Skip to content

Posts from the ‘Uncategorized’ Category

18
Feb

Business laws basics

A professional degree in Juris Doctor relates to a higher grade of studies in law. With business houses expanding in size and the legal issues gaining higher importance for day to day working of large corporates, demand for Juris Doctor professionals has been increasing. As the business interacts more with the society and their other counterparts need to resolve legal matters emerge simultaneously. All this has given an impetus to students aiming for career in law field. But a purely law background without any corporate experience may not be well accepted by business industry. Top ranked services in companies also demand a graduate in business organization along with lawyer�s degree.

As demand for combined degree in JD and business is being a preferred combination to build a rewarding career in law. Business and law schools at various places have joined hands to impart students with best career courses. At many places Law Schools providing degrees of Juris Doctor and business school providing Master in business administration present a cooperative program for the convenience of aspiring students. This opportunity to avail concurrent degrees in both fields is a stepping-stone for success of students. Students who cannot travel to different places at the same time have a best prospect of finding excellent professional training under one roof.

Surviving in the law field gets tougher from the day one tries to enter the school of law. Getting admission requires fulfilling entire formalities along with earlier creditable basic high school record, clearing the admission test for the law school and even recommendations from people. The same is applicable for business studies a student is required to prove his quantitative skills and efficiency in microcomputers to get admitted. A dedicated and hard work during the courses ensures students with excellent results which in turn to provide better career opportunities.

A law person has various prospects for different types of career that he would like to accept. Depending on his caliber and willingness to work hard a lawyer can decide upon practicing law in an exclusive law firm or he may choose to be an in house lawyer. An exclusive law firm requires an extensive knowledge of one particular area in law where as an in house lawyer is required to deal with entire aspects of legal issues that relate to the particular company in which he is involved.

While undergoing training in one of the law schools a student would learn about different aspects of law like civil law, criminal procedures, constitutional law, contracts, property, professional responsibility, basic federal income taxation, legislative and administrative interpretation and many others. The syllabus is cautiously devised to ensure that students receive exhaustive training to deal with maximum situation in the professional front. Similarly Masters Degree in Business administration imparts education in business for global society, corporate finance, managerial accounting, information resource management, strategic management, master�s project and other similar relevant courses. Anyone pursuing both law and business studies simultaneously has an advantage of studying some courses that are counted towards both degrees and hence a considerable amount of work is reduced for these students.

18
Feb

European Flight Travel Laws

In a flight never carry any of the items mentioned below

� Many flights do not allow to carry any kind of liquids or fluids including perfumes, hairspray, shampoos have been banned recently due to safety measures (please check with your air flight company)

� Under no situation carry drugs, heroine, brown sugar and any other kind of narcotics.

� Needless to mention although never carry any kind of compressed gas cylinders like oxygen, butane, and aqualung.

� Corrosives such as acids, alkalis, mercury and wet cell alkalis or fireworks, guns and flares

� Lighters, matches, magnetized materials, offensive irritating materials, medicines without prescriptions.
(there are few other items that are banned in certain countries that might even lead you to imprisonment so be extra cautious not to break any rules and never forget to ask for a travel law copy from an agent)

Inside Countries Law

� If your flight is full and you want to quit it voluntarily always ask for better incentives if you feel you are not offered well.

� If your luggage is expensive and you want to declare a higher value then please do it at the time of check in so that the airline will become liable in case of loss.

� In Europe rules are very strict, so if you get to know that you have victimed �bait and switch� that do not forget to file a complaint with the attorney general of the state. The results are much faster for a traveler because tourism is a big business for Europe and they do not want to lose on the tourists.

� The major car rental service provides free assistance if you have a flat tyre so don�t forget to contact your company in case you face one of these situations

� European countries have strict rules against law breaking so incase if you break one don�t panic and always let them know that you are a foreigner you might be let go of.

� Littering off in a garden or tourist attraction could end you up in heavy fines so always remember to use bins.

� Never bribe a cop in the European countries that might lead you to severe fines or imprisonment.

� Never overtake or drive fast they will levy a heavy charge on you. Always follow the traffic lights and road instructions which are very well organized in the European countries.

� Always be polite to people and never trust a stranger in the Europe because there are thieves and bag snatchers at tourist locations

� Gay sex and lesbians are not encouraged at all places in this continent unless you are in Amsterdam (A city in Netherlands) where free sex is allowed.

