Author : Jeffrey Broobin
What about little white lies? What about when your partner asks you if this dress makes her look fat. What do you think? Is it OK to lie to a person we care about for a kind reason, like to make him feel better and more secure, or to avoid a fight. As long as our heart is in the right place, even experts say that honesty isn't always required. You don't have to tell the whole truth if it will hurt your partner or if it's something he can't change. "At the same time, not all lies are harmless -- even little white ones -- and some untruths can tear apart a relationship by damaging intimacy and trust. The worst kinds of lies result from trying to change who we really are or to minimize a serious problem in a relationship.Following are some lies that can hurt your relationship."You deserved that promotion."Your significant other is upset because he has just been passed over for a raise -- again. You're trying to cheer him up. This is not a good lie because chances are that your partner wants your emotional support rather than your opinion of his job skills and performance. When you focus on his not getting the promotion instead of his feelings, you are saying that can't stand to see him down or deal with him being depressed. The better answer would be something like "I'm sorry. I know how bad you must feel.""You think I was flirting with Stan! Don't be silly!"Stan a good-looking colleague with whom you regularly do flirt. Your partner happened to catch one of these interactions -- and didn't like what he saw. You actually do flirt with Bob, but you know your exchanges don't mean anything, so they're not worth discussing. Still, if your partner brought this up, he must be feeling jealous or insecure. By minimizing feelings, you are distancing yourself and damaging the relationship. It's better to say that you sometimes do flirt with Stan but it doesn't mean anything because you have no intention of getting involved with him.Lying about sexual satisfaction is not a good idea because your love life will never improve if your partner doesn't know he or she isn't satisfying you. It's better to say something like "Honey, can we try this another way?""I love spending Christmas with your family."You were hoping that the two of you could have an intimate holiday together, for once, but your partner just told you that he already committed to having the two of you spend it with his family. Your thinking is that you will hate this but it's done now so why fight about it? The problem is that holidays will come up every year, and if you don't say something about it you'll be annoyed every year. It's better to say something like "I'll try to have a good time, but next year, let's talk about our holiday plans together before committing.""Nothing's wrong."You're in a rotten mood, but it's not about your partner and don't feel like going into it until you have sorted out the details.This kind of lie can turn something small into a great big deal because your mate will wonder what is so wrong that you can't share it with him. It's better to say "I'm upset, but it has nothing to do with you -- and I don't feel like talking about it right now.""Thanks for the surprise! I love these earrings!"He was in a store, they caught his eye, and he had them wrapped up to go. The earrings aren't really your style, but you appreciate his thoughtfulness, and being critical about those earrings may stop him from trying to do spontaneous things to please you. It's probably better to tell the truth about your taste if you suspect that he spent a lot of money for them."You're the best lover I've ever had."You're next to him, sweaty, panting and post-orgasmic.Sure, you're exaggerating a bit, but you're feeling euphoric.This lie won't hurt because it's a compliment that will make him feel good."Susan says hello."Your friend hates your mate, who wants to know who you've been speaking with on the phone. You don't want to hurt his feelings, and so this is a good lie because it's kinder than the truth.Note that Legal Helper Corp. - http://www.legalhelpmate.com/prenuptial-agreement.aspx - provides an easy-to-use, quick, and economical online method for creating Prenuptial Agreement (Premarital).About The AuthorJeffrey Broobin is a free-lance writer on family and finance issues; his main goal is to help people during their complicated period of life.Website: http://www.legalhelpmate.comEmail: jeffreyb@legalhelpmate.com
Keyword : lies,lying,polygraph,relationships,legal,ethics,morals,truth,lawyers,attorneys,court
วันเสาร์ที่ 8 มีนาคม พ.ศ. 2551
California - What Happens When You Get A DUI?
Author : Todd Going
This is one of the most common questions asked to DUI lawyers. When you ask lawyers this question, you do not always get straight answers because every circumstance is different. According to DUI.com the most common penalties are as followed.$1200 fine3 years probation3-5 days sheriff work alternative program4 months suspended licenseFirst offender schoolWhen a driver in the state of California is arrested for driving under the influence of alcohol their driver's license is immediately confiscated by the police and then served with the DMV's 'Notice of Suspension'. This will formally suspend their license, provide temporary driving privileges for 30 days and will also explain some aspects of the applicable law. In addition, it states that there is a right to contest the suspension and force the DMV to return the license as long as the DMV's Local Driver Safety is contacted by the attorney within 10 calendar days of the arrest.A driver's license is immediately suspended if their blood alcohol level is above .08% (or above .01% for drivers under 21 years of age) or if they refuse to take a chemical test. If the driver is from another state other than California, then the officer has no right to seize their license. However, the officer will issue a 'Notice of Suspension' which suspends the driver's license in the state of California (after 30 days) from driving. If there is a conviction in court, the state of California will contact the home state of the convicted party, and that state will usually suspend their license the same way they do it there.Ramification of Getting a California DUIFirst off – getting a DUI will cost you money.First offence: $390 - $1000 plus local fees, penalties and assessments for total of $1300 - $3500. This doesn't include any lawyers fees –which can be from $500.00 to $15,000 depending on if you're in a small town or large metro area. Generally speaking the more experienced the lawyer (and you want an experienced lawyer) the more it will cost.There are social ramifications of getting a DUI as well. A charge of DUI/DWI can have serious ramifications on a defendant's driver's license, criminal record and ability to work and function in society. Some employers may decline in hiring someone because of a felony level DUI.Ask yourself before getting behind the wheel after drinking if it's really worth it. Based on the above –a cab ride home is downright cheap. Be safe –not sorry.This article can be freely reprinted as long as this resource box and all links stay intact.Kerry L. Steigerwalt is one of the most successful and prestigious criminal defense lawyers in San Diego. If you have been convicted of a DUI please visit us at http://www.sddefenselawyers.com
Keyword : dui california criminal defense lawyers
This is one of the most common questions asked to DUI lawyers. When you ask lawyers this question, you do not always get straight answers because every circumstance is different. According to DUI.com the most common penalties are as followed.$1200 fine3 years probation3-5 days sheriff work alternative program4 months suspended licenseFirst offender schoolWhen a driver in the state of California is arrested for driving under the influence of alcohol their driver's license is immediately confiscated by the police and then served with the DMV's 'Notice of Suspension'. This will formally suspend their license, provide temporary driving privileges for 30 days and will also explain some aspects of the applicable law. In addition, it states that there is a right to contest the suspension and force the DMV to return the license as long as the DMV's Local Driver Safety is contacted by the attorney within 10 calendar days of the arrest.A driver's license is immediately suspended if their blood alcohol level is above .08% (or above .01% for drivers under 21 years of age) or if they refuse to take a chemical test. If the driver is from another state other than California, then the officer has no right to seize their license. However, the officer will issue a 'Notice of Suspension' which suspends the driver's license in the state of California (after 30 days) from driving. If there is a conviction in court, the state of California will contact the home state of the convicted party, and that state will usually suspend their license the same way they do it there.Ramification of Getting a California DUIFirst off – getting a DUI will cost you money.First offence: $390 - $1000 plus local fees, penalties and assessments for total of $1300 - $3500. This doesn't include any lawyers fees –which can be from $500.00 to $15,000 depending on if you're in a small town or large metro area. Generally speaking the more experienced the lawyer (and you want an experienced lawyer) the more it will cost.There are social ramifications of getting a DUI as well. A charge of DUI/DWI can have serious ramifications on a defendant's driver's license, criminal record and ability to work and function in society. Some employers may decline in hiring someone because of a felony level DUI.Ask yourself before getting behind the wheel after drinking if it's really worth it. Based on the above –a cab ride home is downright cheap. Be safe –not sorry.This article can be freely reprinted as long as this resource box and all links stay intact.Kerry L. Steigerwalt is one of the most successful and prestigious criminal defense lawyers in San Diego. If you have been convicted of a DUI please visit us at http://www.sddefenselawyers.com
Keyword : dui california criminal defense lawyers
Know Your Rights and Limitations When You Photograph Property
Author : Carolyn Wright
In general, if property is visible and can be photographed from a public place, you don't need a property release to use the image in any manner. This exclusion to copyright law includes buildings located on the property, but not statues or other items that may have separate copyrights. There also are restrictions on some governmental property for security purposes, such as federal seals and insignia, and military or nuclear installations. But if the statue or copyrighted item has minimal presence in your image, your photo still may fall under the exclusion. Otherwise, you must get permission to use the image for commercial purposes.Nevertheless, some companies have tried to prevent the use – both commercially and editorially – of photographs of their buildings or objects via trademark protection or contract law. Examples include the Rock and Roll Hall of Fame, the lone Cypress tree at Pebble Beach, CA, and the "Hollywood" sign. While these attempts have been unsuccessful, they can be expensive to litigate. Is it worth it to you to spend thousands of dollars to test this issue? That's a choice you'll have to make.If you want to avoid this battle, though, check the list of properties and objects collected by the Picture Archive Council of America that have been reported by its members to be allegedly protected. http://www.stockindustry.org/resources/specialreleases.htmlOn the other hand, photographers should protect their rights, too. Don't be intimidated from photographing what is within your legal rights. Check with an attorney to fully understand and exercise your privileges.Take my advice; get professional help.PhotoAttorneyCopyright 2005 Carolyn E. Wright All Rights Reserved--- ABOUT THE AUTHOR ---Carolyn E. Wright, Esq., has a unique legal practice aimed squarely at the needs of photographers. A pro photographer herself, Carolyn has the credentials and the experience to protect photographers. She's represented clients in multimillion dollar litigations, but also has the desire to help new photographers just starting their careers. Carolyn graduated from Emory University School of Law with a Juris Doctor, and from Tennessee Tech Univ. with a Masters of Business Administration degree and a Bachelor of Science degree in music.She wrote the book on photography law. "88 Secrets to the Law for Photographers," by Carolyn and well-known professional photographer, Scott Bourne, is scheduled for fall 2005 release by Olympic Mountain School Press. Carolyn also is a columnist for PhotoFocus Magazine.Carolyn specializes in wildlife photography and her legal website is http://www.photoattorney.com
Keyword : photograph,property,copyright,release, permission, contract, lawsuit, trademark, permit, suit, sue
In general, if property is visible and can be photographed from a public place, you don't need a property release to use the image in any manner. This exclusion to copyright law includes buildings located on the property, but not statues or other items that may have separate copyrights. There also are restrictions on some governmental property for security purposes, such as federal seals and insignia, and military or nuclear installations. But if the statue or copyrighted item has minimal presence in your image, your photo still may fall under the exclusion. Otherwise, you must get permission to use the image for commercial purposes.Nevertheless, some companies have tried to prevent the use – both commercially and editorially – of photographs of their buildings or objects via trademark protection or contract law. Examples include the Rock and Roll Hall of Fame, the lone Cypress tree at Pebble Beach, CA, and the "Hollywood" sign. While these attempts have been unsuccessful, they can be expensive to litigate. Is it worth it to you to spend thousands of dollars to test this issue? That's a choice you'll have to make.If you want to avoid this battle, though, check the list of properties and objects collected by the Picture Archive Council of America that have been reported by its members to be allegedly protected. http://www.stockindustry.org/resources/specialreleases.htmlOn the other hand, photographers should protect their rights, too. Don't be intimidated from photographing what is within your legal rights. Check with an attorney to fully understand and exercise your privileges.Take my advice; get professional help.PhotoAttorneyCopyright 2005 Carolyn E. Wright All Rights Reserved--- ABOUT THE AUTHOR ---Carolyn E. Wright, Esq., has a unique legal practice aimed squarely at the needs of photographers. A pro photographer herself, Carolyn has the credentials and the experience to protect photographers. She's represented clients in multimillion dollar litigations, but also has the desire to help new photographers just starting their careers. Carolyn graduated from Emory University School of Law with a Juris Doctor, and from Tennessee Tech Univ. with a Masters of Business Administration degree and a Bachelor of Science degree in music.She wrote the book on photography law. "88 Secrets to the Law for Photographers," by Carolyn and well-known professional photographer, Scott Bourne, is scheduled for fall 2005 release by Olympic Mountain School Press. Carolyn also is a columnist for PhotoFocus Magazine.Carolyn specializes in wildlife photography and her legal website is http://www.photoattorney.com
Keyword : photograph,property,copyright,release, permission, contract, lawsuit, trademark, permit, suit, sue
Arbitration And The Lemon Law
Author : Donald Ladew
If the neighbor's Pekinese decides to scare off bad guys at 2:00AM in the morning, and does this every night, and you can't persuade your neighbor to correct the situation, perhaps mediation or arbitration is the answer. After all, going to court seems a bit much, and committing crimes against the little $%%$# is probably counter productive.I say this by way of introducing the fact that your long battle against the Fords or Mercedes' of the world isn't at all like getting the neighbor's lap dog to be quiet. There are situations where arbitration or a dispute resolution process is entirely appropriate. However we want to say it right up front, after over four thousand five hundred lemon law cases we have almost never seen a case where the vehicle owner benefited from arbitration with a manufacturer.It is an unequal battle that is but one step in a long war. The outcome is inevitable. To engage in this war is equivalent to a middle-aged, non-athletic accountant, dedicated to ribs and beer stepping into the ring with the young Muhammad Ali. You won't even see that sweet left hook coming. Everything is on the side of the manufacturer.Sun-tzu in the "The Art of War" wrote, "Generally in warfare: if ten times the enemies strength, surround them; if five times, attack them; if double, divide them; if equal, be able to fight them; if fewer, be able to evade them; if weaker, be able to avoid them." I hate to be the one to break the news but consumers very definitely fall in the latter two categories. Consumers going into arbitration have fewer soldiers and are certainly weaker.In California two things level the playing field. A strong lemon law - the Song Beverly Act - and very experienced lemon law attorneys. We should have these things, after all California has more cars on the road than any other state.Lets look at a definition of Arbitration: "The process by which the parties to a dispute submit their differences to the judgment of an impartial person or group appointed by mutual consent or statutory provision." With very few exceptions you can forget impartial and mutual consent.If Saddam Hussein offered to arbitrate detente between Islam and Israel, I for one would have problems with the impartiality of his decision. Mr. Hussein will never be found on the moral high ground. Arbitration can be similarly unequal. Fairness, equity and the proper application of the law are what should occur in arbitration. If you want the consumer to accept arbitration that is sponsored by an automobile manufacturer, or where the arbitration organization receives most of its business from automobile manufacturers, then I give you the same answer Israel would give Saddam. "Forget it! Not on your best day, sport!"There are other factors that unfortunately work against arbitration being an equitable solution for consumers with lemon vehicles.TrainingProfessional arbitrators are not necessarily trained in the lemon law, in fact it is far more likely that they have no training in the subject at all. Arbitrators are rarely judges or lawyers. Generally the arbitrator is trained in so-called people skills, how to negotiate and perhaps a smattering of legal knowledge. This is a subject area where a little knowledge is very definitely dangerous. Perhaps the arbitrator imagines he or she can get by on common sense and honesty. If it were true the consumer would seldom lose a case.Are consumers properly prepared for arbitration?How could they be, even if they read the Song Beverly Act, or anything else? Even with all the facts, consumers don't know what to expect. Consumers aren't all lawyers. The manufacturer will send a lawyer trained to handle this sort of thing. The manufacturer's lawyer may lie; that's correct, lie. There's not much consumers can do about that except feel miserable. Whether the manufacturer s representatives lie or not, they will present a blizzard of bizarre possibilities, all designed to confuse and dilute the consumer's case.Is arbitration binding?There is light at the end of this particular tunnel, however. In California, arbitration is not binding; it's just another waste of time. When the ruling is handed down, and the manufacturer is permitted another repair attempt, consumers need not comply, consumers can get a lemon law attorney and put an end to the endless games manufacturers play.CostEven if the arbitration is paid by the state, what is often ignored is the lost time from work, expenses for experts where expenses are required, copying, and running around to get copies of missing paperwork. Then there is the time spent preparing an oral argument, trying to figure out how to answer the manufacturer's defenses. Of course, if the manufacturer runs the arbitration, this is no arbitration at all.How long does it take?If consumers get this far they have often been trying to get the dealer/manufacturer to do something about their car for many months, even years. Arbitration adds another 30-90 days onto to the process. If the car is dangerous to drive what do consumers do? Are they supposed to endanger themselves and their families in an attempt to finally get the problem resolved? Should they do this, especially when there is a better than even chance that more delay will be added into the process by awards of additional repair attempts? This is hardly a fair and equitable solution to the problem.A little known factAll major vehicle manufacturers have networks of dealerships all across the country and even the world. Manufacturers enter into contracts with dealerships. These contracts affect every aspect of sales, maintenance and repair of their vehicles. More frequently than the public ever discovers, there are disputes between dealerships and manufacturers. Dealerships want uniform arbitration procedures and laws to help them deal with these disagreements. Guess who fights any sort of arbitration with dealerships? Exactly! The manufacturers. And yet, the manufacturer touts the benefits of the arbitration/dispute resolution process when it comes to consumers. What's wrong with this picture?Remember, if the manufacturer wants arbitration, it's not good for the consumer:Arbitration does not take place on a level playing field. At Norman Taylor & Associates we have seen enough cases to know this. The two sides have very different goals. Consumers simply want vehicles that work as advertised. The manufacturer does not want to give consumers a refund or replacement for their defective car and then be stuck with a vehicle that is worth half its current value, and may be impossible to fix or to sell.From the manufacturer's point of view they have every incentive to make the entire process so difficult that consumers will give up and go away. Don't do it, Mr. and Mrs. Consumer. With professional help you can prevail. Absolutely nothing beats winning a hard fought battle when you are right.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, by Norman F. Taylor Esq. ISBN 0-9760058-0-8
If the neighbor's Pekinese decides to scare off bad guys at 2:00AM in the morning, and does this every night, and you can't persuade your neighbor to correct the situation, perhaps mediation or arbitration is the answer. After all, going to court seems a bit much, and committing crimes against the little $%%$# is probably counter productive.I say this by way of introducing the fact that your long battle against the Fords or Mercedes' of the world isn't at all like getting the neighbor's lap dog to be quiet. There are situations where arbitration or a dispute resolution process is entirely appropriate. However we want to say it right up front, after over four thousand five hundred lemon law cases we have almost never seen a case where the vehicle owner benefited from arbitration with a manufacturer.It is an unequal battle that is but one step in a long war. The outcome is inevitable. To engage in this war is equivalent to a middle-aged, non-athletic accountant, dedicated to ribs and beer stepping into the ring with the young Muhammad Ali. You won't even see that sweet left hook coming. Everything is on the side of the manufacturer.Sun-tzu in the "The Art of War" wrote, "Generally in warfare: if ten times the enemies strength, surround them; if five times, attack them; if double, divide them; if equal, be able to fight them; if fewer, be able to evade them; if weaker, be able to avoid them." I hate to be the one to break the news but consumers very definitely fall in the latter two categories. Consumers going into arbitration have fewer soldiers and are certainly weaker.In California two things level the playing field. A strong lemon law - the Song Beverly Act - and very experienced lemon law attorneys. We should have these things, after all California has more cars on the road than any other state.Lets look at a definition of Arbitration: "The process by which the parties to a dispute submit their differences to the judgment of an impartial person or group appointed by mutual consent or statutory provision." With very few exceptions you can forget impartial and mutual consent.If Saddam Hussein offered to arbitrate detente between Islam and Israel, I for one would have problems with the impartiality of his decision. Mr. Hussein will never be found on the moral high ground. Arbitration can be similarly unequal. Fairness, equity and the proper application of the law are what should occur in arbitration. If you want the consumer to accept arbitration that is sponsored by an automobile manufacturer, or where the arbitration organization receives most of its business from automobile manufacturers, then I give you the same answer Israel would give Saddam. "Forget it! Not on your best day, sport!"There are other factors that unfortunately work against arbitration being an equitable solution for consumers with lemon vehicles.TrainingProfessional arbitrators are not necessarily trained in the lemon law, in fact it is far more likely that they have no training in the subject at all. Arbitrators are rarely judges or lawyers. Generally the arbitrator is trained in so-called people skills, how to negotiate and perhaps a smattering of legal knowledge. This is a subject area where a little knowledge is very definitely dangerous. Perhaps the arbitrator imagines he or she can get by on common sense and honesty. If it were true the consumer would seldom lose a case.Are consumers properly prepared for arbitration?How could they be, even if they read the Song Beverly Act, or anything else? Even with all the facts, consumers don't know what to expect. Consumers aren't all lawyers. The manufacturer will send a lawyer trained to handle this sort of thing. The manufacturer's lawyer may lie; that's correct, lie. There's not much consumers can do about that except feel miserable. Whether the manufacturer s representatives lie or not, they will present a blizzard of bizarre possibilities, all designed to confuse and dilute the consumer's case.Is arbitration binding?There is light at the end of this particular tunnel, however. In California, arbitration is not binding; it's just another waste of time. When the ruling is handed down, and the manufacturer is permitted another repair attempt, consumers need not comply, consumers can get a lemon law attorney and put an end to the endless games manufacturers play.CostEven if the arbitration is paid by the state, what is often ignored is the lost time from work, expenses for experts where expenses are required, copying, and running around to get copies of missing paperwork. Then there is the time spent preparing an oral argument, trying to figure out how to answer the manufacturer's defenses. Of course, if the manufacturer runs the arbitration, this is no arbitration at all.How long does it take?If consumers get this far they have often been trying to get the dealer/manufacturer to do something about their car for many months, even years. Arbitration adds another 30-90 days onto to the process. If the car is dangerous to drive what do consumers do? Are they supposed to endanger themselves and their families in an attempt to finally get the problem resolved? Should they do this, especially when there is a better than even chance that more delay will be added into the process by awards of additional repair attempts? This is hardly a fair and equitable solution to the problem.A little known factAll major vehicle manufacturers have networks of dealerships all across the country and even the world. Manufacturers enter into contracts with dealerships. These contracts affect every aspect of sales, maintenance and repair of their vehicles. More frequently than the public ever discovers, there are disputes between dealerships and manufacturers. Dealerships want uniform arbitration procedures and laws to help them deal with these disagreements. Guess who fights any sort of arbitration with dealerships? Exactly! The manufacturers. And yet, the manufacturer touts the benefits of the arbitration/dispute resolution process when it comes to consumers. What's wrong with this picture?Remember, if the manufacturer wants arbitration, it's not good for the consumer:Arbitration does not take place on a level playing field. At Norman Taylor & Associates we have seen enough cases to know this. The two sides have very different goals. Consumers simply want vehicles that work as advertised. The manufacturer does not want to give consumers a refund or replacement for their defective car and then be stuck with a vehicle that is worth half its current value, and may be impossible to fix or to sell.From the manufacturer's point of view they have every incentive to make the entire process so difficult that consumers will give up and go away. Don't do it, Mr. and Mrs. Consumer. With professional help you can prevail. Absolutely nothing beats winning a hard fought battle when you are right.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, by 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, arbitration, dispute resolution
Negligence - What is It and How Do You Prove It?
