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Lawyers Are Here to Help Us

Getting injured is a part of life. Most of us are lucky enough to escape serious personal injury but for those of us who are hurt on the job, in a wreck or simply an accident that occurs during our day to day routine there are personal injury solicitors who are there to help us. Sure, it’s great to have insurance and all; it’s necessary for moments like that but how many of us actually think about hiring a lawyer? Not many, I assure you. No matter how many commercials we see with those friendly faces promising us to win us what we deserve, not many of us actually call them – which is ridiculous!

I was in a car accident recently and without my personal solicitor helping me out I would have lost more money than I even feel comfortable thinking about.

The Trust Surgeons Require from Patients

There’s always going to be a need for lawyers and attorneys. I’m thankful that a friend of mine was working in the medical malpractice law industry because after a botched surgery had me walking in a very crooked fashion thanks to my foot being twisted, I had no choice but to sue if I wanted to be able to recoup from the time I was losing from working. My buddy directed me to http://www.harcourtlegal.com/no-win-no-fee/ which blew my mind; a law firm willing to not charge me if I lost my case? Of course, this meant they’re only willing to take on the cases they know they’re going to win which might be a good way to see if you have a case that’s going to win!

I didn’t like having to sue the surgeon that operated on my foot. He was a nice enough guy and he warned me that there could be complications in the future. However, those complications were making it so that I couldn’t work at all. In order to have any kind of a life I have to work; who doesn’t? It would have been a lot easier had I been hurt at work since workman’s compensation would have paid for everything.

As it was, their legal team was able to provide me with the help that I needed. We won my case and I was able to find a new doctor who had a new technique that undid all the damage previously done. It makes one think about the amount of trust which is necessary when we go under the knife. We have to assume that the surgeon is entirely capable of not making a mistake which may cause death or further injury. This experience has definitely made me more shy toward ever getting another surgery done.

Simple Tips When It Comes to Criminal Law

No one wants to be accused of a crime, but what would you do if that ever happens to you or a loved one? Would you know how to handle a situation like that? That is why knowing something about criminal law might come in handy.

It might be you or or a loved one who could be accused of doing something criminal. The important thing is that you should know what to do. You should be able to handle it or things can go from bad to worse in a very short period.

What You Should Do

If a loved one has been accused of a crime, the first thing to do is to get in touch with a criminal lawyer right away. They would be able to tell you in greater detail the actions that have to be taken to help ensure that your loved one’s rights are not violated.

Get Vital Information Right Away

Information is vital at this stage and situation. You should find out why your loved is being held and where. You must know the police agency that is holding them, the name of the law enforcers involved, what the case is. Ask these details from the law enforcers and not from your loved one as your conversation might be recorded and that can be used as evidence against them.

Remaining Silent is Important

Tell your loved one that it is important that they should remain silent and that they do not say anything at this point. When you speak with the law enforcers, you should tell them that your loved one will not make any statements and that they should wait for the arrival of the attorney. Take note of the time of your conversation.

Documentation of Events

It is important that you take note of everything that is happening right from the moment that you learn of the arrest. Take note of the time that events occur as well. Doing this could help the attorney to make the defense.

The Importance of a Good Lawyer

We could not overemphasize the importance of a good lawyer at this point. You should find someone who is experienced and well-versed when it comes to criminal law. If you can find someone who has dealt with the kind of case that your loved one has then that would even be better.

Support is Important

At this stage your support and help could be very vital for your loved one. You must show them that you will be there for them no matter what. They must understand that you will be ready to deal with any kind of problem that might arise and that you are not judging them because of what has happened.

Facing criminal charges isn’t something that we would really want but when it happens to us or to our loved ones then we have to be ready. It helps to know a thing or two about criminal law because that might mean your loved one being acquitted.