� If you are caught with a prostitute or a whore you might end up in severe imprisonment.

� Never drink too much because if you get unconscious the police might catch you and jail you up.

18
Nov

The Ten Laws Of Selecting The Right Wedding Vendor

First Law
Search for your wedding vendors through your friends, family members, and coworkers. Word-of-mouth is an old a proven way to find reliable businesses. Even if you can�t afford a wedding consultant to plan your entire wedding, it might be a good idea to consult one to find reputable wedding vendors in your area. The money you spend on an initial consultation with a wedding planner may pay for itself once you realize the cost savings.

Second Law
Never hire the first vendor you meet. Always make sure you select from at least a few different vendors. Just because you have a good first impression of a vendor, it doesn�t mean you shouldn�t consider others. The more vendors you take into account the more educated you�ll become about prices and selection. You should consider at least 2 to 3 vendors for each product or service you plan on using for your wedding day.

Third Law
Get it in writing. Even if you find the vendor trustworthy, you should ALWAYS get it in writing. The documents describing the service should be as detailed as possible. Such detail might seem excessive, but it will assure that you and the vendor understand each other. If you get it in writing, the vendor might respect you more than if you only had a verbal agreement. If you get it in writing, you are also helping the vendor. If a vendor refuses to get it in writing, you should walk.

Fourth Law
Ask to see if you could speak with their previous customers. It is bad news, if a vendor doesn�t make references readily available to you. Well established businesses will likely volunteer references, so don�t hesitate to ask. Once you get the references, be sure to contact them. That�s why you�ve asked for them.

Fifth Law
When you negotiate prices, be sure to learn about hidden costs. You should have a clear understanding of what the price includes. If you are unsure, be sure to ask to clarify.

Sixth Law
Negotiate the price. You should bargain with your wedding vendors. Don�t be embarrassed by trying to get the best price. If you can�t get them to lower their price, try to get some additional free service or product included in the negotiated price.

Seventh Law
Once you get everything in writing, you should have a wedding consultant read through it all. You might even consider an attorney looking through your contracts. Their expert eyes might help you catch a mistake or question something suspicious. Spending a few dollars might help you save a lot of money and many headaches later.

Eight Law
Don�t sign anything until you understand the terms of the contract. If you disagree with something have it changed prior to signing. Vendors will more likely to accommodate your requests prior to signing the contract.

Ninth Law
Get a receipt. Some vendors might require a deposit, and you should always require a receipt.

Tenth Law
Keep in touch with your wedding vendors. Calling them periodically doesn�t mean you are bothering them. You might get more attention and better service due to your proactive approach. If you have concerns, be sure to voice them early.

12
Nov

Divorce and Lawyers

Do I need a lawyer?

Check out the following circumstances to make sure whether you need to have a lawyer or not.

� You and your spouse have been wed for at least 5 years
� You and your spouse have kids.
� Either you or your spouse is the breadwinner while the other may have difficulty getting on his/her own two feet financially speaking, once the divorce is finalized.
� You or your spouse has come upon inheritance while married to one another.
� Either you or your spouse is in debt.

Where can I get a divorce lawyer?

There are a many ways to get a divorce lawyer. Also try asking your marriage counselor or therapist for a referral. Of course you may ask your relatives or friends as well. Other lawyers can recommend those attorneys which specialize in divorce also.

It is also possible if you may even go straight to the courthouse to check out if a particular divorce lawyer strikes your fancy. No matter where you look, may it be in the yellow pages or in directories on-line, you should assess their credentials.

Meeting a lawyer for consultation

After finding a promising lawyer, the next step would be to meet him/her for consultation. If he/she is hard to reach then this may be a sign that you may have a hard time getting in contact with him/her once you hire him/her as your divorce lawyer. Find out how much he/she may charge for consultation. What exactly is his/her specialization? It�s important that he/she specializes in divorce, for you to have the best representation. You wouldn�t want a gynecologist dealing with your heart disease would you? Of course you�d seek the help of a cardiologist and with legal matters it goes the same. Seek the help of a divorce attorney for divorce concerns.