Author : Sophie Evans
Accidents happen every day to people from all walks of life. Many people think that accidents only happen to other people and take it for granted that others will look out for them. Unfortunately people can behave negligently without even realising it. This can cause accidents that injure other people. This is clear from the frequency of road traffic accidents and cases of workplace injury. The majority of accidents are somebody's fault; around two thirds can be attributed to negligence, whether it is a car crash or a slip or trip in a public place.So what is negligence?Negligence is defined in law as: 'The failure to exercise the care that an ordinary prudent person would exercise: either doing that which a prudent person would not do, or failing to do that which a prudent person would do.'An example of negligence is when an employee is subjected to hazardous working conditions such as tripping over a box that has been left in a walkway or slips over a mess than hasn't been cleared up. In these cases the employer would be negligent if it can be proven that they did not adhere to their duty of care. Duty of care can be defined as 'a duty to do everything reasonably practicable to protect others from harm'. If an employer has failed in this duty then they are liable to compensate the injured person.Types of personal injury litigationThere are three main types of personal injury claims that can be made:• Road traffic accident claims are usually straightforward and include damage to property as well as personal injury.• Employers liability claims describe cases where a claimant was injured during the course of their employment. This can include repetitive strain injury or asbestos related illness.• Public liability claims are claims which arise out of public use of products or premises, for example when a person trips over a loose paving slab.How do you prove negligence?Every case has at least two sides however, it is the responsibility of the person making the claim (the claimant) to prove his case and persuade the Court that the person who they feel is to blame for the accident (the defendant) was in breach of statutory or common law duty owed to him or her. There are several types of evidence that would support a claimant's case and help to prove negligence. They are as follows:• Witness statements• Medical records• Expert evidence• Employment records and occupational health file• Photographic and video evidence• Invoices, estimates and receipts• Reports from public servants such as police officersThese pieces of evidence can apply to any of the personal injury types outlined above.It also needs to be proven that the defendant owes him a duty of care, that the defendant is in breach of that duty and that the breach has caused losses (i.e. damage to property, or a personal injury) which were reasonably foreseeable. It is important to remember however that an employer's duty of care is not conclusive. A duty of reasonable care is expected from employers. Individuals should take a certain amount of care towards their own personal wellbeing and safety and realise that accidents can happen.For free legal advice regarding making a personal injury claim visit www.the-claim-solicitors.co.uk or to learn more about negligence and to make a claim, or alternatively you can call us on 0800 197 32 32.www.the-claim-solicitors.co.uk have many years experience of handling personal injury claims. They help people to claim compensation after non fault accidents.-END-Editorial notes: The Claim Solicitors provides full accident litigation compensation services. Helps people to claim compensation for all types of injury from whiplash to head injuries.By Sophie Evans
http://www.the-claim-solicitors.co.uk
Accidents happen every day to people from all walks of life. Many people think that accidents only happen to other people and take it for granted that others will look out for them. Unfortunately people can behave negligently without even realising it. This can cause accidents that injure other people. This is clear from the frequency of road traffic accidents and cases of workplace injury. The majority of accidents are somebody's fault; around two thirds can be attributed to negligence, whether it is a car crash or a slip or trip in a public place.So what is negligence?Negligence is defined in law as: 'The failure to exercise the care that an ordinary prudent person would exercise: either doing that which a prudent person would not do, or failing to do that which a prudent person would do.'An example of negligence is when an employee is subjected to hazardous working conditions such as tripping over a box that has been left in a walkway or slips over a mess than hasn't been cleared up. In these cases the employer would be negligent if it can be proven that they did not adhere to their duty of care. Duty of care can be defined as 'a duty to do everything reasonably practicable to protect others from harm'. If an employer has failed in this duty then they are liable to compensate the injured person.Types of personal injury litigationThere are three main types of personal injury claims that can be made:• Road traffic accident claims are usually straightforward and include damage to property as well as personal injury.• Employers liability claims describe cases where a claimant was injured during the course of their employment. This can include repetitive strain injury or asbestos related illness.• Public liability claims are claims which arise out of public use of products or premises, for example when a person trips over a loose paving slab.How do you prove negligence?Every case has at least two sides however, it is the responsibility of the person making the claim (the claimant) to prove his case and persuade the Court that the person who they feel is to blame for the accident (the defendant) was in breach of statutory or common law duty owed to him or her. There are several types of evidence that would support a claimant's case and help to prove negligence. They are as follows:• Witness statements• Medical records• Expert evidence• Employment records and occupational health file• Photographic and video evidence• Invoices, estimates and receipts• Reports from public servants such as police officersThese pieces of evidence can apply to any of the personal injury types outlined above.It also needs to be proven that the defendant owes him a duty of care, that the defendant is in breach of that duty and that the breach has caused losses (i.e. damage to property, or a personal injury) which were reasonably foreseeable. It is important to remember however that an employer's duty of care is not conclusive. A duty of reasonable care is expected from employers. Individuals should take a certain amount of care towards their own personal wellbeing and safety and realise that accidents can happen.For free legal advice regarding making a personal injury claim visit www.the-claim-solicitors.co.uk or to learn more about negligence and to make a claim, or alternatively you can call us on 0800 197 32 32.www.the-claim-solicitors.co.uk have many years experience of handling personal injury claims. They help people to claim compensation after non fault accidents.-END-Editorial notes: The Claim Solicitors provides full accident litigation compensation services. Helps people to claim compensation for all types of injury from whiplash to head injuries.By Sophie Evans
http://www.the-claim-solicitors.co.uk
Compensation following a non fault accident.
Keyword : Negligence, compensation, personal injury
Is Personal Injury A Need Or A Joke!
Author : Mohammad Latif
Has this ever happened to you... You're at home enjoying your meal and you get a knock at your door. "My name is Jack and I'm calling from (company name), have you or your family had an accident in the last 3 years? If so you could be entitled to personal injury compensation?"Now for that moment what are you thinking? Are you looking back over the last 3 years to see if you or your family have incurred any personal injury? Or are you thinking of slamming the door in their face or setting the dog on them?The fact is each one and much more has happened to salespeople who go knocking on peoples' door.Firstly it's not polite as they're reminding you of your accident which could have been traumatic and secondly another personal injury company has said the same thing they are saying 2 days ago.So in effect it gets frustrating and over time causes anger and you'll probably take it out on a new recruit who is on their first day at work and you happen to be the first door.So what is it? A Joke or a Need?Personal injury has become a joke! Why? There are so many sales people knocking on doors for personal injury claims. In the beginning everyone was like 'really, can you claim for this' or 'you should go and see this company for your injury'. Nobody was aware what was going on but millions of people were claiming for god knows what! Now over the pass few years it upset a few people.Injured people weren't getting their compensation. They were getting either a small proportion of the compensation or were paying out of their own pockets. In those days as claims were new, you had to believe everything. It was like, 9 month road to riches. But it never really was riches in your pocket however it was for them as they knew the game. They made it seem like they were helping you but in fact were helping themselves with your money.Some people even today, who are injured, resist to claim compensation as previous traumatic experience left them in the dark and now confused. 'I don't wanna be conned again!' Well I don't blame them.In reality, it's definitely a NEED. Being compensated for something which wasn't your fault. It could be a road traffic accident, trip, slip or fall even being assaulted on the streets on your way home. These are the people that don't find it a joke. Their life has been disrupted by people who they never knew and now don't want to know.It takes a lot of energy, especially if there are psychological injuries involved in order to get back on track to a normal life. They either miss out on exams, work, events, holidays and in general 'their' own personal lifestyle. Everything happens in an instant... You're enjoying your life and all of a sudden 'bang' your life changes.You end up paying for medicine, specialists, travel expenses and other bills. So these people don't think personal injury is a joke as they can reclaim their expenses and be compensated for their loss of enjoyment and injuries.Stop these canvassers from spoiling the need of personal injury and giving it a 'bad' name. Proceed with the right specialists for personal injury can only make your life a hell of lot better.Make no mistake this time and claim what you are entitled to, by law!M. Latif makes it easy to claim compensation and gain maximum results without the fear, costs, confusion & risks. Learn the 12 revolutions of the new 100% Compensation personal injury culture.
Keyword : personal injury, personal injury claim, personal injury, compensation claim, injury, claim, compensa
Has this ever happened to you... You're at home enjoying your meal and you get a knock at your door. "My name is Jack and I'm calling from (company name), have you or your family had an accident in the last 3 years? If so you could be entitled to personal injury compensation?"Now for that moment what are you thinking? Are you looking back over the last 3 years to see if you or your family have incurred any personal injury? Or are you thinking of slamming the door in their face or setting the dog on them?The fact is each one and much more has happened to salespeople who go knocking on peoples' door.Firstly it's not polite as they're reminding you of your accident which could have been traumatic and secondly another personal injury company has said the same thing they are saying 2 days ago.So in effect it gets frustrating and over time causes anger and you'll probably take it out on a new recruit who is on their first day at work and you happen to be the first door.So what is it? A Joke or a Need?Personal injury has become a joke! Why? There are so many sales people knocking on doors for personal injury claims. In the beginning everyone was like 'really, can you claim for this' or 'you should go and see this company for your injury'. Nobody was aware what was going on but millions of people were claiming for god knows what! Now over the pass few years it upset a few people.Injured people weren't getting their compensation. They were getting either a small proportion of the compensation or were paying out of their own pockets. In those days as claims were new, you had to believe everything. It was like, 9 month road to riches. But it never really was riches in your pocket however it was for them as they knew the game. They made it seem like they were helping you but in fact were helping themselves with your money.Some people even today, who are injured, resist to claim compensation as previous traumatic experience left them in the dark and now confused. 'I don't wanna be conned again!' Well I don't blame them.In reality, it's definitely a NEED. Being compensated for something which wasn't your fault. It could be a road traffic accident, trip, slip or fall even being assaulted on the streets on your way home. These are the people that don't find it a joke. Their life has been disrupted by people who they never knew and now don't want to know.It takes a lot of energy, especially if there are psychological injuries involved in order to get back on track to a normal life. They either miss out on exams, work, events, holidays and in general 'their' own personal lifestyle. Everything happens in an instant... You're enjoying your life and all of a sudden 'bang' your life changes.You end up paying for medicine, specialists, travel expenses and other bills. So these people don't think personal injury is a joke as they can reclaim their expenses and be compensated for their loss of enjoyment and injuries.Stop these canvassers from spoiling the need of personal injury and giving it a 'bad' name. Proceed with the right specialists for personal injury can only make your life a hell of lot better.Make no mistake this time and claim what you are entitled to, by law!M. Latif makes it easy to claim compensation and gain maximum results without the fear, costs, confusion & risks. Learn the 12 revolutions of the new 100% Compensation personal injury culture.
Keyword : personal injury, personal injury claim, personal injury, compensation claim, injury, claim, compensa
When is a Settlement Not a Settlement?
Author : Gerry Oginski
When it's not recorded in 'open court', or when the injured victim dies before he receives the settlement check, and the terms of the settlement were never clearly laid out by either side.Usually a settlement is reached among the attorneys or in Court with the assistance of the Judge. Where there is a verbal agreement between the attorneys as to the terms of the settlement, the victim's lawyer will usually confirm those details in a written letter to the defense attorney. If a settlement is reached during trial, or at a pre-trial conference, the preferred method of settling the case is to 'put the settlement on the record'. This means that a court reporter is called to the courtroom or Judge's chambers, and the terms of the settlement are recorded and agreed to by all parties and later transcribed by the court reporter.Why is this important you ask?Because a settlement is not a settlement until and unless these rules are followed. Many attorneys are guided by principles of fairness and doing what's right for their clients. However, let's look at the following case where all sense of fairness was discarded.A lawsuit was brought for a child who was injured at birth. At some point during the lawsuit an offer was made by the defense, and the offer was accepted by the child's parents. In a child's case, a Judge must always approve any settlement involving a child. Let's also assume that the attorneys confirmed their intention to settle in writing subject to the approval of the Court.This would be just fine if the Court had processed the paperwork quickly and a settlement check had been forwarded without delay. Unfortunately in this case, the Court delayed (unintentionally) processing the paperwork. Also, because the child was so severely injured his life expectancy was very limited. Between the time that the attorneys reached an agreement to settle the case and the time that the Court actually approved the settlement, the child died.You would think that this story has a happy ending, but it doesn't. The child's lawyer notified the defense that the child died, and also sent the Courts' approval of the settlement. Now here's the worst part: the insurance company recognized a way out of having to pay this large settlement by claiming that there was never any proper settlement in the first place!The insurance company refused to pay, claiming that since the child had died, the agreement that was reached at the time was no longer valid, and absent a Court order, they were not paying a dime!If that type of tactic doesn't outrage you, it should. Remember, an insurance company isn't in business to pay claims. Rather, they're in business to make profit. Here's a case where the insurance company had an agreement to settle a case and pay the child and his family money to compensate him for his injuries; the attorneys acknowledged in writing to each other the offer and acceptance; and the Court was in the process of approving the settlement. Isn't that enough to confirm there was a settlement?Not according to the Court. The decision made it clear that although there was an intent to settle the case, the fact that the parties did not follow the 'rules' to settle a case and make the settlement legally binding meant that the insurance company was now totally off the hook.This is an unbelievable and unjust result for an injured victim and his helpless family. This decision means that the family must now pursue a legal malpractice claim against their own attorney for not settling their case in open court, or setting out the specific details and terms of the agreement in proper form signed by all parties.What's the moral of the story? If you settle a case make sure your attorney does it in Court, and makes a record of it. If it's not done in Court, make sure all the specific terms of the settlement are clearly spelled out in a written document signed by all the lawyers. Finally, make sure there is a clause in this agreement that says that the terms of the settlement are binding regardless of whether the injured victim is alive, or has died in the interim. If the plaintiff's lawyer had confirmed all the settlement details in his letter, and included this clause, he likely wouldn't have had a problem.I'll bet the insurance company lawyer got a bonus for finding that loophole and outsmarting everyone on that case. How's that for a sense of fairness?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. He can be reached at http://www.oginski-law.com, or 516-487-8207.