Types of Criminal Law Cases

criminal law attorney central islip
Robbery Crimes in New York:
Robbery is the wrongdoing of unlawfully taking someone else property by the utilization of energy, lying or misdirection. This offense is intense, and on the off chance that you have been captured, you could be confronting extreme punishments. Contingent upon the circumstances of your case, you might either be accused of an offense or a crime and you may be compelled to serve years in jail and pay heavy fines. Criminal feelings might be destroying, so you have to quickly hold the representation of a comprehension lawyer from the Law Office of Shawn Kassman immediately. By working with a criminal guard lawyer from the firm, you may have the capacity to have your charges lessened or rejected. – Criminal Law Attorney Central Islip
In the state of New York, there are various sorts of burglary. Various main components could figure out what accurate sentencing you may be presented with in the event that you are sentenced, and a lawyer from the Law Office of Shawn Kassman can help make an one of a kind safeguard. In the event that you are confronting any of the accompanying charges, contact the firm now!
Shoplifting:
Shoplifting is the wrongdoing of taking stock from a store or messing with the cost of an item. On the off chance that you are intentionally changing the cost of a thing or purposely covering merchandise from a store that are esteemed at short of what $1,000, you may be accused of this offense.
Petit Larceny:
This wrongdoing is off and on again alluded to as an unimportant burglary and includes the taking of a thing esteemed at short of what $1,000. Dissimilar to shoplifting, petit burglary does not so much need to happen in a store yet can relate to merchandise taken from an individual or their property.
Wholesale fraud:
Taking someone else personality is a robbery wrongdoing and additionally may be viewed as a cubicle wrongdoing. This type of duplicity utilization someone else name, Social Security number, financial balance data or other particular data to take cash or possessions from the victimized person. – Criminal Law Attorney Central Islip
Amazing Larceny:
Amazing burglary is a lawful offense, deserving of jail sentencing and soak fines. Any thing taken that is esteemed over $1,000 might be viewed as amazing robbery. Regular sorts of amazing robbery incorporate terrific burglary auto or fantastic robbery gun.
Theft:
Any constrained and unlawful entrance into a structure with the plan to perpetrate a wrongdoing once inside the structure, home, building or office is considered theft. This wrongdoing is named first degree, second degree or third degree, all of which are intense offenses. – Criminal Law Attorney Central Islip
If you have Criminal Law Attorney Central Islip related questions, please call criminal defense attorney Shawn Kassman or a member of his legal team at 631-232-9479 (toll-free 888-545-2944) or fill out our online intake form. We are available 24 hours a day, 7 days a week and defend clients located in Central Islip (main office location), Holtsville (office location), Bayshore, Brentwood, Oakdale, Sayville, Port Jefferson and Riverhead and both Suffolk and Nassau counties. Our Central Islip law offices are conveniently located down the street from the courthouse and we can assist you with your criminal defense during your time of need.
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Central Islip, Suffolk County, Hauppauge and many more.

Your Popular Concerns Resolved On Selecting Employment Lawyers

It is already a given that as an employer, it is your responsibility to treat your workers properly, but you will find times when your staff won’t really be satisfied on what they are getting. Well, it is not always advisable to do everything that they want just because they are considered to be valuable assets of your enterprise. This is why you have to employ employment attorneys to help you. It is never easy to understand everything about the employment laws and it is not advisable to disregard it. It is better if you will look at the different advantages that you could acquire by seeking the help of an employment lawyer.

As you are all aware of, you will find a couple of troubles that may come up involving the employer and employee and the employment lawyer will deal with this efficiently. The lawyers will be handling everything with respect to these legal issues.

If you think that you can manage everything all on your own, then there’s absolutely no reason to employ them. Nevertheless, a huge firm may well require a attorney to handle these kinds of difficulties.

All the paper works that your organization needs like settlements, wage, bonuses and more will be handled by the lawyers. You could expect these attorneys to aid you if you do not understand these employment laws and regulations.

Claims that are originating from your personnel should not be dismissed since they can always file a legal case against you if you’re not honoring their rights. If you do not have an employment lawyer, you will surely have a difficult time thinking about the best answer to these troubles.

