieve you from a crisis situation.A bankruptcy lawyer is a class of lawyers who are experienced and specialize in handling consumer debts and bankruptcy cases. They can assess and monitor your financial situation better than you are able and can fight the aggressive and annoying creditors accordingly.A bankruptcy lawyer helps you get debt relief while providing you valuable information, services, and guidance that will help you achieve a financially secured future. In order to get maximum benefit from a bankruptcy lawyer, it's important that you provide the lawyer with a very honest picture of your financial situation. Additionally, hiring only a well-experienced bankruptcy lawyer with proven track record is of great significance to successfully rectifying your financial plight.And, you'll need a lawyer who is qualified to practice and experienced with the law in your state of residence and business. To file a bankruptcy in New Jersey, you'll need to find a local New Jersey bankruptcy lawyer; he or she will be well versed with the state laws and can help you receive maximum legal aid. To find and contact a bankruptcy lawyer in New Jersey, you can seek a reference from the state bar association or find one through a legal directory on the Internet or in yellow Pages. You can always also seek references from a friend or relative.New Jersey Lawyers provides detailed information about New Jersey lawyers, New Jersey bankruptcy lawyers, New Jersey business lawyers, New Jersey criminal lawyers and more. New Jersey Lawyers is the sister site of Louisiana Real Estate Lawyers.
Keyword : New Jersey lawyers,New Jersey bankruptcy lawyers,New Jersey business lawyers,criminal lawyers
Under the U.S law, bankruptcy is a legal proceeding that allows a debtor to temporarily or permanently avoid paying his debts. U.S bankruptcy code is meant to provide protection to people trapped in financial jeopardy who are suffering under mountains of huge debt. The bankruptcy laws were basically created to provide relief to people victimized by divorce, job loss, identity theft, staggering medical bills, or disability. Filing for bankruptcy instantly stops your creditors from harassing you for the payment of debts. Filing a bankruptcy claim, however, involves several legalities, which are difficult for an individual to handle on her own. A bankruptcy lawyer's job is to help you and to help relieve you from a crisis situation.A bankruptcy lawyer is a class of lawyers who are experienced and specialize in handling consumer debts and bankruptcy cases. They can assess and monitor your financial situation better than you are able and can fight the aggressive and annoying creditors accordingly.A bankruptcy lawyer helps you get debt relief while providing you valuable information, services, and guidance that will help you achieve a financially secured future. In order to get maximum benefit from a bankruptcy lawyer, it's important that you provide the lawyer with a very honest picture of your financial situation. Additionally, hiring only a well-experienced bankruptcy lawyer with proven track record is of great significance to successfully rectifying your financial plight.And, you'll need a lawyer who is qualified to practice and experienced with the law in your state of residence and business. To file a bankruptcy in New Jersey, you'll need to find a local New Jersey bankruptcy lawyer; he or she will be well versed with the state laws and can help you receive maximum legal aid. To find and contact a bankruptcy lawyer in New Jersey, you can seek a reference from the state bar association or find one through a legal directory on the Internet or in yellow Pages. You can always also seek references from a friend or relative.New Jersey Lawyers provides detailed information about New Jersey lawyers, New Jersey bankruptcy lawyers, New Jersey business lawyers, New Jersey criminal lawyers and more. New Jersey Lawyers is the sister site of Louisiana Real Estate Lawyers.