Keyword : Medical malpractice, victim, compensation, money, doctor error, medical mistake, diagnosis, doctor
When it's not recorded in 'open court', or when the injured victim dies before he receives the settlement check, and the terms of the settlement were never clearly laid out by either side.Usually a settlement is reached among the attorneys or in Court with the assistance of the Judge. Where there is a verbal agreement between the attorneys as to the terms of the settlement, the victim's lawyer will usually confirm those details in a written letter to the defense attorney. If a settlement is reached during trial, or at a pre-trial conference, the preferred method of settling the case is to 'put the settlement on the record'. This means that a court reporter is called to the courtroom or Judge's chambers, and the terms of the settlement are recorded and agreed to by all parties and later transcribed by the court reporter.Why is this important you ask?Because a settlement is not a settlement until and unless these rules are followed. Many attorneys are guided by principles of fairness and doing what's right for their clients. However, let's look at the following case where all sense of fairness was discarded.A lawsuit was brought for a child who was injured at birth. At some point during the lawsuit an offer was made by the defense, and the offer was accepted by the child's parents. In a child's case, a Judge must always approve any settlement involving a child. Let's also assume that the attorneys confirmed their intention to settle in writing subject to the approval of the Court.This would be just fine if the Court had processed the paperwork quickly and a settlement check had been forwarded without delay. Unfortunately in this case, the Court delayed (unintentionally) processing the paperwork. Also, because the child was so severely injured his life expectancy was very limited. Between the time that the attorneys reached an agreement to settle the case and the time that the Court actually approved the settlement, the child died.You would think that this story has a happy ending, but it doesn't. The child's lawyer notified the defense that the child died, and also sent the Courts' approval of the settlement. Now here's the worst part: the insurance company recognized a way out of having to pay this large settlement by claiming that there was never any proper settlement in the first place!The insurance company refused to pay, claiming that since the child had died, the agreement that was reached at the time was no longer valid, and absent a Court order, they were not paying a dime!If that type of tactic doesn't outrage you, it should. Remember, an insurance company isn't in business to pay claims. Rather, they're in business to make profit. Here's a case where the insurance company had an agreement to settle a case and pay the child and his family money to compensate him for his injuries; the attorneys acknowledged in writing to each other the offer and acceptance; and the Court was in the process of approving the settlement. Isn't that enough to confirm there was a settlement?Not according to the Court. The decision made it clear that although there was an intent to settle the case, the fact that the parties did not follow the 'rules' to settle a case and make the settlement legally binding meant that the insurance company was now totally off the hook.This is an unbelievable and unjust result for an injured victim and his helpless family. This decision means that the family must now pursue a legal malpractice claim against their own attorney for not settling their case in open court, or setting out the specific details and terms of the agreement in proper form signed by all parties.What's the moral of the story? If you settle a case make sure your attorney does it in Court, and makes a record of it. If it's not done in Court, make sure all the specific terms of the settlement are clearly spelled out in a written document signed by all the lawyers. Finally, make sure there is a clause in this agreement that says that the terms of the settlement are binding regardless of whether the injured victim is alive, or has died in the interim. If the plaintiff's lawyer had confirmed all the settlement details in his letter, and included this clause, he likely wouldn't have had a problem.I'll bet the insurance company lawyer got a bonus for finding that loophole and outsmarting everyone on that case. How's that for a sense of fairness?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. He can be reached at http://www.oginski-law.com, or 516-487-8207.
Keyword : Medical malpractice, victim, compensation, money, doctor error, medical mistake, diagnosis, doctor
Electronic Commerce Taxation: Emerging Legal Issues - Part III
Author : Adil Waseem
ADMISSION AND VERIFICATION OF IDENTITY IN ELECTRONIC RECORDSVerification of identity is also a problem for consumers, who want to be assured that the persons with whom they do business are who they claim to be . As a result, companies engaged in electronic commerce are developing "digital certificates" or "digital IDs" that can be used to verify a person's identity over the Internet. "Digital certificates" are issued by a trusted intermediary who verifies the identity of a person and performs appropriate background checks, depending on the level of assurance to be granted. The simplest level verifies that an e-mail message was sent from an indicated address. The next level verifies the digital ID holder through online identity verification against a consumer database. The highest level requires that the holder personally appear before a notary public to have a digital ID application notarized. Once a person's identity has been verified, the certificate is created using public key encryption techniques, which makes it independently verifiable by the recipient and Immune from tampering it.Under clause (a), (b) (c) (d) subsection 2 of section 114 of Income tax Ordinance 2001 has make it obligatory on every person and company regarding providing evidence of the records, "…A return of income (a) shall be in the prescribed form; (b) shall state the information required by the form, including a declaration of the records kept by the taxpayer; (c) in the case of a person carrying on a business, shall include an income statement, balance sheet, and any other document as may be prescribed for the tax year; and (d) shall be signed by the person or the person's representative."The validation of the details of any business transaction requires an ability to follow a similar audit trail as that which exists for conventional commerce. The following elements must therefore be present- access to the basic records related to a transaction must be available; and the integrity of those records must be authenticated. Taxpayers are required to keep accurate books and records, which are subject to examination by the income tax authorities in order to verify the income and expenses reported on the taxpayer's return. "…Although many taxpayers rely on computerized record keeping systems to a large extent, many transactions still originate as paper records which can be used to verify the accuracy of the electronic records. However, for taxpayers engaged in the sale of electronic goods or services, no paper records are likely to be created because customer orders are placed and fulfilled electronically and therefore the only record that exists of these transactions could be an electronic one. As all users of computers know, this creates the possibility for tax evasion and fraud because computerized records can be altered without a trace."The "digital notarization" systems have been developed which are intended to make it possible to verify that electronic documents and records have not been altered. Public key encryption also permits a taxpayer to encrypt his financial records to prevent their examination on audit. It would seem that this should be treated no differently from failing to keep or destroying paper records. Even taxpayers engaged in the sale of physical, as opposed to electronic, goods may soon receive orders and issue invoices electronically. Electronic "documents" must be verifiable in order to minimize the potential for tax evasion.THE CONCEALMENT OF THE ELECTRONC TRANSACTION LEGAL ISSUES FOR TAXATING AUTHORITIESThese are many factors which can lead to evasion the collection of the e-commerce taxation. The section starting from 108 to 112 has enunciated in income tax ordinance of 2001 are related with the anti avoidance measure that could be adopted by the commissioner for the purposes avoidance of the taxes. In spite of fact that the anti avoidance provisions are available for curbing the avoidance of the taxes but the legislate provision are not sufficient to meet the complexities of e-commerce transaction owning to following factors.Thus far we have examined the Internet's impact on existing taxation frameworks on the assumption that any transactions conducted over the Internet would be to some degree either self-reported or within the investigative and enforcement powers of revenue authorities. This however is not always the case. In fact, the special characteristics of the Internet, i.e. its lack of central control, combined with its international reach make it very difficult, if not impossible, to regulate the vast amounts of money that are expected to travel through it. The Internet is used for tax avoidance and other criminal shifting of income.The web server could be located any where, irrespective of fact that transaction has been taken place, the remote web server location provide easy room for the concealment of the identity of the transaction.There is very ineffective construction of section 108 of income tax ordinance regarding the question of transaction which has realised in an arm's length transaction."…The Commissioner may, in respect of any transaction between persons who are associates, distribute, apportion or allocate income, deductions or tax credits between the persons as is necessary to reflect the income that the persons would have realised in an arm's length transaction."The strict construction statute with intrinsic aid of appropriate phrases conveys exact meanings that can lead to exact interpretation of statute according to intention of legislatures. The transaction has been conducted by e-commerce means requires substitution of texts which could embody the scientific mechanism into statutory provisions.The Sub-section 3 of section 111 of the income tax Ordinance related with the anti avoidance policy, the authority has been vested on the commissioner to question the satisfactory account of the expenditure of the account of other resources. "…and the person offers no explanation about the nature and source of the amount credited or the investment, money, valuable article, or funds from which the expenditure was made or the explanation offered by the person is not, in the Commissioner's opinion, satisfactory, the amount credited, value of the investment, money, value of the article, or amount of expenditure shall be included in the person's income chargeable to tax under head "Income from [Other Sources"] to the extent it is not adequately explained."Hiding Identification of the parties to a transaction, in particular the taxpayer The taxpayer can hide the identity of parties by tampering the database the website, where it has been uploaded.Where the declared value of any investment, valuable article or expenditure of a person is less than the cost of the investment or valuable article, or the amount of the expenditure, the Commissioner may, having regard to all the circumstances, include the difference in the person's income chargeable to tax under the head "Income from [Other Sources"] in the tax year in which the difference is discoveredThe deletion of the database is possible within fraction of the moment, which could provide enough opportunity for the tax payer to tamper with the record of the transaction in remote server and evade imposition of taxation.CYBER BANKINGLook here the power has been restricted under the section 94 of C of Cr.P.C. (Act V of 1898) for getting access to banking records, "…Provided that no such officer shall issue any order requiring the production of any document or other thing which is in the custody of bank or banker as defined in Banker' Evidence Act, 1891(XVII of 1891), and relates or might disclose any information which relates to the bank account of any person except…"The first and lesser problem relating to the regulation of Internet commerce for tax purposes is the uncertainty of whether current laws will even apply to financial transfers on the Internet. By requiring very specific documentation of every transaction the government can attempt to extend the regulations that apply to paper based banking into "cyber banking". Nevertheless, it appears that this legislation will primarily be targeted at technology such as automatic teller machines and wire transfers, but will not contemplate newer banking applications such as the Internet. For example, the requirements that consumers receive receipts and periodic statements reflecting electronic transfers of money do not make sense when applied to stored-value cards that operate independently of a bank account. Stored value cards will likely replace cash to a significant degree as we move towards an increasingly paperless society.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 : electronic tax,ecommerce tax,internet tax,internet use tax,ecommerce taxation
ADMISSION AND VERIFICATION OF IDENTITY IN ELECTRONIC RECORDSVerification of identity is also a problem for consumers, who want to be assured that the persons with whom they do business are who they claim to be . As a result, companies engaged in electronic commerce are developing "digital certificates" or "digital IDs" that can be used to verify a person's identity over the Internet. "Digital certificates" are issued by a trusted intermediary who verifies the identity of a person and performs appropriate background checks, depending on the level of assurance to be granted. The simplest level verifies that an e-mail message was sent from an indicated address. The next level verifies the digital ID holder through online identity verification against a consumer database. The highest level requires that the holder personally appear before a notary public to have a digital ID application notarized. Once a person's identity has been verified, the certificate is created using public key encryption techniques, which makes it independently verifiable by the recipient and Immune from tampering it.Under clause (a), (b) (c) (d) subsection 2 of section 114 of Income tax Ordinance 2001 has make it obligatory on every person and company regarding providing evidence of the records, "…A return of income (a) shall be in the prescribed form; (b) shall state the information required by the form, including a declaration of the records kept by the taxpayer; (c) in the case of a person carrying on a business, shall include an income statement, balance sheet, and any other document as may be prescribed for the tax year; and (d) shall be signed by the person or the person's representative."The validation of the details of any business transaction requires an ability to follow a similar audit trail as that which exists for conventional commerce. The following elements must therefore be present- access to the basic records related to a transaction must be available; and the integrity of those records must be authenticated. Taxpayers are required to keep accurate books and records, which are subject to examination by the income tax authorities in order to verify the income and expenses reported on the taxpayer's return. "…Although many taxpayers rely on computerized record keeping systems to a large extent, many transactions still originate as paper records which can be used to verify the accuracy of the electronic records. However, for taxpayers engaged in the sale of electronic goods or services, no paper records are likely to be created because customer orders are placed and fulfilled electronically and therefore the only record that exists of these transactions could be an electronic one. As all users of computers know, this creates the possibility for tax evasion and fraud because computerized records can be altered without a trace."The "digital notarization" systems have been developed which are intended to make it possible to verify that electronic documents and records have not been altered. Public key encryption also permits a taxpayer to encrypt his financial records to prevent their examination on audit. It would seem that this should be treated no differently from failing to keep or destroying paper records. Even taxpayers engaged in the sale of physical, as opposed to electronic, goods may soon receive orders and issue invoices electronically. Electronic "documents" must be verifiable in order to minimize the potential for tax evasion.THE CONCEALMENT OF THE ELECTRONC TRANSACTION LEGAL ISSUES FOR TAXATING AUTHORITIESThese are many factors which can lead to evasion the collection of the e-commerce taxation. The section starting from 108 to 112 has enunciated in income tax ordinance of 2001 are related with the anti avoidance measure that could be adopted by the commissioner for the purposes avoidance of the taxes. In spite of fact that the anti avoidance provisions are available for curbing the avoidance of the taxes but the legislate provision are not sufficient to meet the complexities of e-commerce transaction owning to following factors.Thus far we have examined the Internet's impact on existing taxation frameworks on the assumption that any transactions conducted over the Internet would be to some degree either self-reported or within the investigative and enforcement powers of revenue authorities. This however is not always the case. In fact, the special characteristics of the Internet, i.e. its lack of central control, combined with its international reach make it very difficult, if not impossible, to regulate the vast amounts of money that are expected to travel through it. The Internet is used for tax avoidance and other criminal shifting of income.The web server could be located any where, irrespective of fact that transaction has been taken place, the remote web server location provide easy room for the concealment of the identity of the transaction.There is very ineffective construction of section 108 of income tax ordinance regarding the question of transaction which has realised in an arm's length transaction."…The Commissioner may, in respect of any transaction between persons who are associates, distribute, apportion or allocate income, deductions or tax credits between the persons as is necessary to reflect the income that the persons would have realised in an arm's length transaction."The strict construction statute with intrinsic aid of appropriate phrases conveys exact meanings that can lead to exact interpretation of statute according to intention of legislatures. The transaction has been conducted by e-commerce means requires substitution of texts which could embody the scientific mechanism into statutory provisions.The Sub-section 3 of section 111 of the income tax Ordinance related with the anti avoidance policy, the authority has been vested on the commissioner to question the satisfactory account of the expenditure of the account of other resources. "…and the person offers no explanation about the nature and source of the amount credited or the investment, money, valuable article, or funds from which the expenditure was made or the explanation offered by the person is not, in the Commissioner's opinion, satisfactory, the amount credited, value of the investment, money, value of the article, or amount of expenditure shall be included in the person's income chargeable to tax under head "Income from [Other Sources"] to the extent it is not adequately explained."Hiding Identification of the parties to a transaction, in particular the taxpayer The taxpayer can hide the identity of parties by tampering the database the website, where it has been uploaded.Where the declared value of any investment, valuable article or expenditure of a person is less than the cost of the investment or valuable article, or the amount of the expenditure, the Commissioner may, having regard to all the circumstances, include the difference in the person's income chargeable to tax under the head "Income from [Other Sources"] in the tax year in which the difference is discoveredThe deletion of the database is possible within fraction of the moment, which could provide enough opportunity for the tax payer to tamper with the record of the transaction in remote server and evade imposition of taxation.CYBER BANKINGLook here the power has been restricted under the section 94 of C of Cr.P.C. (Act V of 1898) for getting access to banking records, "…Provided that no such officer shall issue any order requiring the production of any document or other thing which is in the custody of bank or banker as defined in Banker' Evidence Act, 1891(XVII of 1891), and relates or might disclose any information which relates to the bank account of any person except…"The first and lesser problem relating to the regulation of Internet commerce for tax purposes is the uncertainty of whether current laws will even apply to financial transfers on the Internet. By requiring very specific documentation of every transaction the government can attempt to extend the regulations that apply to paper based banking into "cyber banking". Nevertheless, it appears that this legislation will primarily be targeted at technology such as automatic teller machines and wire transfers, but will not contemplate newer banking applications such as the Internet. For example, the requirements that consumers receive receipts and periodic statements reflecting electronic transfers of money do not make sense when applied to stored-value cards that operate independently of a bank account. Stored value cards will likely replace cash to a significant degree as we move towards an increasingly paperless society.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 : electronic tax,ecommerce tax,internet tax,internet use tax,ecommerce taxation
What is a Mobile Notary Public?
Author : Kent Pinkerton
A mobile notary public is, in essence, a notary willing to travel to the location of the client, in order to fulfill his or her duties. These typically entail the witnessing of sensitive documents, overseeing their signing, identifying participants and administering oaths when necessary.A mobile notary public makes the process of notarizing documents a great deal easier for individuals or corporations to procure. Most often, mobile notaries are part of a centralized association known as the U.S. Mobile Notary Association. Here, a prospective client can contact them and seek out an individual available for traveling to his or her location.When a company becomes a member of the U.S. Mobile Notary Association, they are qualified to display the Certified Mobile Notary Public (CMNP) designation. Often, other companies will attempt to emulate this designation with other, similar-sounding names, but the CMNP is the official designation for a licensed mobile notary.For those seeking a mobile notary public in the State of Florida, the Florida Mobile Notary Association and Services, Inc. offers a centralized location to finding willing and able Florida notaries.Among the services offered by the Florida Mobile Notary Association are:• Witnessing of legal documents
• Administering of oaths
• Remote document signings/loan closings
• Fingerprinting services
• Solemnized weddings (Florida is among the few states to offer this service from its certified notaries)Hiring a CMNP is essential for companies looking for services such as loan signing or notarized documents outside of regular business hours or locations. A CMNP will travel to the client's office or home on their schedule, and is trained to handle many types of documents including real estate, corporate, personal, custody, trusts and power of attorney.It is important to remember that a mobile notary is not licensed to practice law, prepare documents or provide any legal counsel. Their role is primarily that of an impartial witness to the signing of various documents and legal forms.To becoming a mobile notary public, one must follow several steps:• Fill out an application, providing your name, address and other contact info. You will also answer questions regarding age, residency and any previous Notary commissions held. Application procedures vary from state to state. For more information regarding the application process, you can visit the National Notary Association website at http://www.nationalnotary.org.
A mobile notary public is, in essence, a notary willing to travel to the location of the client, in order to fulfill his or her duties. These typically entail the witnessing of sensitive documents, overseeing their signing, identifying participants and administering oaths when necessary.A mobile notary public makes the process of notarizing documents a great deal easier for individuals or corporations to procure. Most often, mobile notaries are part of a centralized association known as the U.S. Mobile Notary Association. Here, a prospective client can contact them and seek out an individual available for traveling to his or her location.When a company becomes a member of the U.S. Mobile Notary Association, they are qualified to display the Certified Mobile Notary Public (CMNP) designation. Often, other companies will attempt to emulate this designation with other, similar-sounding names, but the CMNP is the official designation for a licensed mobile notary.For those seeking a mobile notary public in the State of Florida, the Florida Mobile Notary Association and Services, Inc. offers a centralized location to finding willing and able Florida notaries.Among the services offered by the Florida Mobile Notary Association are:• Witnessing of legal documents
• Administering of oaths
• Remote document signings/loan closings
• Fingerprinting services
• Solemnized weddings (Florida is among the few states to offer this service from its certified notaries)Hiring a CMNP is essential for companies looking for services such as loan signing or notarized documents outside of regular business hours or locations. A CMNP will travel to the client's office or home on their schedule, and is trained to handle many types of documents including real estate, corporate, personal, custody, trusts and power of attorney.It is important to remember that a mobile notary is not licensed to practice law, prepare documents or provide any legal counsel. Their role is primarily that of an impartial witness to the signing of various documents and legal forms.To becoming a mobile notary public, one must follow several steps:• Fill out an application, providing your name, address and other contact info. You will also answer questions regarding age, residency and any previous Notary commissions held. Application procedures vary from state to state. For more information regarding the application process, you can visit the National Notary Association website at http://www.nationalnotary.org.