You must always decide based on the employment law when you’re speaking about compensation, staff contractors, bad behavior on the job and more. All these problems can be avoided if you have a professional employment attorney in your firm.

As you are all aware of, organizations are not resistant to legal complications and you’ll lose a lot if an staff makes a decision to file a complaint. Hiring an employment attorney will surely guarantee that the choice that you will make is always within the boundaries of the legislation.

As the owner of the firm, your responsibility is to handle the day to day functions of your organization. It means that you don’t have the time to study all the things that are connected to the employment legislation as they can already be handled by the Human Resource department. If you’d like to guarantee that you are dealing with the personnel efficiently, you must think about a professional employment lawyer. It is true that you will need to spend some extra resources in employing a lawyer, but you can guarantee that you will benefit greatly when you have the best employment attorney in your company. These attorneys can help prevent some legal troubles in the foreseeable future.

Employment attorneys are very beneficial to your organization in many ways so if you are still thinking that they are just a waste of money, then you are making a big mistake. You will also know that you could prevent future legalities with your employees by hiring these attorneys.

Want a little extra information or advice on employment law? In case you’re having a look for a sound, successful employment lawyer then why not take a look at http://www.youngandma.com. I have usually found them to be very useful.

What Is The Difference Between A Civil Law and Criminal Law

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Numerous individuals don’t understand the contrast between civil and criminal law, yet various standards set the two terms separated. Along these lines, let us understand the difference between the both:
Parties
In civil law, a private person, for example, an individual or a company indexes the claim and is known as the offended party. In criminal law, the legislature dependably records the grumbling and is alluded to as an indictment.
Debates
There are some major differences between civil & criminal law like in a civil case, the private privileges of people, organizations and governments are in debate. The point when the civil movement includes harm, it is known as a tort, for example is the situation with an individual damage claim. In a criminal matter, unique is indicted by the administration for perpetrating an enactment that is against the laws of the state or social order in general, for example, driving while affected by medications or liquor, thievery or assault.
Representation
A respondent in a criminal case is qualified for a lawyer, and in the event that he can’t bear the cost of one, the state or national government must give representation. In a civil case, the respondent is not given a lawyer and must pay for one or he can decide to protect himself. On account of a car crash, if a civil litigant has protection, his protection transporter may have an obligation to guard him, based upon the terms of the security contract.
Load of Proof
The load of confirmation in a criminal court is past a sensible mistrust. This suggests that there could be probably in the brain of a sensible person that the respondent is blameworthy €” there can at present be mistrust, however, just that no sensible mistrust is conceivable, taking into account the proof displayed. The trouble of verification in a civil trial is the dominance of the confirmation, a much lesser load than past sensible mistrust. Dominance of the confirmation implies that it is almost certainly that the litigant is subject. This difference in trouble of confirmation exists because civil risk is recognized less reprehensible, and the disciplines are less serious than in criminal law.
Jury Trial
Both civil and criminal litigants are qualified for a jury trial; nonetheless, the feeling of a jury could be unanimous in a civil case, contingent on the laws of a particular state, however, in the criminal equity framework, the jury must concur unanimously before a litigant might be declared guilty a wrongdoing.
Sacred Protections
Litigants in criminal movements are managed sure Constitutional assurances that are not accessible to respondents in civil cases. These incorporate security against unlawful hunts and seizures, the right to remain noiseless, and flexibility from twofold peril.
Punishments
A litigant losing a civil suit repays the offended party fiscally for the harms he has initiated €” no prison time is included. In the event that the litigant is sentenced in criminal court, the discipline is either correctional facility time or detainment, a fine paid to the administration, or in compelling cases, execution.

Why It is very important Understand Elder Law

Obviously, every one of us is certain to get older – and that’s an undeniable fact. This is why why we ought to take the time to find out about the range of Elder Legislation specially the advantages and rights we can easily get since we achieve our senior yrs. Apart from obtaining advantages for yourself, we will also help other people (by revealing what we learn) in particular the aged kinds who may be unaware of the laws and regulations with regards to their interest.