What you ought to know after consultation with a divorce lawyer

The first time you meet with a divorce lawyer may be one of the few times that you are the one who gets to do most of the asking. Make the most of it. Find out everything you need to know in order to make the right choice of attorney. After speaking with a lawyer, make sure you�ve discussed the following matters:

� Length of practice
� Case specialization
� Divorce trial experience
� Experience in negotiation for settlements
� Familiarity with divorce mediators
� Custody dispute experience
� Familiarity with tax issues of divorce
� Familiarity with your particular situation/context
� Projected period of time for your case
� Projected outcome for your case
� Schedule and methods of contacting him/her
� Fee (Including specifics, like if travel time is included)
� Manner of billing

9
Nov

3 Important Planning Steps before Working with a Divorce Lawyer

If you are planning on a divorce then it is paramount to know how to work with a divorce lawyer. There are three important planning steps that you can use to make the process simpler and also try and keep costs down.

Get Organized � It is important that you get yourself organized. A lawyer is going to ask you for an inventory of all of your assets and liabilities. You can get all this information before you meet with the attorney. The attorney will need this information in the form of written evidence such as bank statements, credit card statements, etc. They cannot just operate on the work of their client in this matter. Understand that tax returns will likely be requested, also. Other items that come into play are 401K plan statements, pension statements, and IRA statements. Also, if you have wills or other documents that may prove that some of your property is separate and not community property. Separate property was either brought into the marriage or received in the form of inheritance.

Set priorities � Setting priorities can be vital in making sure that you do not get bogged down in the process. By priorities, I mean determining what is important for you. Remember that all the assets are going to be divided. You should figure out if you want to keep the house or not. You should then determine other material possessions and what is important for you. It is important not to get too carried away, because you may not be able to �keep everything�. Realize that your spouse will get things as well. If you have children, determine who will get custody. Then determine a proposed visitation schedule for the other spouse. Children and visitation are often the issues that bog down the divorce procedure.

Be reasonable – Being reasonable can help you get divorced so that you can get on with your life.
Think about what may be important to the other spouse. Sure you may hate him/her, but you still have to reach an agreement on separation of property, residence for the children, and visitation. A big part of getting through the divorce procedure is being prepared for negotiations. This way ahead of time you can have an idea of what you may give up and what your spouse may give up. As mentioned under the priorities section, these are the things that really matter. Don�t treat this like a contest. Generally, the people that win in a contest are the attorneys due to the high legal fees that can be incurred. Realize that it may be a 50/50 split in the end. Thus, being reasonable should help you contribute towards the other spouse�s 50 while getting you the things that are most important.

In summary, a divorce lawyer works for an hourly wage in most circumstances. Planning on your part can help keep these costs down and also speed up the divorce process.

6
Nov

Law School Accreditation

Accreditaiton and what it means to you. According to the Merriam-Webster dictionary the definition of accreditation is “to recognize (an educational institution) as maintaining standards that qualify the graduates for admission to higher or more specialized institutions or for professional practice.” Law schools generally fall into three catagories of accreditation, American Bar Association (ABA) accredited, state accredited or unaccredited.

ABA accreditation – According to the American Bar Association, “Law schools approved by the American Bar Association (ABA) provide a legal education which meets a minimum set of standards as promulgated by the ABA. Every jurisdiction in the United States has determined that graduates of ABA-approved law schools are able to sit for the bar in their respective jurisdictions. The role that the ABA plays as the national accrediting body has enabled accreditation to become unified and national in scope rather than fragmented, with the potential for inconsistency, among the 50 states, the District of Columbia, the Commonwealth of Puerto Rico,
and other territories. The Council of the ABA Section of Legal Education and Admissions to the Bar is the United States Department of Education recognized accrediting agency for programs that lead to the first professional degree in law. The law school approval process established by the Council is designed to provide a careful and comprehensive evaluation of a law school and its compliance with the Standards for Approval of Law Schools.”

State accreditation – Most states have their own accreditation process and in most cases give accreditation status to ABA accredited schools. However, there are many law schools that for one reason or another do not meet all of the ABA accredition requirements. Some of these schools, however, do meet the states requirements. Note: State requirements can vary by state. If a school meets state requirements it can apply to that state for state accreditation.