• Applicants are next required to pay a fee to the commissioning authority.
• Applicants must then typically take an oath of office, which may be incorporated into the application or filed with a county clerk.
• Once an individual is commissioned as a Notary in his or her state, they are eligible to join a licensed mobile notary association in their state. Typically a small monthly fee is required to retain membership.Notary Public Info provides detailed information about how to become a notary public, plus notary public classes, supplies, services locations, and more. Notary Public Info is the sister site of Paralegals Web.
Keyword : notary public, how to become a notary public, notary public supplies
Virginia Social Security Disability Lawyer: How Do You Choose a Good One?
Author : Gerald G. Lutkenhaus
Social Security Disability Practice is a specialized field of law. If you needed brain surgery you would not go to a general practitioner. Similarly, if you need Social Security Disability you should go to a specialist. These are tips for finding a good one:First, you can of course go to the Yellow Pages and look for attorneys who specialize in this field.Second, you can check to see if the attorney has an "AV" rating by Martindale-Hubbell. This is an organization that ranks attorneys from "CV" which means just starting out, to "BV" an attorney with some years of experience, and finally "AV" which means an attorney who has been recognized by his peers as having the highest ability.Third, you should make sure the attorney is a member of the National Association of Social Security Representatives (NOSSCR).Fourth, you should check the NOSSCR web site to make sure the attorney is on NOSSCR's referral list. That site is www.NOSSCR.orgFifth, check the attorney's web site to see what information he/she provides about Social Security Disability Law and his/her experience.Sixth, ask your friends and relatives.Seventh, contact the Virginia State Bar to find out if any bar complaints have been filed against the attorney (804) 775-0570.Eight, ask the attorney for his brochure on Social Security Disability Law.After you have checked out the above you can be reasonably sure you will have an effective advocate before the Social Security Administration.This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia.This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.Gerald G. Lutkenhaus is a practitioner of Social Security Disability law in the Richmond, Virginia area for over 30 years and who was recognized in a July 1999 survey in Richmond Magazine as one of the best attorneys for workers' compensation in the Central Virginia area, and who was given an "AV" rating by Martindale Hubbell in 2003. For more information, see our websites at http://www.geraldlutkenhaus.com and http://www.virginiadisabilitylawyer.com
Keyword : Virginia Social Security Disability Lawyer, Virginia Social Security Disability Attorney
Social Security Disability Practice is a specialized field of law. If you needed brain surgery you would not go to a general practitioner. Similarly, if you need Social Security Disability you should go to a specialist. These are tips for finding a good one:First, you can of course go to the Yellow Pages and look for attorneys who specialize in this field.Second, you can check to see if the attorney has an "AV" rating by Martindale-Hubbell. This is an organization that ranks attorneys from "CV" which means just starting out, to "BV" an attorney with some years of experience, and finally "AV" which means an attorney who has been recognized by his peers as having the highest ability.Third, you should make sure the attorney is a member of the National Association of Social Security Representatives (NOSSCR).Fourth, you should check the NOSSCR web site to make sure the attorney is on NOSSCR's referral list. That site is www.NOSSCR.orgFifth, check the attorney's web site to see what information he/she provides about Social Security Disability Law and his/her experience.Sixth, ask your friends and relatives.Seventh, contact the Virginia State Bar to find out if any bar complaints have been filed against the attorney (804) 775-0570.Eight, ask the attorney for his brochure on Social Security Disability Law.After you have checked out the above you can be reasonably sure you will have an effective advocate before the Social Security Administration.This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia.This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.Gerald G. Lutkenhaus is a practitioner of Social Security Disability law in the Richmond, Virginia area for over 30 years and who was recognized in a July 1999 survey in Richmond Magazine as one of the best attorneys for workers' compensation in the Central Virginia area, and who was given an "AV" rating by Martindale Hubbell in 2003. For more information, see our websites at http://www.geraldlutkenhaus.com and http://www.virginiadisabilitylawyer.com
Keyword : Virginia Social Security Disability Lawyer, Virginia Social Security Disability Attorney
When Can Our Rights Be Wrong?
Author : Marc Holterman
As a general principle the law does not allow something to be done indirectly, which cannot be done directly; but, this has never prevented some from trying.
A Working Arrangement
In January 1992 the Royal Canadian Mounted Police ("RCMP") and the Department of National Revenue ("CRA") signed a Working Arrangement ("MOU") with two (2) stated objectives:
1. to collect taxes; and
2. to increase the effectiveness of criminal law enforcement.
For the RCMP the MOU was termed the "Tax Program" and for CRA it was called the Special Enforcement Program ("SEP"); and for both the ostensible target was "Organized Crime."
An Offer He Couldn't Refuse
For most people "organized crime" involves the Mafia (e.g. , Don Vito Corleone sending a movie producer the severed head of his horse); or outlaw biker and street gangs; but, the MOU (Part II, §4) definitions "organized crime" to "mean one person alone, or more than one person consorting together, who participate(s) on a continuing basis in illegal activities either directly or indirectly for gain."
Based on that language, a soccer mom who 'speeds' home from work twice a week (doing sixty kilometers per hour, through a fifty zone) to pick up her son, so he can get from school to his job at the car wash, could be a member of organized crime and thus, a target of a joint RCMP-CRA investigation under the MOU.
Ridiculous – maybe so; except, what's to stop it from happening?
The True Meaning…
Congress has defined "organized crime" as, "the unlawful activities of... a highly organized, disciplined association... ": The Organized Crime Control Act (U.S., 1970).
In 1997 Canada's Parliament enacted Bill C-95 (in response to a violent turf war between rival outlaw biker gangs in Québec) to introduce the concepts of "criminal organization" and "criminal organization offence" into the Criminal Code of Canada ("CC").
Forests of trees have died since to refine what is, and is not, organized crime, with nary a soccer mom to be seen.
In 1992, when the MOU was signed (revising an early version), there was either some confusion about what "organized crime" really meant; or the MOU had another, more sinister, purpose than pursuing Mafia types who didn't pay their taxes.
The Criminal Code now defines "criminal organization" to mean "any group, however organized, composed of three or more persons in or outside Canada, that has one of its main purposes or activities the facilitation or commission of one or more indictable criminal offences that, if committed, would likely result in the direct or indirect receipt of material benefit, by the group's member": §467.1(1).
In other words, it would include Don Corleone and his Family, as well as, the outlaw bikers and street gangs; but, it would exclude the soccer mom.
Criminal Law Enforcement
It is the second branch the MOU's goal, to "increase the effectiveness of criminal law enforcement", which is of particular interest here.
The 1982 Canadian Charter of Rights and Freedoms §7 guarantees that, "Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice."
Since even members of organized crime have rights, the RCMP/police may not violate them (i.e., Charter §8 "Everyone has the right to be secure against unreasonable search or seizure") by ignoring the strictures of criminal procedure (e.g., §487 CC search warrants).
The Loophole
Conversely, for CRA can compel the production of information and documents without a warrant (§231.2(1) ITA), a prima facie violation of §8: R. v. Collins, [1987] 1 S.C.R. 265 per LAMER, J. at §22 is not held to be unreasonable because if falls within the administrative framework of the ITA: R. v. McKinlay Transport Ltd. , [1990] 1 S.C.R. 627.
All CRA needs to use these Requirement powers are: 1) a genuine and serious inquiry into a tax liability (Canadian Bank of Commerce v. A.G. Canada (1962), 35 D.L.R. (2d) 49 and 2) a named taxpayer: §232.2(2) ITA; James Richardson & Sons, Limited v. Minister of National Revenue, [1984] 1 S.C.R. 614), to ensure that they are not "fishing."
Thus, while CRA can as a rule compel (under §238(1) ITA) productions under §231.2(1) ITA, should their audit become a criminal investigation (e.g., under §239(1) ITA) then neither the police nor CRA can obtain such information without a search warrant: §287(1) CC or §231.3(1) ITA: Hunter v. Southam Inc., [1984] 2 S.C.R. 145; (1985) per Dickson J. at p. 160: Thomson Newspapers Ltd. v. Canada, [1990] 1 S.C.R. 425).
This dichotomy between civil functions under the ITA and criminal investigations under the CC, could potentially permit the RCMP to acquire information from CRA that they would otherwise be prohibited from acquiring directly, because of the Charter §§7 & 8.
Acting In Concert
The MOU defines its overall objective in the following language: "in order to address more effectively the accumulation of unreported illicit wealth amassed by Organized Crime and increase the effectiveness of criminal law enforcement and thus cause maximum disruption to Organized Crime, stem the infiltration of legitimate business by criminal elements, and reduce the activities of Organized Crime on society, [CRA] and the RCMP agree to act in concert with one another in combating Organized Crime through enforcement under the Income Tax Act." [Emphasis added herein]
According to the plain language of the MOU, CRA and the RCMP are working together to, inter alia, combat organized crime through enforcement of the ITA, that is to increase the effectiveness of the RCMP's enforcement of criminal law (since CRA has no mandate to enforce criminal law, only the ITA).
The language of the MOU states that its purpose is to "enforce [ ] the Income Tax Act" (MOU, p. 1, Part II, §3) by conducting joint RCMP-CRA investigations to "provid[e] the maximum information to the Collections Division in order to maximize the actual collection of taxes…" (Ibid., p. 3, Part III, §(d)).
Yet, other paragraphs in the MOU are worded too expansively to limit the usage to revenue collection: e.g., "tax information" means "information that is (a) obtained by or on behalf of the Minister of National Revenue for the purposes of the ITA… this would include any and all information obtained for purposes of this program…" [Emphasis added].
Tax Information
The predominant collector of information will be CRA, but the MOU says little about the usage of the information once it's been collected. After the tax purpose of the MOU has been served what of the second branch?
Part VII of the MOU (p. 4, §ii) provides, in part, that "tax information and tax documents" will be given to the RCMP for the purpose of the program, but only in accordance with §241(1)(a) to (c) ITA; that is, no official shall knowingly provide, allow access or use of taxpayer information by any person, except as authorized by the section.
Rules of statutory construction "presume[s] that the legislature avoids superfluous or meaningless words, that it does not pointlessly repeat itself or speak in vain. Every word in a statute is presumed to make sense and to have a specific role to play in advancing the legislative purpose": Tower v. M.N.R., [2004] 1 F.C. 183 (F.C.A.) §15.
Based on sub-§§241(1) and (2) a taxpayer could expect that indirect violations of Charter §§7 & 8 such as postulated above would be prohibited, but is that really the case?
Secondary Usage
§241(3)(a) ITA provides that notwithstanding §§241(1), (2) if the information is to used in "criminal proceedings, either by indictment or on summary conviction, that have been commenced by the laying of an information or the preferring of an indictment, under an Act of Parliament…", which would, of course, include the CC then there will be no violation of §241 ITA.
Conversely, the MOU (p. 4, Part VII, §(iv)) expressly provides that RCMP information and documents are not to be disclosed outside SEP, without their consent. Evidently the MOU could have extended this protection to taxpayer information, but it could not do so and still fulfill its role as providing indirect information gathering services for the RCMP.
The MOU appears to protect the confidentiality of taxpayer information when, in reality, it does nothing of the sort.
Charter Protections
The Courts use a contextual approach in balancing §7 rights which have been allegedly infringed: R. v. White, [1999] 2 S.C.R. 417.
In R. v. Jarvis, [2002] 3 S.C.R. 757 Iacobucci and Major, JJ. at §96, the Supreme Court of Canada held that, "…with respect to s. 7 of the Charter, when the predominant purpose of a question or inquiry is the determination of penal liability, the 'full panoply' of Charter rights are engaged for the taxpayer's protection. There are a number of consequences that flow from this. First, no further statements may be compelled from the taxpayer by way of s. 231.1(1)(d) for the purpose of advancing the criminal investigation. Likewise, no written documents may be inspected or examined, except by way of judicial warrant under s. 231.3 of the ITA or s. 487 of the Criminal Code, and no documents may be required, from the taxpayer or any third party for the purpose of advancing the criminal investigation. CCRA officials conducting inquiries, the predominant purpose of which is the determination of penal liability, do not have the benefit of the ss. 231.1(1) and 231.2(1) requirement powers."
The RCMP could therefore use the civil administrative procedures of the ITA to indirectly collect information, for subsequent use in a criminal prosecution under the CC. Whether the RCMP has used their MOU with CRA to circumvent the §§7 & 8 of the Charter in this manner is unknown.
Since the release of Jarvis, above, the MOU retains no pretence of legality. The secondary branch of the MOU's has as its predominant purpose an objective designed to circumvent Charter rights.
While it is the official position of the Director of Operations (CRA Investigations) that SEP does not do criminal investigations, the evidence does not support his viewpoint. SEP obtains files in cases where there is alleged, suspected, or confirmed criminal activity.
Moral Of The Story
There is a legal maxim that says, "Justice must not only be done but also be seen to be done." Since the MOU could serve an illicit purpose, contrary to the Charter, it ought to be withdrawn and the SEP units inside CRA, which owe their existence to it, ought to be disbanded. Staff Writer
For Tax Evasion Resources
http://www.taxevasionresources.com
Keyword : Tax, Evasion, CRA, 231.2(1), ITA, Requirements, Abuse, RPIDs, MNR, disclosure, Jarvis, Boucher
As a general principle the law does not allow something to be done indirectly, which cannot be done directly; but, this has never prevented some from trying.
A Working Arrangement
In January 1992 the Royal Canadian Mounted Police ("RCMP") and the Department of National Revenue ("CRA") signed a Working Arrangement ("MOU") with two (2) stated objectives:
1. to collect taxes; and
2. to increase the effectiveness of criminal law enforcement.
For the RCMP the MOU was termed the "Tax Program" and for CRA it was called the Special Enforcement Program ("SEP"); and for both the ostensible target was "Organized Crime."
An Offer He Couldn't Refuse
For most people "organized crime" involves the Mafia (e.g. , Don Vito Corleone sending a movie producer the severed head of his horse); or outlaw biker and street gangs; but, the MOU (Part II, §4) definitions "organized crime" to "mean one person alone, or more than one person consorting together, who participate(s) on a continuing basis in illegal activities either directly or indirectly for gain."
Based on that language, a soccer mom who 'speeds' home from work twice a week (doing sixty kilometers per hour, through a fifty zone) to pick up her son, so he can get from school to his job at the car wash, could be a member of organized crime and thus, a target of a joint RCMP-CRA investigation under the MOU.
Ridiculous – maybe so; except, what's to stop it from happening?
The True Meaning…
Congress has defined "organized crime" as, "the unlawful activities of... a highly organized, disciplined association... ": The Organized Crime Control Act (U.S., 1970).
In 1997 Canada's Parliament enacted Bill C-95 (in response to a violent turf war between rival outlaw biker gangs in Québec) to introduce the concepts of "criminal organization" and "criminal organization offence" into the Criminal Code of Canada ("CC").
Forests of trees have died since to refine what is, and is not, organized crime, with nary a soccer mom to be seen.
In 1992, when the MOU was signed (revising an early version), there was either some confusion about what "organized crime" really meant; or the MOU had another, more sinister, purpose than pursuing Mafia types who didn't pay their taxes.
The Criminal Code now defines "criminal organization" to mean "any group, however organized, composed of three or more persons in or outside Canada, that has one of its main purposes or activities the facilitation or commission of one or more indictable criminal offences that, if committed, would likely result in the direct or indirect receipt of material benefit, by the group's member": §467.1(1).
In other words, it would include Don Corleone and his Family, as well as, the outlaw bikers and street gangs; but, it would exclude the soccer mom.
Criminal Law Enforcement
It is the second branch the MOU's goal, to "increase the effectiveness of criminal law enforcement", which is of particular interest here.
The 1982 Canadian Charter of Rights and Freedoms §7 guarantees that, "Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice."
Since even members of organized crime have rights, the RCMP/police may not violate them (i.e., Charter §8 "Everyone has the right to be secure against unreasonable search or seizure") by ignoring the strictures of criminal procedure (e.g., §487 CC search warrants).
The Loophole
Conversely, for CRA can compel the production of information and documents without a warrant (§231.2(1) ITA), a prima facie violation of §8: R. v. Collins, [1987] 1 S.C.R. 265 per LAMER, J. at §22 is not held to be unreasonable because if falls within the administrative framework of the ITA: R. v. McKinlay Transport Ltd. , [1990] 1 S.C.R. 627.
All CRA needs to use these Requirement powers are: 1) a genuine and serious inquiry into a tax liability (Canadian Bank of Commerce v. A.G. Canada (1962), 35 D.L.R. (2d) 49 and 2) a named taxpayer: §232.2(2) ITA; James Richardson & Sons, Limited v. Minister of National Revenue, [1984] 1 S.C.R. 614), to ensure that they are not "fishing."
Thus, while CRA can as a rule compel (under §238(1) ITA) productions under §231.2(1) ITA, should their audit become a criminal investigation (e.g., under §239(1) ITA) then neither the police nor CRA can obtain such information without a search warrant: §287(1) CC or §231.3(1) ITA: Hunter v. Southam Inc., [1984] 2 S.C.R. 145; (1985) per Dickson J. at p. 160: Thomson Newspapers Ltd. v. Canada, [1990] 1 S.C.R. 425).
This dichotomy between civil functions under the ITA and criminal investigations under the CC, could potentially permit the RCMP to acquire information from CRA that they would otherwise be prohibited from acquiring directly, because of the Charter §§7 & 8.
Acting In Concert
The MOU defines its overall objective in the following language: "in order to address more effectively the accumulation of unreported illicit wealth amassed by Organized Crime and increase the effectiveness of criminal law enforcement and thus cause maximum disruption to Organized Crime, stem the infiltration of legitimate business by criminal elements, and reduce the activities of Organized Crime on society, [CRA] and the RCMP agree to act in concert with one another in combating Organized Crime through enforcement under the Income Tax Act." [Emphasis added herein]
According to the plain language of the MOU, CRA and the RCMP are working together to, inter alia, combat organized crime through enforcement of the ITA, that is to increase the effectiveness of the RCMP's enforcement of criminal law (since CRA has no mandate to enforce criminal law, only the ITA).