There are 2 prime great things about researching Elder Regulation and these are the subsequent:

This makes us be more aware of the benefits and privileges committed for seniors; hence, it will help us get the most out of it whenever we get outdated.

Our understanding in elder law will also enable us to assist others to have the the best possible rewards that they may get from privileges created for seniors (e.g. we could help our loved ones – mothers and fathers, grandma and grandpa, senior friends – to obtain the full benefit from legislation.

Some specific advantages of studying elder legislation:

Medicaid – this is portion of the elder legislation that senior people can benefit; it is the US overall health system that may be geared towards helping families with low earnings and resources.

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Rights for those who have impairment and other long-term care issues – it is very vital because the elderly tend to be more susceptible to sickness as well as other health concerns that can cost some serious money.

Legal guardianship – this has something connected with the responsibilities of your individual designated by a court to handle incompetent elder and also this could include the elder’s interest and safety. The guardian can make a decision on investing the elder’s funds, the location where the elder will live, and medical treatment.

Asset and revenue security – it is actually about finding out how to build a firm foundation, which may incorporate savings, portfolio diversification, and proper chance administration – all are aimed at securing our financial upcoming.

Estate organizing – one of the three major areas that make up elder law; estate organizing has something connected to expecting and planning for that convenience of the property; it attempts to eliminate uncertainties with regards to lessening tax and avoiding probate.

Retirement living planning program – this involves ways created to successfully plan a person’s interest as he retires, that could include insights on pension bank account, pension program, retirement life savings.

So, I have got just discuss to you several of the explanations why learning about elder law issues. Once more, it will help us be a little more conscious of the benefits and rights, which can be very beneficial for your very own interest when we get to our senior many years. Correct without a doubt that this matter needs to be considered by we all – no matter era.

How to Find the Best Criminal Lawyer in Toronto

If you arrested for crimes such as; theft, domestic violence, murder, rape, hit and run, sex violence, drinking violence, driving violence and abduction, it is important to get experienced and competent lawyer with years experienced in the court of law. This criminal lawyer can help you who are under distress due the accusation of crimes. For those who living in Toronto, a drinking and driving lawyers Toronto is perfect criminal lawyer to call for those who get arrested for those committing crimes. A criminal lawyer can start service and talk to the accused people to know and understand in details about the crime event. A criminal lawyer is usually much in demand as they are sought to against for accused in the courtroom to get the best justice. When a criminal lawyer deals with accused person, they listen to the client and start point of view on this case. A criminal lawyer will start research and work to gather in order to collect more evidence and prepare for trial proceeding in the courtroom.

When you decide to hire a criminal lawyer who focused on your criminal law, then you should find the best ideas to get the best criminal lawyer service as follows:

First, you should determine and choose reliable criminal lawyer that specialize on the name of game. It means that your criminal lawyer needs some specialization within the lawyers. What you need is finding reliable lawyer with years experience and knowledge in criminal law yield.

Second, you should think twice before choose a criminal lawyer or settling for public defender. For some case, it is advisable to hire expert and professional criminal lawyer. If you have a tight budget, then you can hire the best criminal lawyer as you wish.

Third, you should choose reliable criminal lawyer based on your quality expectation. You can choose the criminal lawyer with less experience or extensive experience for your case.

Fourth, you should get the right referral for criminal lawyer information. Personal referral is a good option to get the best recommendation on which the best criminal lawyer to choice. A referral is an important way to get information about their reputation and successful story of the criminal case in the courtroom. You can ask and contact past their clients how your lawyer will work for your case and achieve your goal in the court.

Fifth, you should choose reliable criminal lawyer that belongs to certain group or lawyer. The national group of criminal attorney is a great indication that you are really into criminal law. If you want to check how your criminal lawyer will stand, then you must find and get reliable information if they have an office. Having holding lawyer office is a great indication that your lawyer is competent in criminal law yield.