Unaccredited – According to the California Bar Association “An unaccredited law school is one operating as a law school in the State of California that is neither accredited nor approved by the Committee, but must be registered with the Committee and comply with the requirements contained in Rules XIX and XX of the Admission Rules, applicable provisions of the California Rules of Court and relevant sections of the California Business and Professions Code. A law school operating wholly outside of California is unaccredited unless it has applied for and received accreditation from the Committee or is provisionally or fully approved by the American Bar Association.”
Rules in many other states are the same.

Most states require that you meet certain requirements prior to being eligible to take their bar examination. The California Bar states “To be eligible to take the California Bar Examination, one must have completed at least two years of college before beginning the study of law or must have passed certain specified College Level Equivalency Program examinations before beginning law study and must have graduated from a law school approved by the American Bar Association or accredited by the Committee of Bar Examiners of The State Bar of California or have completed four years of law study at an unaccredited or correspondence law school registered with the Committee or studied law in a law office or judge’s chambers in accordance with
the Rules Regulating Admission to Practice Law in California.” Most states have similar requirements.

The foregoing suggests that many states will not allow, non ABA accredited out of state law school graduates to take their bar examination, unless they attended school in that state or a school that is certified by that state. Therefore students graduating from non ABA accredited law schools may not be allowed to practice in any state other than the state they attended school. Note: Some states have reciprocal agreements with other states allowing attorneys registered in one state to become a member of the bar in another state without taking a bar examination in the new state.

Notwithstanding the foregoing, there are many fine law schools in this country that are not ABA accredited. Additionally, many ABA accredited schools do not offer night time or part time classes. Finally, there are many more applicants that spaces available in ABA accredited schools, forcing many good students to attend other schools. Therefore, accreditation should not be your only criteria in choosing a law school or in deceiding whether or not to hire a particular law school graduate.

Permission is given to reprint this article providing credit is given to the author, David G. Hallstrom, and a link is listed to Resources For Attorneys the owner of this article. Anyone or any company reprinting this article without giving proper credit and the correct link, is doing so without permission.

3
Nov

Trying to define criminal law

We hear about law everyday whether we realize it or not. It’s in our Government, in our work, and even in our houses. One type of law is Criminal law, which is also known as Penal law. This is “The body of statutory and common law that deals with crime and the legal punishment of criminal offenses.”

Inside of criminal law there is four major theories of criminal justice:
– Punishment
– Deterrence
– Incapacitation
– Rehabilitation

This form of law is essential in many cases because it can distinguis between crimes from civil wrongs. Criminal law has been around for ages, and is seeing as the fundamental system of regulating the behavior of individuals and groups relatively to what is defined as the social norms. This differs between civil crimes, where the difference is between two individuals and their individual rights and obligations under the law which is ruling the entire society.

An example of a civil law case is a dispute between two individuals over a contract that they made to for example sell an automobile. In that case one individual feels that their individual rights for a fair automobile sale have been breached by the other party. Where as in a criminal case, you would have for example a murderer, who is infringing on the right of safety that we all have. Given those two examples I’m sure you can appreciate how important Criminal law is, and the important role that it plays in everyone of our societies.

25
Oct

Auto Lemon Laws

Generally, there are three pieces of legislation that you are to be acquainted with if you ever have to deal with a lemon car case (God forbid!). They include state lemon laws (sometimes referred to as warranty laws) that show differences as you move from one state to another, the Federal Magnuson-Moss Warranty Act and Uniform Commercial Code (UCC). If your state lemon law does not cover your case, you can safeguard your rights by going to the latter two.

Now let’s have a closer look at these laws. A state lemon law is legislation that applies to the vehicles with persistent defect(s) and defines in what cases the manufacturer breached the warranty and what the consumer is entitled to if the warranty is breached. Normally, the customer has the right to claim a refund or a new replacement.

The lemon law is effective only if the vehicle comes with an express written warranty and during the warranty period. In most states it covers new cars that have been purchased to be used for family, personal or household purposes. A car bought for business purposes is not covered by the state lemon law, but can be refunded or replaced under the Magnuson-Moss Act or Uniform Commercial Code (UCC).

Usually, when you are reduced to seeking justice, the action that you have to take depends on the state where you bought or registered your vehicle. In some of them, launching a written complaint is enough, while in others you will have to hire an attorney. Anyway, if your car dealer or manufacturer are unable to satisfy your claim, you first go to the arbitration and, if necessary, to court of law to resolve the dispute. And it is a manufacturer, not a car dealer, that you take to court.