Keyword : New Jersey lawyers,New Jersey bankruptcy lawyers,New Jersey business lawyers,criminal lawyers
Collecting The Levy
Author : Henry Byers
IRS garnishment refers to the notice issued by the IRS department to withhold all or some part of the money to the court or to the person who has won the lawsuit to claim the money. The IRS garnishment is limited by law according to which only up to 25% of the disposable earning of a particular period can be garnished. Also, the amount by which the disposable earnings exceed thirty times the Federal minimum hourly wage in effect at the time earnings are payable.If someone has a problem regarding the payment of the taxes he can approach the IRS department and seek relaxation in payments of the dues. Mostly IRS garnishment is levied as the last resort. In most of the cases IRS accepts some sort of payment plan if some basic information is provided. This information includes the returns filed till date. This is required to state that although there are dues pending but the exact financial status has been stated to the government.All assets need to be disclosed including all cash, bank accounts, investments, etc. This is to certify that there is not enough cash available to pay to the IRS department as tax. Therefore details of all checking accounts, savings account, money market or brokerage account should be clearly stated. The person should also be not in a position to borrow the amount owed to the IRS department. There should not be enough liquidity in the retirement account as well from which money can be borrowed or liquidated.In case of IRS garnishment the IRS officers do not handle the cases, which are less than $25,000. According the to the IRS garnishment law the person requires to pay the amount which is the difference between the monthly income and expenses required for the month. This amount needs to be submitted to the IRS department for the clearance of tax dues. The IRS has already determined the monthly expenses for any individual. They need to be matched with the person's monthly expense. This is done on the basis of form completed by any individual as stipulated by the IRS department. If the person is a businessman then a financial statement of the business also needs to be attached with the completed form stating the personal financial assessment.Thus after the filing the returns and completing the form, IRS determines the monthly amount payable towards IRS garnishment. But it is to be noted that all along the payment period IRS shall continue to add penalties and interest on the amount outstanding. This eventually leads to larger payout than the actual sum due towards taxes. This is due to the reason that along with the principal amount due the person also keeps on paying the charges levied as interest or penalty.Thus it is better to avoid IRS garnishment so as to keep the government at bay. This is payment conditions are usually not explained by the IRS department. Further, IRS also warns the tax payers to look in to the promoter's claim which states that tax debts can be settled for less through Offer in Compromise program. This program is only beneficial when the tax payer is eligible as per the rules stated in the program.Henry Byers, Retired IRS Manager and IRS Garnishment expert - focusing on Wage Garnishment Law and Garnishment
Keyword : Wage Garnishment Law,IRS Wage Garnishment,IRS Levy,IRS Garnishment,Wage Garnishment,Garnishment
IRS garnishment refers to the notice issued by the IRS department to withhold all or some part of the money to the court or to the person who has won the lawsuit to claim the money. The IRS garnishment is limited by law according to which only up to 25% of the disposable earning of a particular period can be garnished. Also, the amount by which the disposable earnings exceed thirty times the Federal minimum hourly wage in effect at the time earnings are payable.If someone has a problem regarding the payment of the taxes he can approach the IRS department and seek relaxation in payments of the dues. Mostly IRS garnishment is levied as the last resort. In most of the cases IRS accepts some sort of payment plan if some basic information is provided. This information includes the returns filed till date. This is required to state that although there are dues pending but the exact financial status has been stated to the government.All assets need to be disclosed including all cash, bank accounts, investments, etc. This is to certify that there is not enough cash available to pay to the IRS department as tax. Therefore details of all checking accounts, savings account, money market or brokerage account should be clearly stated. The person should also be not in a position to borrow the amount owed to the IRS department. There should not be enough liquidity in the retirement account as well from which money can be borrowed or liquidated.In case of IRS garnishment the IRS officers do not handle the cases, which are less than $25,000. According the to the IRS garnishment law the person requires to pay the amount which is the difference between the monthly income and expenses required for the month. This amount needs to be submitted to the IRS department for the clearance of tax dues. The IRS has already determined the monthly expenses for any individual. They need to be matched with the person's monthly expense. This is done on the basis of form completed by any individual as stipulated by the IRS department. If the person is a businessman then a financial statement of the business also needs to be attached with the completed form stating the personal financial assessment.Thus after the filing the returns and completing the form, IRS determines the monthly amount payable towards IRS garnishment. But it is to be noted that all along the payment period IRS shall continue to add penalties and interest on the amount outstanding. This eventually leads to larger payout than the actual sum due towards taxes. This is due to the reason that along with the principal amount due the person also keeps on paying the charges levied as interest or penalty.Thus it is better to avoid IRS garnishment so as to keep the government at bay. This is payment conditions are usually not explained by the IRS department. Further, IRS also warns the tax payers to look in to the promoter's claim which states that tax debts can be settled for less through Offer in Compromise program. This program is only beneficial when the tax payer is eligible as per the rules stated in the program.Henry Byers, Retired IRS Manager and IRS Garnishment expert - focusing on Wage Garnishment Law and Garnishment
Keyword : Wage Garnishment Law,IRS Wage Garnishment,IRS Levy,IRS Garnishment,Wage Garnishment,Garnishment
สมัครสมาชิก:
บทความ (Atom)