It is recommended to not fall for ad sense and claims that your lawyer has. They will put anything on ads to get you in. The best thing to do is meeting and discussing with your lawyer directly and personally, so you can decide which one should be take for your case. Find out if your criminal lawyer has reputation in criminal law yield. A criminal lawyers Oshawa is one of option to choose when you are looking for reputable criminal lawyer that really working for your case.

Mark Douglas shows in this blog post the readers additional information about Masstsang.com criminal lawyers in Oshawa and their partners Masstsang.com drinking and driving lawyers in Toronto who are always ready to help any person who is in need.

A Brief Introduction Criminal Law – Aims

In the UK, as in much of the world, the idea of breaking the law is closely aligned with the idea of committing a crime. However, crimes in truth only result from breaches in criminal law, a defined and restricted area of law which is looked at further in this two part article.
Criminal law can generally be thought of as the law of the land or the law of the state. That is, it refers to the laws that the state puts down in writing, legislature, to protect itself and its citizens. As a result, a breach in criminal law will result in a case being brought by the state (in the UK, the crown prosecution) against the accused offender.
It is helpful to consider criminal law in contrast to civil law, where cases are brought by individual parties against other parties, and which is based on a common law (or case law) framework where the law is not defined in legislature but instead cases are settled in accordance with precedents set elsewhere in the judicial system.
In criminal law a breach which leads to a conviction will, generally speaking, result in a punishment for the offender. These punishments will have a number of aims including one or more of the following:
Retribution – inflicting hardship on the offender to reflect the hardship they inflicted on their victim.

Deterrence – of the offender from committing further crimes as well as other potential offenders

Incapacitation – of the offender to prevent them committing further crimes

Rehabilitation – of the offender so that they can add value to society and to prevent further crimes

Restitution – to restore the legal status of the victim, as is the aim of civil law (see below)
These aims are not mutually exclusive. Incarceration as a punishment, for example, may fulfill the first three and, depending on the nature of their time in prison, the fourth as well.
The aim of retribution for retribution’s sake is less popular now despite being key to the development of criminal law down the ages. It originated from a concept similar to restitution but with the aim of restoring a universal balance where the offender should suffer the equivalent consequences as experienced by the victim. This lead to the establishment of institutions to restore this balance, to determine, formalise and measure out the retribution rather than allow personal retributions (vendettas, revenge) within a society which may have gone beyond the scale of the original offence.
The earliest forms of criminal law therefore followed the lines of lex talionis (a punishment to fit a crime) otherwise referred to as ‘an eye for an eye’ (after a passage in the Old Testament/Torah). However, the ideas of ‘turning the other cheek’ from the New Testament and more generally that ‘two wrongs don’t make a right’ (‘an eye for an eye leaves everyone blind’) have tempered this philosophy, particularly in the west.
The similar concept of restitution is still the aim of civil law; similar except that civil law aims to restore the legal status of the ‘victim’ as if the offence hadn’t happened regardless of whether that acts as a punishment and/or deterrent and instead of aiming to restore universal balance.
The second part of this article looks at the key concepts that define a crime and criminal law including those of actus reus and mens rea. However for those looking for further advice on criminal or civil law proceedings they should seek professional advice from qualified criminal law solicitors or, for example, family law [http://www.flip.co.uk/home/main.asp] specialists respectively.

The Effects of Criminal Law on Our Lives

In our private lives, the area of law we will experience the most, either directly or indirectly would have to be the criminal law.  Not necessarily through contravening its principals, the individual citizen will more commonly encounter its breadth in the course of their everyday lives, considering as a factor the legal ramifications of any desired conduct or decision in the decision making process.  For most of us, we tend to live our lives within these predetermined boundaries with no second thought or question as to the morality of the prohibited option nor the moral authority behind it.  In this article, it is proposed to look at the nature and scope of the criminal law in our society, and to discuss whether as an entity it is too intrusive, or whether it is naturally a required aspect of regulating society.