The Magnuson-Moss Act is a federal lemon law. It is a forebear of all state laws and serves as recourse, when state laws don’t help. Its mission is to protect the buyer from manufacturer’s breaching warranty. If your attorney chooses to sue under the Magnuson-Moss Act, the manufacturer is to recover your attorney’s fees (if you win the case). It refers to the vehicles and other personal property priced and higher purchased �for purposes other than resale�. The law was enforced in 1975 and covers the products that were acquired after July 4 that year.

The Magnuson-Moss Act deals with both �full� and �limited� warranties. The case can be taken to court with a valid cause of action even after the warranty has expired as long as the defect appeared in the vehicle during the period of warranty.

And last but not least is Uniform Commercial Code (UCC). This law grants the customer the right to claim a refund or a new vehicle replacement, if the defect(s) present in the car have proved to continue after several attempts (“a reasonable amount of attempts”) have been made to repair the inoperable part. The threshold of proof is defined by a particular state law.
When and if you decide to take action against lemon makers, you can study the laws and do it yourself, but it can be wise to hire an attorney, who can do it quicker and more efficient with his fees recovered by the manufacturer.

19
Oct

Wrongful Termination: 18 Things a Lawyer May Want to See When You Meet

Wrongful termination occurs when you are fired in a way that violates public policy and may include situations where you were forced to resign (called constructive discharge). If your employer fired you, or asked you to resign, or if you quit because you felt working conditions were intolerable, you may have a case for wrongful discharge.

You need to contact a lawyer and schedule an initial conference with him or her. To make that first meeting as fruitful as possible, you need to provide copies of a number of documents for the lawyer to review.

There is a useful list of 18 things your lawyer may want to review presented at:

http://employment.findlaw.com/articles/2563.html .

A key item for review is a diary or chronology, or a written journal of events, with dates of important employment problems, any opposition you made to employment policies or practices, any participation you may have had in investigation of any discrimination complaint, meetings, and adverse actions taken against you.

If you kept such a journal, good; make a copy. If not, start recreating the series of events from memory, emails, documents, your calendar, and whatever else can help jog your memory. This is done most easily on a computer, either as a table in Microsoft Word or as a modified spreadsheet in Microsoft Excel. The advantage of using the computer is that when you remember an event that occurred between two events you already have in the table, you can merely insert a new row into the table and fill in the date and details of the event.

Having copies of documentation for your lawyer to review will help him or her determine if you have been the victim of wrongful termination.

12
Oct

What The Motorcycle Helmet Law States Per State

Motorcycle helmets may not seem all that important when you think about it. It is heavy, hot and even suffocating. The material may even cause break-outs on the skin and even allergies. Motorcycle helmets also keep you from enjoying the wind on your face as you ride. So why the hell should people wear them? The answer is actually fairly simple. It can keep you from having a permanent disability or even keep you from dying.

Take for instance the story of Don Koening who died when his head hit a tree. He left his helmet on his front porch.

There are a lot of people who have suffered from permanent disability, some even died, just because they have forgotten one tiny detail, to wear their motorcycle helmet. What is more saddening about this is the fact that most of these people are between the ages of 16 and 24, people who still have a full life ahead of them.

Laws requiring helmet use

This is perhaps the reason why legislators have included the wearing of the motorcycle helmets in state laws. The law also states that the helmet worn must also pass the criteria that are set by the Department of Transportation�s Federal Motorcycle Vehicle Safety Standard 218. It is one of the three laws that require motorists to wear safety gears while in motor vehicles. The other two are the use of a child-passenger safety restrains and the use of seatbelts while inside the car.

Differences in some state laws

Although the same basic law is stated in all the states, there are slight differences as to the enforcement especially with the monetary fines. In California for instance, motorists must wear helmets all the time. Helmets should not only be worn but also securely strapped in. In Florida, the law is somewhat a little bit more complicated.

Although all motorists are encouraged to wear helmets when they ride, people over 21 years old and are covered by an insurance policy that provides for at least 10,000 dollars in medical assistance should an accident happen are exempted.

The helmet law also does not apply to people who are 16 and older and are operating a motorcycle that have a displacement of 50 cubic centimeters; does not have an excess of two brake horsepower or those that are not capable of operating it beyond the speed of 30 miles per hour.