The language of the MOU states that its purpose is to "enforce [ ] the Income Tax Act" (MOU, p. 1, Part II, §3) by conducting joint RCMP-CRA investigations to "provid[e] the maximum information to the Collections Division in order to maximize the actual collection of taxes…" (Ibid., p. 3, Part III, §(d)).
Yet, other paragraphs in the MOU are worded too expansively to limit the usage to revenue collection: e.g., "tax information" means "information that is (a) obtained by or on behalf of the Minister of National Revenue for the purposes of the ITA… this would include any and all information obtained for purposes of this program…" [Emphasis added].
Tax Information
The predominant collector of information will be CRA, but the MOU says little about the usage of the information once it's been collected. After the tax purpose of the MOU has been served what of the second branch?
Part VII of the MOU (p. 4, §ii) provides, in part, that "tax information and tax documents" will be given to the RCMP for the purpose of the program, but only in accordance with §241(1)(a) to (c) ITA; that is, no official shall knowingly provide, allow access or use of taxpayer information by any person, except as authorized by the section.
Rules of statutory construction "presume[s] that the legislature avoids superfluous or meaningless words, that it does not pointlessly repeat itself or speak in vain. Every word in a statute is presumed to make sense and to have a specific role to play in advancing the legislative purpose": Tower v. M.N.R., [2004] 1 F.C. 183 (F.C.A.) §15.
Based on sub-§§241(1) and (2) a taxpayer could expect that indirect violations of Charter §§7 & 8 such as postulated above would be prohibited, but is that really the case?
Secondary Usage
§241(3)(a) ITA provides that notwithstanding §§241(1), (2) if the information is to used in "criminal proceedings, either by indictment or on summary conviction, that have been commenced by the laying of an information or the preferring of an indictment, under an Act of Parliament…", which would, of course, include the CC then there will be no violation of §241 ITA.
Conversely, the MOU (p. 4, Part VII, §(iv)) expressly provides that RCMP information and documents are not to be disclosed outside SEP, without their consent. Evidently the MOU could have extended this protection to taxpayer information, but it could not do so and still fulfill its role as providing indirect information gathering services for the RCMP.
The MOU appears to protect the confidentiality of taxpayer information when, in reality, it does nothing of the sort.
Charter Protections
The Courts use a contextual approach in balancing §7 rights which have been allegedly infringed: R. v. White, [1999] 2 S.C.R. 417.
In R. v. Jarvis, [2002] 3 S.C.R. 757 Iacobucci and Major, JJ. at §96, the Supreme Court of Canada held that, "…with respect to s. 7 of the Charter, when the predominant purpose of a question or inquiry is the determination of penal liability, the 'full panoply' of Charter rights are engaged for the taxpayer's protection. There are a number of consequences that flow from this. First, no further statements may be compelled from the taxpayer by way of s. 231.1(1)(d) for the purpose of advancing the criminal investigation. Likewise, no written documents may be inspected or examined, except by way of judicial warrant under s. 231.3 of the ITA or s. 487 of the Criminal Code, and no documents may be required, from the taxpayer or any third party for the purpose of advancing the criminal investigation. CCRA officials conducting inquiries, the predominant purpose of which is the determination of penal liability, do not have the benefit of the ss. 231.1(1) and 231.2(1) requirement powers."
The RCMP could therefore use the civil administrative procedures of the ITA to indirectly collect information, for subsequent use in a criminal prosecution under the CC. Whether the RCMP has used their MOU with CRA to circumvent the §§7 & 8 of the Charter in this manner is unknown.
Since the release of Jarvis, above, the MOU retains no pretence of legality. The secondary branch of the MOU's has as its predominant purpose an objective designed to circumvent Charter rights.
While it is the official position of the Director of Operations (CRA Investigations) that SEP does not do criminal investigations, the evidence does not support his viewpoint. SEP obtains files in cases where there is alleged, suspected, or confirmed criminal activity.
Moral Of The Story
There is a legal maxim that says, "Justice must not only be done but also be seen to be done." Since the MOU could serve an illicit purpose, contrary to the Charter, it ought to be withdrawn and the SEP units inside CRA, which owe their existence to it, ought to be disbanded. Staff Writer
For Tax Evasion Resources
http://www.taxevasionresources.com
Keyword : Tax, Evasion, CRA, 231.2(1), ITA, Requirements, Abuse, RPIDs, MNR, disclosure, Jarvis, Boucher
Are Lawyers Ethical?
Author : Lance Winslow
Many believe that Lawyers are not ethical human beings and that they do not enforce the law or protect the rights of our society. Many believe that lawyers merely use the law and re-interpret the law for the advantage of those paying them to do so. Therefore they are being unethical to the law the purport to serve, as they manipulate the law to mean whatever it is that they wish it to mean for the highest paying clientele. Now some would argue that they are ethical and helping their clients from being abused by law. Yet if so they are not enforcing the law, but modifying either its intent, definition or letter of the law using case law and arguments which are vaguely relevant to any particular reality of the law.So when arguing the question are Lawyers Ethical, one would have to come to the conclusion that they are pragmatic at best and outright criminals at worst. Yet any lawyer worth his salt will immediately object to such statements and say ask the questions;What do you mean when you say Ethical?What is your definition of Law?What do you consider a definition?What exactly is a client?What exactly is reality?What do you mean by the comment of pragmatism?This is how a lawyer can justify their criminality or decisions to hide in the shawdows of the gray area of law and proclaim themselves members of a noble and ethical profession and slayers of evil as they enforce the laws for the betterment of the whole of our civilization. Of course all their talk and boloney is pure and utter hokum, but it is nice to know where they are coming from as the refute Caesars best advice; "the first thing we do is kill all the lawyers!" In fact if lawyers were as ethical as they say, we would not have to kill them, as they would kill themselves to save our civilization from their obvious attacks on the truth and our laws. Think on it.Lance Winslow - Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; www.WorldThinkTank.net/wttbbs/
Keyword : lawyers, ethical, kill all the lawyers, criminals, caselaw
Many believe that Lawyers are not ethical human beings and that they do not enforce the law or protect the rights of our society. Many believe that lawyers merely use the law and re-interpret the law for the advantage of those paying them to do so. Therefore they are being unethical to the law the purport to serve, as they manipulate the law to mean whatever it is that they wish it to mean for the highest paying clientele. Now some would argue that they are ethical and helping their clients from being abused by law. Yet if so they are not enforcing the law, but modifying either its intent, definition or letter of the law using case law and arguments which are vaguely relevant to any particular reality of the law.So when arguing the question are Lawyers Ethical, one would have to come to the conclusion that they are pragmatic at best and outright criminals at worst. Yet any lawyer worth his salt will immediately object to such statements and say ask the questions;What do you mean when you say Ethical?What is your definition of Law?What do you consider a definition?What exactly is a client?What exactly is reality?What do you mean by the comment of pragmatism?This is how a lawyer can justify their criminality or decisions to hide in the shawdows of the gray area of law and proclaim themselves members of a noble and ethical profession and slayers of evil as they enforce the laws for the betterment of the whole of our civilization. Of course all their talk and boloney is pure and utter hokum, but it is nice to know where they are coming from as the refute Caesars best advice; "the first thing we do is kill all the lawyers!" In fact if lawyers were as ethical as they say, we would not have to kill them, as they would kill themselves to save our civilization from their obvious attacks on the truth and our laws. Think on it.Lance Winslow - Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; www.WorldThinkTank.net/wttbbs/
Keyword : lawyers, ethical, kill all the lawyers, criminals, caselaw
Rule Against Perpetuities
Author : Michael Pancheri
The "rule against perpetuities" is often described as one of the most complicated legal rules ever!It's origin stems from the days of feudal England - some say as early as 1680 - when landowners often tried to control the use and disposition of property beyond the grave - a concept often referred to as control by the "dead hand."The rule against perpetuities was intended to prevent people from tying up property - both real and personal - for generation after generation. In feudal England, the practice was to put land in trust in perpetuity, with succeeding generations living off the land without actually owning it. The catalyst for this practice was the avoidance of certain taxes which were being levied upon the transfer of land upon the death of the owner. Perpetual trusts avoided the tax, but many people argue that the practice had the deleterious effect of concentrating large amounts of wealth among a few members of society.The rule against perpetuities, then, was designed to insure that some person would actually own the land within a reasonable period of time after the death of the transferor. To accomplish that result, the rule stated that no interest in property would be valid unless it could be shown that the interest would vest, if at all, no later than 21 years after some life in being at the creation of the interest.Although the rule appears to be straightforward, it has become one of the most complicated legal rules for this reason: the rule requires, with absolute certainty, that an interest in property will vest no later than 21 years after some life in being at the creation of the interest. If there is any possibility that the interest will not vest during that period, then the gift fails ab initio, i.e. from the time the document creating the interest takes effect. For wills, it is the time of the Testator's death. For trusts, it is the time the transaction is complete.Let's consider a few examples illustrating the application of this rule:1. John's will provides that Land A is to be given to the first child of Joseph to reach the age of 21. If Joseph is to have any children at all, they certainly will reach the age of 21 within 21 years after Joseph's death. Therefore, the gift does not violate the rule against perpetuities.2. John's will provides that Land A is to be given to the first child of Joseph to marry. The gift is void under the rule against perpetuities because (a) it is possible that Joseph will have children during his lifetime and (b) if he does, there is no certainty that any of them will marry within 21 years after Joseph's death.3. John's living trust states that, upon his death, his friend Mary has the right to live in his house for her life, then the house is given to Mary's oldest child. The measuring period is Mary's life, plus 21 years. Since the gift to Mary's oldest child will vest, if at all, immediately upon Mary's death, the gift does not violate the rule against perpetuities.4. John's living trust states that, upon his death, his cottage in Vermont will go to the first member of his boy scout troop to earn the eagle rank. The gift is void under the rule against perpetuities because it is possible that no one will earn the eagle rank from his boy scout troop during the lives in being at the time of John's death, plus 21 years. For one thing, the troop may cease to exist before anyone reaches that rank.The complexity of the rule against perpetuities is further evidenced by the problem of the unborn widow. Suppose that John, from our examples above, wants to give his property to his son, Joseph, and Joseph's wife, and then to their children.The provision in John's trust or will would look something like this:To Joseph for life, then to his wife for life, then to Joseph's children.
This is a reasonable gift upon John's death, yet it violates the rule against perpetuities.Let's suppose that Joseph was married, but had no children, at the time of John's death. This would mean that Joseph and his wife are Lives in Being. If Joseph's wife were to die or if Joseph and his wife divorced and if Joseph remarried to someone who was born after John's death, then Joseph's new wife could not be a life in being. As such, she could outlive Joseph by more than 21 years and so the transfer to Joseph's children after the death of Joseph's wife would be outside the measuring period, thereby violating the rule against perpetuities.Now suppose that Joseph was not married at the time of John's death and that Joseph got married afterward. Again, Joseph's wife would not be a life in being for purposes of applying the rule - and, it's possible that she could outlive Joseph by more than 21 years, thereby preventing Joseph's children from vesting in the property within the measuring period.If you think that the rule against perpetuities is something that does not apply to you, think again. If you have a will or a trust that provides for a contingent beneficiary in the event something happens to the primary beneficiary, the rule against perpetuities comes into play. For this reason, if you have a will or a trust, it probably has a clause addressing this rule. Most are simply entitled, "Rule against Perpetuities."In the last few years, many states have moved to either modify the rule or abolish it all together. Part of the reason, of course, is owing to the complexity of the rule itself. But, there is also a growing trend in the country to remove any barriers to the accumulation and perpetuation of wealth, which the rule against perpetuities has been steadfast against for over three hundred years.With several states abolishing the rule against perpetuities altogether, we now see the rise of estate planning vehicles designed specifically to perpetuate wealth from generation to generation. We'll take a look at one of the more popular of those vehicles next time.Next time: the "dynasty trust."Attorney Michael Pancheri is a practicing attorney and the founder and CEO of the Living Trust Network. You may contact him by email at info@livingtrustnetwork.com.You may also contact him at the Living Trust Network's web site. Its URL is http://www.livingtrustnetwork.comCopyright 2005. The Living Trust Network, LLC.
Keyword : rule against perpetuity
The "rule against perpetuities" is often described as one of the most complicated legal rules ever!It's origin stems from the days of feudal England - some say as early as 1680 - when landowners often tried to control the use and disposition of property beyond the grave - a concept often referred to as control by the "dead hand."The rule against perpetuities was intended to prevent people from tying up property - both real and personal - for generation after generation. In feudal England, the practice was to put land in trust in perpetuity, with succeeding generations living off the land without actually owning it. The catalyst for this practice was the avoidance of certain taxes which were being levied upon the transfer of land upon the death of the owner. Perpetual trusts avoided the tax, but many people argue that the practice had the deleterious effect of concentrating large amounts of wealth among a few members of society.The rule against perpetuities, then, was designed to insure that some person would actually own the land within a reasonable period of time after the death of the transferor. To accomplish that result, the rule stated that no interest in property would be valid unless it could be shown that the interest would vest, if at all, no later than 21 years after some life in being at the creation of the interest.Although the rule appears to be straightforward, it has become one of the most complicated legal rules for this reason: the rule requires, with absolute certainty, that an interest in property will vest no later than 21 years after some life in being at the creation of the interest. If there is any possibility that the interest will not vest during that period, then the gift fails ab initio, i.e. from the time the document creating the interest takes effect. For wills, it is the time of the Testator's death. For trusts, it is the time the transaction is complete.Let's consider a few examples illustrating the application of this rule:1. John's will provides that Land A is to be given to the first child of Joseph to reach the age of 21. If Joseph is to have any children at all, they certainly will reach the age of 21 within 21 years after Joseph's death. Therefore, the gift does not violate the rule against perpetuities.2. John's will provides that Land A is to be given to the first child of Joseph to marry. The gift is void under the rule against perpetuities because (a) it is possible that Joseph will have children during his lifetime and (b) if he does, there is no certainty that any of them will marry within 21 years after Joseph's death.3. John's living trust states that, upon his death, his friend Mary has the right to live in his house for her life, then the house is given to Mary's oldest child. The measuring period is Mary's life, plus 21 years. Since the gift to Mary's oldest child will vest, if at all, immediately upon Mary's death, the gift does not violate the rule against perpetuities.4. John's living trust states that, upon his death, his cottage in Vermont will go to the first member of his boy scout troop to earn the eagle rank. The gift is void under the rule against perpetuities because it is possible that no one will earn the eagle rank from his boy scout troop during the lives in being at the time of John's death, plus 21 years. For one thing, the troop may cease to exist before anyone reaches that rank.The complexity of the rule against perpetuities is further evidenced by the problem of the unborn widow. Suppose that John, from our examples above, wants to give his property to his son, Joseph, and Joseph's wife, and then to their children.The provision in John's trust or will would look something like this:To Joseph for life, then to his wife for life, then to Joseph's children.
This is a reasonable gift upon John's death, yet it violates the rule against perpetuities.Let's suppose that Joseph was married, but had no children, at the time of John's death. This would mean that Joseph and his wife are Lives in Being. If Joseph's wife were to die or if Joseph and his wife divorced and if Joseph remarried to someone who was born after John's death, then Joseph's new wife could not be a life in being. As such, she could outlive Joseph by more than 21 years and so the transfer to Joseph's children after the death of Joseph's wife would be outside the measuring period, thereby violating the rule against perpetuities.Now suppose that Joseph was not married at the time of John's death and that Joseph got married afterward. Again, Joseph's wife would not be a life in being for purposes of applying the rule - and, it's possible that she could outlive Joseph by more than 21 years, thereby preventing Joseph's children from vesting in the property within the measuring period.If you think that the rule against perpetuities is something that does not apply to you, think again. If you have a will or a trust that provides for a contingent beneficiary in the event something happens to the primary beneficiary, the rule against perpetuities comes into play. For this reason, if you have a will or a trust, it probably has a clause addressing this rule. Most are simply entitled, "Rule against Perpetuities."In the last few years, many states have moved to either modify the rule or abolish it all together. Part of the reason, of course, is owing to the complexity of the rule itself. But, there is also a growing trend in the country to remove any barriers to the accumulation and perpetuation of wealth, which the rule against perpetuities has been steadfast against for over three hundred years.With several states abolishing the rule against perpetuities altogether, we now see the rise of estate planning vehicles designed specifically to perpetuate wealth from generation to generation. We'll take a look at one of the more popular of those vehicles next time.Next time: the "dynasty trust."Attorney Michael Pancheri is a practicing attorney and the founder and CEO of the Living Trust Network. You may contact him by email at info@livingtrustnetwork.com.You may also contact him at the Living Trust Network's web site. Its URL is http://www.livingtrustnetwork.comCopyright 2005. The Living Trust Network, LLC.
Keyword : rule against perpetuity
Wrongful Death - Has It Happened To Your Loved One?
Author : Leon Chaddock
Each year, many people are faced with the loss of a loved one that somehow just doesn't add up. Once you get through your grief and the facts begin to come together, you may think that someone made a mistake that cost you your loved one. If you feel that wrongful death may have happened to someone you know and love, then you have every right in the world to pursue it.Knowing what to do is the key here. It is best not to go after anyone yourself, but to allow your attorney to do this. If you do not have one, contact several and ask for help. You will need to meet with them, tell them about your situation and why you think wrongful death happened. They can then help you to determine if in fact this is true. From this point, you can choose the attorney that fills your needs the best and depending on whether or not they believe you have a case, move forward.More than likely, the attorney will handle most of the fact finding as well as the lawsuit for you. You are likely needed to provide the information that you know and to assist them at trial. More than that, you will not need to do in most cases. Because you are putting so much trust into this lawyer, you need to make sure that you trust him or her. You need to know that they will do the very best to find out what actually happened and to make sure that if it was wrongful death that someone is punished. More importantly, they will help to make sure that wrongful death does not happen again to someone else's loved one. Wrongful death is wasted life.For more information please see http://www.wrongful-death-help.co.uk
Keyword : Wrongful death
Each year, many people are faced with the loss of a loved one that somehow just doesn't add up. Once you get through your grief and the facts begin to come together, you may think that someone made a mistake that cost you your loved one. If you feel that wrongful death may have happened to someone you know and love, then you have every right in the world to pursue it.Knowing what to do is the key here. It is best not to go after anyone yourself, but to allow your attorney to do this. If you do not have one, contact several and ask for help. You will need to meet with them, tell them about your situation and why you think wrongful death happened. They can then help you to determine if in fact this is true. From this point, you can choose the attorney that fills your needs the best and depending on whether or not they believe you have a case, move forward.More than likely, the attorney will handle most of the fact finding as well as the lawsuit for you. You are likely needed to provide the information that you know and to assist them at trial. More than that, you will not need to do in most cases. Because you are putting so much trust into this lawyer, you need to make sure that you trust him or her. You need to know that they will do the very best to find out what actually happened and to make sure that if it was wrongful death that someone is punished. More importantly, they will help to make sure that wrongful death does not happen again to someone else's loved one. Wrongful death is wasted life.For more information please see http://www.wrongful-death-help.co.uk
Keyword : Wrongful death
What's the Difference Between: A Lawyer, Solicitor, Advocate, Barrister, Counselor, and an Attorney?