It is often said academically that the citizen enjoys freedom to act as he wishes in his life, subject to the regulatory provisions of the criminal law and the criminal justice system.  It is thought that as citizens of a particular country, largely at freedom to choose where we live in the world, we impliedly accept the authority of the relevant legal provisions which, for the most part, regulate on a moral level.  Of course there are exceptions, i.e. criminal laws of a regulatory or secondary nature which do not directly bear any moral message, such as speeding limits or parking restrictions.  So, then, to what extent does the criminal law reflect morality, and further from what source is this morality derived?

The criminal law is said to operate in mind of the public good, and the benefit of society.  It could, therefore, be argued to be crossing the boundaries into serious restrictions on liberty when it regulates personal conduct like drug use which may not have any wider impact than on that of the person indulging accordingly.  Why should the criminal law impose restrictions on what a person can do with his or her own body?  Surely our own freewill is a good enough justification for acting outwith the scope of the law in these types of scenario?

Furthermore an interesting area of the criminal law is potential liability for omissions.  In this sense, the citizen can actually be punished without acting at all in a specific way.  This takes the criminal law beyond a regulatory framework for the public good into an actual coercive force to make people positively act in a certain way.  For example, in some jurisdictions there is a legal duty to report a road traffic accident.  This means a citizen who is aware of the occurrence of such will have committed a criminal offence where he does not act in the prescribed manner.  Again, this is surely affording a broad scope to the criminal law, which may be seen by some as intruding on the fundamental freedoms and values upon which most modern nations were built.

It is interesting to consider the real impact of the criminal law, and the sheer breadth of conduct it regulates.  From the objectively morally wrong to the less obvious cases of imposition of liability, the criminal law places severe restrictions on the general principal of absolute liberty, which is clearly the subject of much academic and philosophical debate.

 

Decorating a Law Office According to Its Specialization

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Even though law is a serious profession, law offices can always do things a little differently to spice employees and clients up. Mind you, a brilliantly themed office can boost enthusiasm.
Please don’t do it the cheap way, with only printed out picture or, worse, drawings. Unless you have an artist on your midst, please don’t draw decorations. As much as possible, this requires professional help. These are law offices after all. There is a budget for a little makeover.
Criminal
Okay, let’s think. What cases does criminal law cover? Well, murder is obviously on top of the list. We also have theft, smuggling, prostitution, and homicide, among others. One fitting decoration for this kind of law office is perhaps the stuff that investigators and detectives use when investigating a crime.
Fake handguns display anywhere-so are magnifying glasses and fake knives. Dried blood on the fake knives and fake handguns can also help in making things look more legit. It is better if this display place in the receiving area of the law office.
This might shock some of the clients, but most would be impressed by the effort. Of course, the staff in the reception area would have to explain that if some of the clients are too slow to get the presentation. But hey, it’s all in a day’s work.
Corporate
When we talk about corporate law, the first thing that pops in our heads is this: money. The next thing we think about is, well, the corporate world-sharp suites and countless briefcases.
A law office that specializes in corporate law can personalize its offices too. These law firms can cut posting informative posters with dollar signs on them. They can instead present their announcements and information in a presentable and catchy information graphic style.
As for the dollar sign, I’m sure they can find better display sites for them, one that can catch attention to the clients. The receiving area (as always) might be the best venue for these decorations. While you’re at it, the business suites and briefcases can add to the corporate feel as well.
Family
The most common cases in family law are that of divorce, but there are also other issued being considered here. There are issues such as solving family disputes, adoption, drafting of family constitutions, and defending the families represented by family lawyers.
Perhaps the best decorations for this kind of law office are that of the family itself. Artworks of families and children is good for the walls and inner offices.
Environmental
Law offices that specialize in environmental law can get really creative with this. The environment inspires more creativity in us than we realize. These offices can go all the way and recreate jungle and forest scenes in their offices.
If it is too much, they can just surround the place with plants and perhaps artworks of nature. Photographs will also work. Brilliant angles and extreme close-ups of natural resources and animals is great for the office walls.