Author : Amit Laufer
Have you ever wondered where all these somewhat confusing terms came from? Well the answer is they are all types of Lawyers originated from various legal systems. Some of the terms are from the English legal system, some are from Scotland and some from the American legal system.An Attorney is somebody legally empowered to represent another person, or act on their behalf.A Lawyer is somebody who can give legal advice and has been trained in the law.Are Attorney and Lawyer are synonyms? Basically yes, but they are not necessarily Interchangeable terms, you cannot for instance say I give you the Power of a Lawyer, but you definitely might say I give you the power of Attorney...Look again at the above definitions, does it now make any sense? Off course it does.An attorney in fact is an agent who conducts business under authority that is controlled and limited by a written document called a letter, or power, of attorney granted by the principal. An attorney at law is an officer of a court of law authorized to represent the person employing him (the client) in legal proceedings.A Solicitor- One that solicits, especially one that seeks trade or contributions. The chief law officer of a city, town, or government department but does not act as an advocate in court, as opposed to the Attorney who pleads in court. (English Law).A Barrister(Called Advocate in Scotland) presents the case in court. Most senior and distinguished barristers are designated King's (Queen's) counsel.A Counselor at law- In the past at least in some U.S states there was a distinction between the term A Counselor at Law who argued the case in court and an attorney who prepared the case but didn't argue it.Nowadays an attorney at law is authorized to exercise all the functions of a practicing lawyer. All of them must, however, like the ordinary attorney, be admitted to the bar. The term attorney is also used for county, state, and federal prosecuting officers, as county attorney, district attorney, and attorney general.Lawyers, also called attorneys, act as both advocates and advisors in our society. As advocates, they represent one of the parties in criminal and civil trials by presenting evidence and arguing in court to support their client. As advisors, lawyers counsel their clients concerning their legal rights and obligations and suggest particular courses of action in business and personal matters. Although all lawyers are licensed to represent parties in court, some appear in court more frequently than others. Trial lawyers, who specialize in trial work, must be able to think quickly and speak with ease and authority. In addition, familiarity with courtroom rules and strategy is particularly important in trial work. Still, trial lawyers spend the majority of their time outside the courtroom, conducting research, interviewing clients and witnesses, and handling other details in preparation for trial.Lawyers types:The legal system affects nearly every aspect of our society, from buying a home to crossing the street. Lawyers hold positions of great responsibility and are obligated to adhere to a strict code of ethics.The more detailed aspects of a lawyer's job depend upon his or her field of specialization and position. Although all lawyers are licensed to represent parties in court, some appear in court more frequently than others.Lawyers may specialize in a number of different areas, such as bankruptcy, probate, international, or elder law. Those specializing in environmental law, for example, may represent public-interest groups, waste disposal companies, or construction firms in their dealings with the U.S. Environmental Protection Agency (EPA) and other Federal and State agencies. These lawyers help clients prepare and file for licenses and applications for approval before certain activities may occur. In addition, they represent clients' interests in administrative adjudications.Some lawyers concentrate in the growing field of intellectual property, helping to protect clients' claims to copyrights, artwork under contract, product designs, and computer programs. Still other lawyers advise insurance companies about the legality of insurance transactions, writing insurance policies to conform with the law and to protect companies from unwarranted claims.Most lawyers are found in private practice, where they concentrate on criminal or civil law. In criminal law, lawyers represent individuals who have been charged with crimes and argue their cases in courts of law. Attorneys dealing with civil law assist clients with litigation, wills, trusts, contracts, mortgages, titles, and leases. Other lawyers handle only public-interest cases—civil or criminal—which may have an impact extending well beyond the individual client.These issues might involve patents, government regulations, and contracts with other companies, property interests, or collective-bargaining agreements with unions.Other lawyers work for legal-aid societies—private, nonprofit organizations established to serve disadvantaged people. These lawyers generally handle civil, rather than criminal, cases. A relatively small number of trained attorneys work in law schools.The real life situations have created "specialties" according to business profitability. This is how terms like Vioxx Lawyer, DUI Lawyer, Lemon Law Lawyer , Structured Settlements Lawyer and others came about.Additional Information:www.Lawyers-Best-Infoweb.comMBA - International Trade & Finance - Heriot-Watt University. Bsc. Computers and Information Systems - Long Island University - C.W Post Campus. Hobby: Photography. Married with two Children.Owner Editor of: http://www.Lawyers-Best-Infoweb.com
Keyword : Lawyer, Lawyers, Attoreny, Attorenys, Accident Lawyer, Dui Lawyer, Wrongfull death lawyer, Lawyer ed
Have you ever wondered where all these somewhat confusing terms came from? Well the answer is they are all types of Lawyers originated from various legal systems. Some of the terms are from the English legal system, some are from Scotland and some from the American legal system.An Attorney is somebody legally empowered to represent another person, or act on their behalf.A Lawyer is somebody who can give legal advice and has been trained in the law.Are Attorney and Lawyer are synonyms? Basically yes, but they are not necessarily Interchangeable terms, you cannot for instance say I give you the Power of a Lawyer, but you definitely might say I give you the power of Attorney...Look again at the above definitions, does it now make any sense? Off course it does.An attorney in fact is an agent who conducts business under authority that is controlled and limited by a written document called a letter, or power, of attorney granted by the principal. An attorney at law is an officer of a court of law authorized to represent the person employing him (the client) in legal proceedings.A Solicitor- One that solicits, especially one that seeks trade or contributions. The chief law officer of a city, town, or government department but does not act as an advocate in court, as opposed to the Attorney who pleads in court. (English Law).A Barrister(Called Advocate in Scotland) presents the case in court. Most senior and distinguished barristers are designated King's (Queen's) counsel.A Counselor at law- In the past at least in some U.S states there was a distinction between the term A Counselor at Law who argued the case in court and an attorney who prepared the case but didn't argue it.Nowadays an attorney at law is authorized to exercise all the functions of a practicing lawyer. All of them must, however, like the ordinary attorney, be admitted to the bar. The term attorney is also used for county, state, and federal prosecuting officers, as county attorney, district attorney, and attorney general.Lawyers, also called attorneys, act as both advocates and advisors in our society. As advocates, they represent one of the parties in criminal and civil trials by presenting evidence and arguing in court to support their client. As advisors, lawyers counsel their clients concerning their legal rights and obligations and suggest particular courses of action in business and personal matters. Although all lawyers are licensed to represent parties in court, some appear in court more frequently than others. Trial lawyers, who specialize in trial work, must be able to think quickly and speak with ease and authority. In addition, familiarity with courtroom rules and strategy is particularly important in trial work. Still, trial lawyers spend the majority of their time outside the courtroom, conducting research, interviewing clients and witnesses, and handling other details in preparation for trial.Lawyers types:The legal system affects nearly every aspect of our society, from buying a home to crossing the street. Lawyers hold positions of great responsibility and are obligated to adhere to a strict code of ethics.The more detailed aspects of a lawyer's job depend upon his or her field of specialization and position. Although all lawyers are licensed to represent parties in court, some appear in court more frequently than others.Lawyers may specialize in a number of different areas, such as bankruptcy, probate, international, or elder law. Those specializing in environmental law, for example, may represent public-interest groups, waste disposal companies, or construction firms in their dealings with the U.S. Environmental Protection Agency (EPA) and other Federal and State agencies. These lawyers help clients prepare and file for licenses and applications for approval before certain activities may occur. In addition, they represent clients' interests in administrative adjudications.Some lawyers concentrate in the growing field of intellectual property, helping to protect clients' claims to copyrights, artwork under contract, product designs, and computer programs. Still other lawyers advise insurance companies about the legality of insurance transactions, writing insurance policies to conform with the law and to protect companies from unwarranted claims.Most lawyers are found in private practice, where they concentrate on criminal or civil law. In criminal law, lawyers represent individuals who have been charged with crimes and argue their cases in courts of law. Attorneys dealing with civil law assist clients with litigation, wills, trusts, contracts, mortgages, titles, and leases. Other lawyers handle only public-interest cases—civil or criminal—which may have an impact extending well beyond the individual client.These issues might involve patents, government regulations, and contracts with other companies, property interests, or collective-bargaining agreements with unions.Other lawyers work for legal-aid societies—private, nonprofit organizations established to serve disadvantaged people. These lawyers generally handle civil, rather than criminal, cases. A relatively small number of trained attorneys work in law schools.The real life situations have created "specialties" according to business profitability. This is how terms like Vioxx Lawyer, DUI Lawyer, Lemon Law Lawyer , Structured Settlements Lawyer and others came about.Additional Information:www.Lawyers-Best-Infoweb.comMBA - International Trade & Finance - Heriot-Watt University. Bsc. Computers and Information Systems - Long Island University - C.W Post Campus. Hobby: Photography. Married with two Children.Owner Editor of: http://www.Lawyers-Best-Infoweb.com
Keyword : Lawyer, Lawyers, Attoreny, Attorenys, Accident Lawyer, Dui Lawyer, Wrongfull death lawyer, Lawyer ed
Aviation Accident Lawyers & Lawsuits
Author : Todd Going
Although today's air travel is one of the safest forms of transportation, aviation accidents still happen and can become a living nightmare for those involved. There are many reasons that aviation accidents happen and they can all vary greatly depending on specific circumstances and problems that occur during the flight process.Some of the accidents that occur deal with taxi and takeoff, descent and landing, mechanical failures, pilot error, poor weather and fuel mismanagement. Many people believe that aviation accidents can simply be caused by 'bad luck', however in many of the cases researched; the accidents could have been avoided all together. If the pilot and flight crew can perform their jobs without and mistakes, an aviation accident is much less likely to occur.An aviation lawsuit involves a lengthy process which requires an experienced level of expertise. Litigation in the aviation industry generally involves expert witnesses with specific knowledge in certain aspects of aviation such as air traffic control, engine design and mechanics. These lawsuits are generally directed towards pilots or manufacturers of aircrafts, however sometimes pilot error can be blamed for accidents along with defective or malfunctioning machinery. Since planes are mass produced, if there are malfunctioning parts in one of the planes, there's a chance that all of the models will have this defective part.To learn more about Aviation Law or Hiring an Aviation Lawyer, please visit our website at http://www.resource4aviationlaw.com
Although today's air travel is one of the safest forms of transportation, aviation accidents still happen and can become a living nightmare for those involved. There are many reasons that aviation accidents happen and they can all vary greatly depending on specific circumstances and problems that occur during the flight process.Some of the accidents that occur deal with taxi and takeoff, descent and landing, mechanical failures, pilot error, poor weather and fuel mismanagement. Many people believe that aviation accidents can simply be caused by 'bad luck', however in many of the cases researched; the accidents could have been avoided all together. If the pilot and flight crew can perform their jobs without and mistakes, an aviation accident is much less likely to occur.An aviation lawsuit involves a lengthy process which requires an experienced level of expertise. Litigation in the aviation industry generally involves expert witnesses with specific knowledge in certain aspects of aviation such as air traffic control, engine design and mechanics. These lawsuits are generally directed towards pilots or manufacturers of aircrafts, however sometimes pilot error can be blamed for accidents along with defective or malfunctioning machinery. Since planes are mass produced, if there are malfunctioning parts in one of the planes, there's a chance that all of the models will have this defective part.To learn more about Aviation Law or Hiring an Aviation Lawyer, please visit our website at http://www.resource4aviationlaw.com
This article may be freely reprinted as long as this resource box is included and all links stay intact as hyperlinks.
Keyword : aviation lawyer law lawsuit
Father's Rights
Author : Aaron McCoy
Yeah, right. There is such a thing as "Father's Rights" in the Family Court System, I
just haven't seen it. Father's need to take matters into their own hands when it
comes to gaining custody of their children.Such was the case with Darren Jones. He had a great relationship with his daughter,
a wonderful job and a beautiful wife. Until one day his wife decided she wanted
nothing to do with him, and made that same decision for their daughter.All Mr. Jones had to do was file divorce papers, claim that the father had been a
non-existent part of their daughters life, and demand custody. Without any proof,
the mother was then given an order for custody, and Mr. Jones was relegated to
seeing his beloved daughter every other weekend.Mr. Jones set out on his journey to get back his child, but found that the courts do
not simply hand ANYTHING over to men. In fact, he realized the expensive lawyer he
had hired thought his job description was to stall the whole issue as long as he
could, as did Mrs. Jones' representation.Each court hearing yielded the same results. NOTHING. Every time he walked out of
the courtroom, the feeling of desperation became more and more overwhelming. At
many times in his battle, he thought long and hard about giving up. "What's the
use?" He thought, "Nothing will ever change."Years went bye, and as his daughter aged, his time became less and less with her.
After time, her mothers alienation techniques began to work, and his daughter
ended up seeing him a week or two in the summer, and that was it.Please, understand that this scenario is a very real picture of what happens to most
men. They try very hard to gain equal rights in the court system, but fail almost
every time. It is a very real and urgent situation, that you do NOT want to happen to
you.You do have a chance. There are things that men can do to ensure themselves of a
fair an equitable divorce in the Family Law system. But first you need to find the
right information that can help you understand this system. If you do not take the
time to research what you can do to help your case, no lawyer or legal professional
can ever help you.Look at this ebook by FamilyLawSecrets.com It has shown countless
numbers of fathers what steps to take and what pitfalls to avoid during this trying
time. It reveals the little known strategies and tactics that can level the playing field,
and help you keep a relationship with your children.I guarantee that your wife (or ex-wife) knows what she needs to do to take your
children away from you. Fight back, and never give up on your children.
Keyword : divorce, father's rights, fathers rights, custody, family law, family court, child support
Yeah, right. There is such a thing as "Father's Rights" in the Family Court System, I
just haven't seen it. Father's need to take matters into their own hands when it
comes to gaining custody of their children.Such was the case with Darren Jones. He had a great relationship with his daughter,
a wonderful job and a beautiful wife. Until one day his wife decided she wanted
nothing to do with him, and made that same decision for their daughter.All Mr. Jones had to do was file divorce papers, claim that the father had been a
non-existent part of their daughters life, and demand custody. Without any proof,
the mother was then given an order for custody, and Mr. Jones was relegated to
seeing his beloved daughter every other weekend.Mr. Jones set out on his journey to get back his child, but found that the courts do
not simply hand ANYTHING over to men. In fact, he realized the expensive lawyer he
had hired thought his job description was to stall the whole issue as long as he
could, as did Mrs. Jones' representation.Each court hearing yielded the same results. NOTHING. Every time he walked out of
the courtroom, the feeling of desperation became more and more overwhelming. At
many times in his battle, he thought long and hard about giving up. "What's the
use?" He thought, "Nothing will ever change."Years went bye, and as his daughter aged, his time became less and less with her.
After time, her mothers alienation techniques began to work, and his daughter
ended up seeing him a week or two in the summer, and that was it.Please, understand that this scenario is a very real picture of what happens to most
men. They try very hard to gain equal rights in the court system, but fail almost
every time. It is a very real and urgent situation, that you do NOT want to happen to
you.You do have a chance. There are things that men can do to ensure themselves of a
fair an equitable divorce in the Family Law system. But first you need to find the
right information that can help you understand this system. If you do not take the
time to research what you can do to help your case, no lawyer or legal professional
can ever help you.Look at this ebook by FamilyLawSecrets.com It has shown countless
numbers of fathers what steps to take and what pitfalls to avoid during this trying
time. It reveals the little known strategies and tactics that can level the playing field,
and help you keep a relationship with your children.I guarantee that your wife (or ex-wife) knows what she needs to do to take your
children away from you. Fight back, and never give up on your children.
Keyword : divorce, father's rights, fathers rights, custody, family law, family court, child support
The Basics of Maintaining Your Corporation
Author : Gregory Cartwright
While many of our clients have formed corporations, some are not aware of the basic requirements which must be met in order to properly maintain the corporation. This article is intended to point out some of these requirements and is intended for a general audience, applies to corporations organized in California, and does not constitute legal advice. As with all legal matters, you should check with an attorney concerning your particular situation.Employer Identification NumberEvery corporation filing a state or federal tax or informational return must have an employer identification number (an "EIN") An EIN is your company's "social security number" and it is used by banks and other companies as an identification number. The EIN is usually applied for by the attorney who incorporate the business, the company's accountant or its payroll company.Bank AccountsThe corporation must have its own bank account into which all income must be deposited and expenses paid. The checks should be printed with the full corporate name and any trade name it is using. To open this account you usually only need a copy of the Articles of Incorporation and your EIN. Since the passing of the Patriot Act, there are additional regulations which may require the bank to request additional information or documents. If your bank needs something else, such as a Secretary's Certificate or similar document, your attorney can draft this for you.Piercing The Corporate Veil and Alter Ego LiabilityThe corporate structure will generally protect the assets of the shareholders from the liabilities and debts of the corporation. However, this is so, only where the corporation is treated like a separate entity (distinct from its owners) and observes the corporate formalities required by law. If you fail to do so, a creditor may be able to ignore the corporation and pursue the individual shareholders' assets in order to satisfy the debts and obligations of the corporation. We call this "piercing the corporate veil." When the corporate veil is pierced or disregarded, then the shareholders are saddled with the liability for its debts and obligations. This type of liability is routinely called "alter ego liability." In other words, the law will impose liability against the shareholders because there is no separateness between them and the corporation. Obviously, this would be a bad result for the shareholders.In order to avoid these negative consequences, the corporation should keep in mind the following points.1. Corporate RecordsIt is important that you maintain your corporate records in a professional manner, and in way which complies with the California Corporation's Code. Failure to do so is one of the key factors courts will look to when considering whether or not to pierce the corporate veil.Specifically, the corporation is required to hold annual meetings of the shareholders and annual meetings of the Board of Directors. These can be actual meetings with the required quorum, or they can be held "on paper." What this means is that a document called a "Unanimous Written Consent in Lieu of Meeting" is drafted and executed by all persons who are required to be at that meeting.Additionally, any extraordinary transactions must similarly be documented, and would be done so at a "Special Meeting" of the shareholders or directors (depending upon the specific facts of each transaction).Once these meetings are held the minutes or written consents should be placed into the appropriate place in your corporate book, and maintained there for the life of the corporation.2. Adequate CapitalizationThe shareholders must invest in the company an adequate amount of capital for the nature of the company's business. They cannot simply lend the company the money. In the case where the company is not adequately capitalized, a court may permit a creditor to look through the company and hold the owners liable for the company's obligation. Courts have held that inadequately capitalized companies can be considered to be shams.3. Maintaining Corporate IdentityIn addition to the issues discussed above, there are a number of steps which you should take to preserve the corporation's identity separate from its owners. These include: not using the corporation's assets as if they were the assets of the shareholders; executing documents as an officer of the corporation (eg, "President" or Secretary"); placing the corporation's income into the corporation's account; not commingling the personal assets of the shareholders with the corporation's assets; and using the full name of the company, including the designation "Inc."The Annual ObligationsClients often ask what needs to be done annually to maintain their corporation. In addition to the annual meeting of shareholders and annual meeting of directors discussed above, a corporation is required to file tax returns with both the State and Federal governments. Also, the Secretary of State will send to you a "Statement of Information" form which needs to be completed and mailed in. The first such statement is usually filed by the incorporating attorney as part of the incorporation process.Please bear in mind that the foregoing is not an exhaustive list of everything you need to know about a corporation's duties. It is intended to answer the questions my clients have most often posed to me. However, by following these guidelines, you will be well on your way to ensuring that the corporation both complies with the law and will withstand an attack by creditors seeking to pierce the corporate veil.Mr. Cartwright practices primarily in the areas of civil litigation, business planning, and identity theft representation. Mr. Cartwright graduated from Tulane University School of Law. While a student at Tulane, he was employed by US Customs. A native Southern Californian, he has practiced in San Diego since graduating from law school. For more information please contact him at:
glc@cartwrightlawgroup.comhttp://www.cartwrightlawgroup.com
Keyword : Corporations, Alter Ego, Corporate Veil, Corporate Maintainence
While many of our clients have formed corporations, some are not aware of the basic requirements which must be met in order to properly maintain the corporation. This article is intended to point out some of these requirements and is intended for a general audience, applies to corporations organized in California, and does not constitute legal advice. As with all legal matters, you should check with an attorney concerning your particular situation.Employer Identification NumberEvery corporation filing a state or federal tax or informational return must have an employer identification number (an "EIN") An EIN is your company's "social security number" and it is used by banks and other companies as an identification number. The EIN is usually applied for by the attorney who incorporate the business, the company's accountant or its payroll company.Bank AccountsThe corporation must have its own bank account into which all income must be deposited and expenses paid. The checks should be printed with the full corporate name and any trade name it is using. To open this account you usually only need a copy of the Articles of Incorporation and your EIN. Since the passing of the Patriot Act, there are additional regulations which may require the bank to request additional information or documents. If your bank needs something else, such as a Secretary's Certificate or similar document, your attorney can draft this for you.Piercing The Corporate Veil and Alter Ego LiabilityThe corporate structure will generally protect the assets of the shareholders from the liabilities and debts of the corporation. However, this is so, only where the corporation is treated like a separate entity (distinct from its owners) and observes the corporate formalities required by law. If you fail to do so, a creditor may be able to ignore the corporation and pursue the individual shareholders' assets in order to satisfy the debts and obligations of the corporation. We call this "piercing the corporate veil." When the corporate veil is pierced or disregarded, then the shareholders are saddled with the liability for its debts and obligations. This type of liability is routinely called "alter ego liability." In other words, the law will impose liability against the shareholders because there is no separateness between them and the corporation. Obviously, this would be a bad result for the shareholders.In order to avoid these negative consequences, the corporation should keep in mind the following points.1. Corporate RecordsIt is important that you maintain your corporate records in a professional manner, and in way which complies with the California Corporation's Code. Failure to do so is one of the key factors courts will look to when considering whether or not to pierce the corporate veil.Specifically, the corporation is required to hold annual meetings of the shareholders and annual meetings of the Board of Directors. These can be actual meetings with the required quorum, or they can be held "on paper." What this means is that a document called a "Unanimous Written Consent in Lieu of Meeting" is drafted and executed by all persons who are required to be at that meeting.Additionally, any extraordinary transactions must similarly be documented, and would be done so at a "Special Meeting" of the shareholders or directors (depending upon the specific facts of each transaction).Once these meetings are held the minutes or written consents should be placed into the appropriate place in your corporate book, and maintained there for the life of the corporation.2. Adequate CapitalizationThe shareholders must invest in the company an adequate amount of capital for the nature of the company's business. They cannot simply lend the company the money. In the case where the company is not adequately capitalized, a court may permit a creditor to look through the company and hold the owners liable for the company's obligation. Courts have held that inadequately capitalized companies can be considered to be shams.3. Maintaining Corporate IdentityIn addition to the issues discussed above, there are a number of steps which you should take to preserve the corporation's identity separate from its owners. These include: not using the corporation's assets as if they were the assets of the shareholders; executing documents as an officer of the corporation (eg, "President" or Secretary"); placing the corporation's income into the corporation's account; not commingling the personal assets of the shareholders with the corporation's assets; and using the full name of the company, including the designation "Inc."The Annual ObligationsClients often ask what needs to be done annually to maintain their corporation. In addition to the annual meeting of shareholders and annual meeting of directors discussed above, a corporation is required to file tax returns with both the State and Federal governments. Also, the Secretary of State will send to you a "Statement of Information" form which needs to be completed and mailed in. The first such statement is usually filed by the incorporating attorney as part of the incorporation process.Please bear in mind that the foregoing is not an exhaustive list of everything you need to know about a corporation's duties. It is intended to answer the questions my clients have most often posed to me. However, by following these guidelines, you will be well on your way to ensuring that the corporation both complies with the law and will withstand an attack by creditors seeking to pierce the corporate veil.Mr. Cartwright practices primarily in the areas of civil litigation, business planning, and identity theft representation. Mr. Cartwright graduated from Tulane University School of Law. While a student at Tulane, he was employed by US Customs. A native Southern Californian, he has practiced in San Diego since graduating from law school. For more information please contact him at:
glc@cartwrightlawgroup.comhttp://www.cartwrightlawgroup.com
Keyword : Corporations, Alter Ego, Corporate Veil, Corporate Maintainence
Could you be sued by Santa this Christmas?
Author : Alexandra Gubbins
Santa is likely to say many things if he gets stuck in your chimney this year, but "Ho Ho Ho" probably won't be one of them. And you won't be inclined to chuckle either if he subsequently makes a personal injury claim against you.And have you checked the state of your roof recently? Don't forget that a rather, shall we say, roundly proportioned gentlemen with 12 hulking reindeers is planning on landing on it. A few loose tiles and a resounding tumble could have you explaining yourself to a judge.In fact, once you start thinking about it, it's amazing that anyone of us is ever prepared to let the wretched man in – the many and varied ways in which he could come to harm in your home should be enough to have you boarding up the fireplace and leaving a "Santa – don't stop here" sign on your lawn.And just imagine the headlines and the national shame if beloved Father Christmas leaves your home limping (or worse, on a stretcher), unable to continue his round to all the hopeful little children in the world. The tears and sobs over empty stockings will be all your fault.You may think you're being kind by leaving him a mince pie and sherry by the fire – but what if you're quite low down on his list and he doesn't reach your home much before dawn? How long will those festive "treats" have been sitting there? Long enough for botulism and salmonella to start a colony, quite possibly.He may well be magical, awesome and wonderful. But, is it likely that he's also immune to every-day problems like back ache? If you didn't edit your children's letter to make sure that the extremely heavy computer, rally bike or 12ft Dr Who Dalek were crossed off – then shame on you. Future depictions of this very noble man will also have to include a walking stick or zimmer frame thanks to you.While we don't wish to alarm you unduly, have you spared a thought for all those little elves who have worked so hard to make your Christmas as enchanting for your children as you hope it will be? Or did you think that EU directives on working hours and conditions did not apply to them? Well, they do.It's a very good thing that Santa and his little helpers have the sympathetic and wise services of The Claim Solicitors (leading online personal injury solicitor: www.the-claim-solicitors.co.uk) to call on if necessary. "People can be very insensitive to the needs of Santa, the reindeers and his elves," says Jeremy Newson, "and the potential for any of them coming to harm are enormous. In fact, a few years ago he contacted us to enquire about his civil litigation rights after Rudolph (his favourite reindeer) got his nose caught between some ragged chimney bricks causing lasting and permanent damage – the sore-looking redness can still be seen today.""In fact, it is a testament to the good-nature of the man that he decided not to pursue the compensation claim, and made up a fictitious account of how Rudolph came by his red and shiny nose.""So we would ask all householders to pause briefly in their festive celebrations to spend a moment or two in quiet reflection on their duty of care to Santa and his crew. After all, if you've been a good boy or girl this year, then he will have spent time thinking about you!"Editorial notes: The Claim Solicitors are personal injury solicitors who specialise in bringing compensation claim cases on a no win no fee basis. For further details call 0800 197 3232 or visit http://www.the-claim-solicitors.co.ukAuthor: Donna McCann. For more information call 0800 197 3232 or visit http://www.the-claim-solicitors.co.uk
Keyword : personal injury claim
Santa is likely to say many things if he gets stuck in your chimney this year, but "Ho Ho Ho" probably won't be one of them. And you won't be inclined to chuckle either if he subsequently makes a personal injury claim against you.And have you checked the state of your roof recently? Don't forget that a rather, shall we say, roundly proportioned gentlemen with 12 hulking reindeers is planning on landing on it. A few loose tiles and a resounding tumble could have you explaining yourself to a judge.In fact, once you start thinking about it, it's amazing that anyone of us is ever prepared to let the wretched man in – the many and varied ways in which he could come to harm in your home should be enough to have you boarding up the fireplace and leaving a "Santa – don't stop here" sign on your lawn.And just imagine the headlines and the national shame if beloved Father Christmas leaves your home limping (or worse, on a stretcher), unable to continue his round to all the hopeful little children in the world. The tears and sobs over empty stockings will be all your fault.You may think you're being kind by leaving him a mince pie and sherry by the fire – but what if you're quite low down on his list and he doesn't reach your home much before dawn? How long will those festive "treats" have been sitting there? Long enough for botulism and salmonella to start a colony, quite possibly.He may well be magical, awesome and wonderful. But, is it likely that he's also immune to every-day problems like back ache? If you didn't edit your children's letter to make sure that the extremely heavy computer, rally bike or 12ft Dr Who Dalek were crossed off – then shame on you. Future depictions of this very noble man will also have to include a walking stick or zimmer frame thanks to you.While we don't wish to alarm you unduly, have you spared a thought for all those little elves who have worked so hard to make your Christmas as enchanting for your children as you hope it will be? Or did you think that EU directives on working hours and conditions did not apply to them? Well, they do.It's a very good thing that Santa and his little helpers have the sympathetic and wise services of The Claim Solicitors (leading online personal injury solicitor: www.the-claim-solicitors.co.uk) to call on if necessary. "People can be very insensitive to the needs of Santa, the reindeers and his elves," says Jeremy Newson, "and the potential for any of them coming to harm are enormous. In fact, a few years ago he contacted us to enquire about his civil litigation rights after Rudolph (his favourite reindeer) got his nose caught between some ragged chimney bricks causing lasting and permanent damage – the sore-looking redness can still be seen today.""In fact, it is a testament to the good-nature of the man that he decided not to pursue the compensation claim, and made up a fictitious account of how Rudolph came by his red and shiny nose.""So we would ask all householders to pause briefly in their festive celebrations to spend a moment or two in quiet reflection on their duty of care to Santa and his crew. After all, if you've been a good boy or girl this year, then he will have spent time thinking about you!"Editorial notes: The Claim Solicitors are personal injury solicitors who specialise in bringing compensation claim cases on a no win no fee basis. For further details call 0800 197 3232 or visit http://www.the-claim-solicitors.co.ukAuthor: Donna McCann. For more information call 0800 197 3232 or visit http://www.the-claim-solicitors.co.uk
Keyword : personal injury claim
Florida DUI Defense
Author : Josh Riverside
DUI (driving under the influence) is a serious offence in Florida and may be considered as a misdemeanor or traffic crime or even felony in some cases. Getting arrested under DUI may mean a permanent criminal record, fine, community service, loss of license, vehicle immobilization, higher insurance rates and may be even imprisonment. As per the Florida law, every person operating a motor vehicle gives an "implied consent" to take a chemical breath test when suspected of drunk driving by an official. There could be blood tests and urine tests also for determining the levels of alcohol in blood and urine. Refusal to take these tests would result in confiscation of the driving license for a year.There would be several formalities involved when arrested under DUI. The best option under these circumstances is to consult a good DUI attorney who would be able to provide good defense and prevent or lessen the punishment. DUI attorneys are generally familiar in breath tests, blood analysis, urine analysis and drug recognition evaluation, and would be thus able to look for any loopholes in the test results. They can also defend by analyzing the environment and road conditions at the time and location of the arrests and any other factors that may have affected the sobriety tests at that time. Defense can also be built by analyzing the DUI deposition testimonies of the cops as well as state expert witnesses. Attorneys can effectively review the case for any loopholes, conduct independent analysis of the blood samples, check the calibration and maintenance records of the breath-analyzing machine, suppress evidence and obtain good witnesses to provide the best defense.There are good chances for building a solid defense for DUI cases as it was found that breathalyzer machines can give false readings. Nausea and disorientation, which are considered as impairment of normal faculties, can also be impaired by police car lights. Balance can be impaired by the pitch of the road or by injuries to the hips, knees, joints or back. There are some medications that cause side effects resembling intoxication. Conducting sobriety tests in unfavorable conditions would also give false results. Exhaustion or fear can be mistaken for drunkenness. A recent blow to the head may also seem like intoxication. Conditions like diabetes, hypoglycemia may also result in impairment. All these factors are carefully analyzed by the attorney to build a strong defense against DUI conviction.Florida DUI Attorneys provides detailed information about Florida DUI attorneys, Florida alcohol treatments, Florida DUI and fines, and more. Florida DUI Attorneys is affiliated with Los Angeles County DUI Lawyers.
Keyword : Florida DUI attorneys, Florida alcohol treatments, Florida DUI and fines
DUI (driving under the influence) is a serious offence in Florida and may be considered as a misdemeanor or traffic crime or even felony in some cases. Getting arrested under DUI may mean a permanent criminal record, fine, community service, loss of license, vehicle immobilization, higher insurance rates and may be even imprisonment. As per the Florida law, every person operating a motor vehicle gives an "implied consent" to take a chemical breath test when suspected of drunk driving by an official. There could be blood tests and urine tests also for determining the levels of alcohol in blood and urine. Refusal to take these tests would result in confiscation of the driving license for a year.There would be several formalities involved when arrested under DUI. The best option under these circumstances is to consult a good DUI attorney who would be able to provide good defense and prevent or lessen the punishment. DUI attorneys are generally familiar in breath tests, blood analysis, urine analysis and drug recognition evaluation, and would be thus able to look for any loopholes in the test results. They can also defend by analyzing the environment and road conditions at the time and location of the arrests and any other factors that may have affected the sobriety tests at that time. Defense can also be built by analyzing the DUI deposition testimonies of the cops as well as state expert witnesses. Attorneys can effectively review the case for any loopholes, conduct independent analysis of the blood samples, check the calibration and maintenance records of the breath-analyzing machine, suppress evidence and obtain good witnesses to provide the best defense.There are good chances for building a solid defense for DUI cases as it was found that breathalyzer machines can give false readings. Nausea and disorientation, which are considered as impairment of normal faculties, can also be impaired by police car lights. Balance can be impaired by the pitch of the road or by injuries to the hips, knees, joints or back. There are some medications that cause side effects resembling intoxication. Conducting sobriety tests in unfavorable conditions would also give false results. Exhaustion or fear can be mistaken for drunkenness. A recent blow to the head may also seem like intoxication. Conditions like diabetes, hypoglycemia may also result in impairment. All these factors are carefully analyzed by the attorney to build a strong defense against DUI conviction.Florida DUI Attorneys provides detailed information about Florida DUI attorneys, Florida alcohol treatments, Florida DUI and fines, and more. Florida DUI Attorneys is affiliated with Los Angeles County DUI Lawyers.
Keyword : Florida DUI attorneys, Florida alcohol treatments, Florida DUI and fines
Anoxic Brain Injury
Author : Elizabeth Morgan
Anoxic Brain Injury occurs in cases of severe lack of oxygen to the brain. This usually happens when blood is unable to flow to the brain due to certain injuries or bleeding. There are three types of such injury: anemic anoxia (blood doesn't carry enough oxygen), toxic anoxia (caused by toxins that block oxygen in the blood from being used) and anoxic anoxia (no oxygen is being supplied to the brain).There are post resuscitation and prehospital factors that can determine the injury suffered, especially in newborn children that enter a coma. Unfortunately, such brain injuries happen to newly born babies because of several complications that can appear leading to a lack of oxygen to the child's brain. The outcome becomes less promising the longer the baby is in the coma.The brain needs oxygen and glucose to function properly. Lack of oxygen to the brain damages cortex situated nerves where cells originate. In cardio-pulmonary arrest, loss of consciousness occurs in 10-15 seconds and irreversible brain damage happens in 5 minutes. For example, the common sleeper hold seen at wrestling shows is very dangerous, and many kids have suffered irreversible damage trying to imitate it.There are several treatments a patient can undergo, but brain injury is rarely cured 100%. Programs of hyperbaric oxygen therapy have been used to positive effect in the past and it does help. The best rehabilitation is provided by specialized centers where patients suffering from anoxic brain injury are taken care of 24 hours a day.Brain Injury Lawyers provides detailed information about brain injury lawyers, anoxic brain injury, brain injury associations, and more. Brain Injury Lawyers is affiliated with Personal Injury Lawyers Chicago.
Keyword : brain injury lawyers, anoxic brain injury, brain injury associations
Anoxic Brain Injury occurs in cases of severe lack of oxygen to the brain. This usually happens when blood is unable to flow to the brain due to certain injuries or bleeding. There are three types of such injury: anemic anoxia (blood doesn't carry enough oxygen), toxic anoxia (caused by toxins that block oxygen in the blood from being used) and anoxic anoxia (no oxygen is being supplied to the brain).There are post resuscitation and prehospital factors that can determine the injury suffered, especially in newborn children that enter a coma. Unfortunately, such brain injuries happen to newly born babies because of several complications that can appear leading to a lack of oxygen to the child's brain. The outcome becomes less promising the longer the baby is in the coma.The brain needs oxygen and glucose to function properly. Lack of oxygen to the brain damages cortex situated nerves where cells originate. In cardio-pulmonary arrest, loss of consciousness occurs in 10-15 seconds and irreversible brain damage happens in 5 minutes. For example, the common sleeper hold seen at wrestling shows is very dangerous, and many kids have suffered irreversible damage trying to imitate it.There are several treatments a patient can undergo, but brain injury is rarely cured 100%. Programs of hyperbaric oxygen therapy have been used to positive effect in the past and it does help. The best rehabilitation is provided by specialized centers where patients suffering from anoxic brain injury are taken care of 24 hours a day.Brain Injury Lawyers provides detailed information about brain injury lawyers, anoxic brain injury, brain injury associations, and more. Brain Injury Lawyers is affiliated with Personal Injury Lawyers Chicago.
Keyword : brain injury lawyers, anoxic brain injury, brain injury associations
San Diego Bankruptcy Lawyers - Chapter 13 Bankruptcy Information
Author : Todd Going
Chapter 13 bankruptcy allows individuals to restructure their debt, finances and assets in a fashionable manner in order to compensate their creditors, and pay off their debts. The individual will propose to pay the creditors over a period of time (usually 3-5 years). During this period of time the creditors can't collect on any previously incurred debt without the permission of the bankruptcy court. The individual is then able to keep their property and the creditors will end up with less money than they are owed.Chapter 13 has a few advantages over Chapter 7. One of the most immediate advantages is the ability to stop foreclosure. In addition you can sometimes prevent collection against co-signers during the life of the case.One of the major disadvantages of Chapter 13 bankruptcy is that the record stays on the individual's credit report for ten years. In order to achieve a new line of credit the individual must first get permission from the Chapter 13 Trustee. It also presents the problem where creditors might not want to loan money to an individual of this nature.Legal consultation is often necessary in order to effectively oversee your Chapter 13 bankruptcy case. Professional bankruptcy attorneys can provide you with the experience and dedication required to take complete advantage of the situation and make sure you are not over-paying your creditors.To learn more about San Diego bankruptcy lawyers and hiring a bankruptcy attorney please visit our website at http://www.thebklawyers.com
Chapter 13 bankruptcy allows individuals to restructure their debt, finances and assets in a fashionable manner in order to compensate their creditors, and pay off their debts. The individual will propose to pay the creditors over a period of time (usually 3-5 years). During this period of time the creditors can't collect on any previously incurred debt without the permission of the bankruptcy court. The individual is then able to keep their property and the creditors will end up with less money than they are owed.Chapter 13 has a few advantages over Chapter 7. One of the most immediate advantages is the ability to stop foreclosure. In addition you can sometimes prevent collection against co-signers during the life of the case.One of the major disadvantages of Chapter 13 bankruptcy is that the record stays on the individual's credit report for ten years. In order to achieve a new line of credit the individual must first get permission from the Chapter 13 Trustee. It also presents the problem where creditors might not want to loan money to an individual of this nature.Legal consultation is often necessary in order to effectively oversee your Chapter 13 bankruptcy case. Professional bankruptcy attorneys can provide you with the experience and dedication required to take complete advantage of the situation and make sure you are not over-paying your creditors.To learn more about San Diego bankruptcy lawyers and hiring a bankruptcy attorney please visit our website at http://www.thebklawyers.com
This article may be freely reprinted as long as this resource box is included and all links stay intact as hyperlinks.
Keyword : san diego chapter 13 bankruptcy lawyer attorney
A Jurist's Defining Moment
Author : Norton Nowlin
Some, supposedly, legal matters defy the efforts of conscience prone jurists to place them under the knife of juridical dissection. Take, for instance, the sexual practices of consenting adults in the privacy of a bedroom. Just thirty years ago, the sodomy laws of ten of the thirteen original states made anal intercourse between homosexuals and between heterosexual men and women a crime. Then along came state Supreme Court decisions declaring such laws unconstitutional with the admonition that individual privacy is sacrosanct under the U.S. and state Constitutions. The "moral" laws, as they were commonly called, had been strictly enforced under 17th Century colonial jurisdictions when there was not a constitutional separation of church and state. The early Massachusetts Bay Colony was governed under puritanical law for nearly a hundred years in accordance with what the ruling Puritans considered as divine decrees set forth in the Bible. From 1640 until around 1750, a strict biblical code of morality was systematically enforced in the North American coastal region that was called New England, which was carried over into common law and eventually codified into state penal codes. Even after the ratification of the U.S. Constitution, these "moral laws" were retained by Massachusetts, Maine, New Hampshire, Vermont, and Rhode Island, the violation of which was criminal in nature. But, despite their statutory presence, the enforceability of such laws after 1789, limiting the expression of affection between mature consenting individuals, remained essentially negligible. The impractical effect of laws passed by the federal and state legislatures with the intent of proscribing intimately personal relationships and processes, such as inter-racial marriage and abortion, is summed up in the sage expression, you can not legislate morality. In order to insure that such laws are never declared constitutional and enforced upon the people of the American republic, the federal judiciary was established. And the highest court in the land is the U.S. Supreme Court, where constitutionality is ultimately and finally determined.Perhaps conservative federal judges, selected to serve on the U.S. Supreme Court, go through a refiner's fire, of sorts, causing the individual jurist to realize the true meaning of Henry David Thoreau's motto, "That government is best that governs least." To have in one's hand the voting power to limit the personal freedom of an entire nation of people is quite an awesome responsibility. Such power causes the sincerely unbiased justice to think twice, if not thrice, about reversing previous decisions of the Supreme Court, to render them unconstitutional in favor of laws restricting civil rights. Roe v. Wade is such a decision which, if reversed, will affect the lives of millions of pregnant women throughout the country. I must believe that a majority of the "Brethren," who comprised the Supreme Court in 1973, voted their conscience in stating that the federal government has no authority to legally dictate what a woman can and cannot do with her own body. There might have also existed in their minds an additional consideration about the inappropriateness of attempts to legislate morality. Perhaps reflection on the poignant history of religion meddling in civil and criminal law, and the human death and destruction caused thereby, prods the prudent legal scholar to advocate and retain laws which are not predicated upon religious values and traditions.The presumed predictability of jurists, judges, and legal scholars to follow particular conservative and liberal patterns of legal determination has historically come back to ironically bite expectant American presidents in their hind parts. Of all the people to be labeled as either conservative or liberal constructionists, seasoned jurists sincerely dedicated to a case-by-case analysis of federal issues are not among them. President Theodore Roosevelt presumed that Supreme Court Justice Oliver Wendell Holmes, Jr. could be relied on politically to endorse and advance his trust-busting agenda. In fact, according to Texas A&M historian H.W. Brands, Roosevelt's intention for appointing Holmes, in 1902, to the high court was for Holmes to vote in accordance with presidential policy. Two years later, however, Holmes proved to be an independently minded jurist when he dissented along with the Supreme Court minority against the position of the government in the case of Northern Securities Co. v. U.S., 193 U.S. 400 (1904). This put a rift between Roosevelt and Holmes which became substantially wider when Holmes, ten years later, commented on his dissent in the Northern Securities case and repeated authoritatively a statement by a contemporary that, "what the boys like about Roosevelt is that he doesn't give a damn about the law."Perhaps this is what the boys on the Hill are saying about George W. Bush and his inner-circle of cronies. Perhaps Bush's appointment of John G. Roberts to the U.S. Supreme Court is a statement of his presumption that Roberts will vote predictably in accordance with the President's political expectations. Roberts has made quite a record for himself during his time working for the Executive Branch. He has it very plain concerning his unwavering stand on abortion rights. His ultra-conservative point of view has been established through the continual support he has given to militant abortion protesters in federal cases. As a Deputy Solicitor General, Roberts advocated the rights of abortion protesters to block access of women to reproductive health care clinics, a legal right guaranteed by the U.S. Constitution. In the case of Bray v. Alexandria Women's Health Clinic, 506 U.S. 263 (1993) (No 90-985), Roberts argued as amicus curiae (friends of the court) for the United States supporting Operation Rescue and six other individuals who routinely and forcibly blocked access of patients to reproductive health care clinics. In his intervening argument, Roberts asserted that the deliberate and forceful acts of the protesters did not amount to discrimination against women, even though only women could exercise the right to seek an abortion.It would be interesting, if possible, to place Judge Roberts back in time to a circumstance where Afro-Americans were barred forcibly by a group of white people from patronizing a public theatre and a Supreme Court review of the constitutionality of the act ensued. Would he have then submitted to the Supreme Court what he asserted in the Bray case, that the deliberate and forceful acts of the protesters did not amount to discrimination against black people? I can see bias written all over Roberts as he presents himself to the Senate for confirmation. If the Senate cannot examine his Justice Department and judicial records and positively conclude that he made up his mind decades ago about the constitutionality of abortion, school prayer, and the general application of 5th and 14th Amendments to civil rights issues, while he was a sassy government attorney for the conservative consensus, there is something awry in the confirmation process.The human rights of women regarding the disposition of their bodies are much too important an issue to be relegated to the capricious whims of a Republican-controlled Congress. Laws which attempt to classify a fetus inside of a woman as an entity protected by the U.S. Constitution are sorely lacking precedent, for the Constitution mentions only two categories of individuals protected by the 5th and 14th Amendments. These are those who have either been born or naturalized, and the unborn are not mentioned at all.Natural and induced abortions have occurred since the advent of man. The induced procedure was performed frequently in the days of the venerable Thomas Jefferson, who obviously didn't consider it an important enough issue to discuss publicly or in his personal writings. In fact, abortion didn't become a controversial subject of social and religious debate until the middle of the 20th Century. At that time, a religious revivalism was occurring throughout the United States allowing political candidates to use the popularity of moral issues, predicated on religious principle, to attract rank-and-file voters. If the popular 1950's radio evangelist preached that abortion was tantamount to murder and should be outlawed, and had influence over the minds of millions of American citizens, the pragmatic politician jumped at the opportunity to endorse the evangelist and the doctrines he taught in order to garner votes. Money has always been the mother's milk of politics, and, by riding the popular social, moral, and religious issues, the shrewd politician can effectively use that money to buy his way into state and federal office. But just because a social issue, such as abortion, is given religious credence by evangelists and career politicians, the issue doesn't, in any way, become a theological matter. This is what a discerning Supreme Court justice will have to seriously consider before casting a vote to reverse or affirm Roe v Wade. A sitting President cannot expect a prudent and unbiased justice to vote according to the political and religious winds blowing in favor of, or against, a particular standing Supreme Court precedent. Perhaps that is why he has nominated Mr. Roberts to be a rubber stamp for the neo-conservative agenda.Norton R. Nowlin holds M.A. and B.A. degrees from the University of Texas at Tyler plus one year of law school at Thomas Jefferson School of Law, in San Diego, California. In addition to the foregoing, Mr. Nowlin's educational prowess extends 70 semester hours beyond a master's degree in sociology, history, and law. Mr. Nowlin is presently a free-lance paralegal. He is also a published essayist, free-lance writer, and poet. He is married, the father of three grown children, and resides with his wife, Diane, in Mountlake Terrace, Washington.
Keyword : Jurist, Defining Moment,, Refiner's Fire,
Some, supposedly, legal matters defy the efforts of conscience prone jurists to place them under the knife of juridical dissection. Take, for instance, the sexual practices of consenting adults in the privacy of a bedroom. Just thirty years ago, the sodomy laws of ten of the thirteen original states made anal intercourse between homosexuals and between heterosexual men and women a crime. Then along came state Supreme Court decisions declaring such laws unconstitutional with the admonition that individual privacy is sacrosanct under the U.S. and state Constitutions. The "moral" laws, as they were commonly called, had been strictly enforced under 17th Century colonial jurisdictions when there was not a constitutional separation of church and state. The early Massachusetts Bay Colony was governed under puritanical law for nearly a hundred years in accordance with what the ruling Puritans considered as divine decrees set forth in the Bible. From 1640 until around 1750, a strict biblical code of morality was systematically enforced in the North American coastal region that was called New England, which was carried over into common law and eventually codified into state penal codes. Even after the ratification of the U.S. Constitution, these "moral laws" were retained by Massachusetts, Maine, New Hampshire, Vermont, and Rhode Island, the violation of which was criminal in nature. But, despite their statutory presence, the enforceability of such laws after 1789, limiting the expression of affection between mature consenting individuals, remained essentially negligible. The impractical effect of laws passed by the federal and state legislatures with the intent of proscribing intimately personal relationships and processes, such as inter-racial marriage and abortion, is summed up in the sage expression, you can not legislate morality. In order to insure that such laws are never declared constitutional and enforced upon the people of the American republic, the federal judiciary was established. And the highest court in the land is the U.S. Supreme Court, where constitutionality is ultimately and finally determined.Perhaps conservative federal judges, selected to serve on the U.S. Supreme Court, go through a refiner's fire, of sorts, causing the individual jurist to realize the true meaning of Henry David Thoreau's motto, "That government is best that governs least." To have in one's hand the voting power to limit the personal freedom of an entire nation of people is quite an awesome responsibility. Such power causes the sincerely unbiased justice to think twice, if not thrice, about reversing previous decisions of the Supreme Court, to render them unconstitutional in favor of laws restricting civil rights. Roe v. Wade is such a decision which, if reversed, will affect the lives of millions of pregnant women throughout the country. I must believe that a majority of the "Brethren," who comprised the Supreme Court in 1973, voted their conscience in stating that the federal government has no authority to legally dictate what a woman can and cannot do with her own body. There might have also existed in their minds an additional consideration about the inappropriateness of attempts to legislate morality. Perhaps reflection on the poignant history of religion meddling in civil and criminal law, and the human death and destruction caused thereby, prods the prudent legal scholar to advocate and retain laws which are not predicated upon religious values and traditions.The presumed predictability of jurists, judges, and legal scholars to follow particular conservative and liberal patterns of legal determination has historically come back to ironically bite expectant American presidents in their hind parts. Of all the people to be labeled as either conservative or liberal constructionists, seasoned jurists sincerely dedicated to a case-by-case analysis of federal issues are not among them. President Theodore Roosevelt presumed that Supreme Court Justice Oliver Wendell Holmes, Jr. could be relied on politically to endorse and advance his trust-busting agenda. In fact, according to Texas A&M historian H.W. Brands, Roosevelt's intention for appointing Holmes, in 1902, to the high court was for Holmes to vote in accordance with presidential policy. Two years later, however, Holmes proved to be an independently minded jurist when he dissented along with the Supreme Court minority against the position of the government in the case of Northern Securities Co. v. U.S., 193 U.S. 400 (1904). This put a rift between Roosevelt and Holmes which became substantially wider when Holmes, ten years later, commented on his dissent in the Northern Securities case and repeated authoritatively a statement by a contemporary that, "what the boys like about Roosevelt is that he doesn't give a damn about the law."Perhaps this is what the boys on the Hill are saying about George W. Bush and his inner-circle of cronies. Perhaps Bush's appointment of John G. Roberts to the U.S. Supreme Court is a statement of his presumption that Roberts will vote predictably in accordance with the President's political expectations. Roberts has made quite a record for himself during his time working for the Executive Branch. He has it very plain concerning his unwavering stand on abortion rights. His ultra-conservative point of view has been established through the continual support he has given to militant abortion protesters in federal cases. As a Deputy Solicitor General, Roberts advocated the rights of abortion protesters to block access of women to reproductive health care clinics, a legal right guaranteed by the U.S. Constitution. In the case of Bray v. Alexandria Women's Health Clinic, 506 U.S. 263 (1993) (No 90-985), Roberts argued as amicus curiae (friends of the court) for the United States supporting Operation Rescue and six other individuals who routinely and forcibly blocked access of patients to reproductive health care clinics. In his intervening argument, Roberts asserted that the deliberate and forceful acts of the protesters did not amount to discrimination against women, even though only women could exercise the right to seek an abortion.It would be interesting, if possible, to place Judge Roberts back in time to a circumstance where Afro-Americans were barred forcibly by a group of white people from patronizing a public theatre and a Supreme Court review of the constitutionality of the act ensued. Would he have then submitted to the Supreme Court what he asserted in the Bray case, that the deliberate and forceful acts of the protesters did not amount to discrimination against black people? I can see bias written all over Roberts as he presents himself to the Senate for confirmation. If the Senate cannot examine his Justice Department and judicial records and positively conclude that he made up his mind decades ago about the constitutionality of abortion, school prayer, and the general application of 5th and 14th Amendments to civil rights issues, while he was a sassy government attorney for the conservative consensus, there is something awry in the confirmation process.The human rights of women regarding the disposition of their bodies are much too important an issue to be relegated to the capricious whims of a Republican-controlled Congress. Laws which attempt to classify a fetus inside of a woman as an entity protected by the U.S. Constitution are sorely lacking precedent, for the Constitution mentions only two categories of individuals protected by the 5th and 14th Amendments. These are those who have either been born or naturalized, and the unborn are not mentioned at all.Natural and induced abortions have occurred since the advent of man. The induced procedure was performed frequently in the days of the venerable Thomas Jefferson, who obviously didn't consider it an important enough issue to discuss publicly or in his personal writings. In fact, abortion didn't become a controversial subject of social and religious debate until the middle of the 20th Century. At that time, a religious revivalism was occurring throughout the United States allowing political candidates to use the popularity of moral issues, predicated on religious principle, to attract rank-and-file voters. If the popular 1950's radio evangelist preached that abortion was tantamount to murder and should be outlawed, and had influence over the minds of millions of American citizens, the pragmatic politician jumped at the opportunity to endorse the evangelist and the doctrines he taught in order to garner votes. Money has always been the mother's milk of politics, and, by riding the popular social, moral, and religious issues, the shrewd politician can effectively use that money to buy his way into state and federal office. But just because a social issue, such as abortion, is given religious credence by evangelists and career politicians, the issue doesn't, in any way, become a theological matter. This is what a discerning Supreme Court justice will have to seriously consider before casting a vote to reverse or affirm Roe v Wade. A sitting President cannot expect a prudent and unbiased justice to vote according to the political and religious winds blowing in favor of, or against, a particular standing Supreme Court precedent. Perhaps that is why he has nominated Mr. Roberts to be a rubber stamp for the neo-conservative agenda.Norton R. Nowlin holds M.A. and B.A. degrees from the University of Texas at Tyler plus one year of law school at Thomas Jefferson School of Law, in San Diego, California. In addition to the foregoing, Mr. Nowlin's educational prowess extends 70 semester hours beyond a master's degree in sociology, history, and law. Mr. Nowlin is presently a free-lance paralegal. He is also a published essayist, free-lance writer, and poet. He is married, the father of three grown children, and resides with his wife, Diane, in Mountlake Terrace, Washington.
Keyword : Jurist, Defining Moment,, Refiner's Fire,
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