Australian Criminal Law Basics

Criminal law in Australia was originally received from the English common law. Australian courts today have modified some parts of the common law to fit the clauses of the government, but the bulk of the law is based on the common one. Reformation plans are in progress to achieve greater consistency between the states, through the Model Criminal Code. The variation of the law between regions is as stated below.

Federal: The Commonwealth is in transition from the common law model to the code model. However, it has its own criminal jurisdiction against federal offences. The powers of the states have been increasingly put to use in the recent decades, regarding criminal law. For example, the Human Rights Act of 1994 overrode the sodomy laws contained in the criminal code of Tasmania.

New South Wales: Common law and the statutory provisions in the Crime Act 1900 form the basis of the criminal offences under New South Wales law. Maximum penalties for larceny are found in the Crimes Act 1900, but the definition of larceny is a matter of the common law. This one of the many instances shows that the combined approach is similar to that of England.

Victoria: Most crimes in the Victorian Jurisdiction are codified in the Crimes Act 1958. A few of them also fall under the common law provisions for criminal conduct within Victoria.

Queensland: This region follows the Criminal Code Act 1899. Sir Samuel Walker Griffith, then chief justice of the Supreme Court of Queensland formulated the Criminal Code Act. Griffith borrowed large elements of the act from the Italian Penal Code 1889, and the New York Penal Code 1881. He described the Italian Penal Code as the most complete and perfect penal code in existence in many respects. Griffith himself translated it. The Griffith Code, as it was called, was later adopted in other parts of the Commonwealth of Nations, albeit with some changes. An important attribute of the Criminal Code is the formal absence of the common law element of mens rea (Latin for guilty mind). The mental element exclusion though involves a very few exceptions, which includes murder.

South Australia: Most crimes in South Australia are codified in the Criminal Law Consolidation Act 1935 (SA). There are also a number of common law provisions for criminal conduct in South Australia, quite like Victoria.

Tasmania: The criminal law structure in Tasmania is quite similar to that of Queensland and Western Australia. The serious criminal offences are set in a single piece of legislation, the Criminal Code Act 1924. The mens rea too is located under section 13 of the Code. This overrules involuntary human actions like insanity, intoxication, instance etc. The Firearms Act, the Police Offences Act, the Road Safety Act are some among the many acts that are considered a part of criminal offences.

Western Australia: The Criminal Code here is substantially based on that of Queensland.

Northern Territory: This region also is heavily based on the Acts like that in Queensland and WA. The drafting of the NT Criminal Code Act 1983 reflected aspects of both the QLD and WA Criminal Codes.

Appeals in Criminal Law

Source: wikipedia and criminal.laws

appeal.jpgIn law, an appeal is a process for requesting a formal change to an official decision.
An appellate court is a court that hears cases on appeal from another court. Depending on the particular legal rules that apply to each circumstance, a party to a court case who is unhappy with the result might be able to challenge that result in an appellate court on specific grounds. These grounds typically could include errors of law, fact, or procedure (in the United States, due process).

In different jurisdictions, appellate courts are also called appeals courts, courts of appeals, superior courts, or supreme courts.

Criminal law states that any criminal convicted of a crime can opt for a criminal appeal. An appeal is something that is filed to determine whether or not a verdict or court decision was accurate or fair. The criminal appeal is a process that involves a hearing or review of a case of the verdict by a higher court. This does not mean the case will be retried and many times nothing new or substantial is found. Cases that are reviewed go to a higher court for further investigation, the appeal is often a long process if anything new is found. Criminal law did not always have the appeal option however, but through years of reform and restructuring of criminal law, it was added just in case any mistakes were made. Criminal law before appeals suggested that the courts decision was absolutely final and that there would be no exceptions to the rule. Nowadays, there is a criminal appeal because people do make mistakes, or there is often new evidence found after the case has been closed.
Who Can Appeal

A party who files an appeal is called an appellant or petitioner, and a party on the other side is called a respondent (in most common-law countries) or an appellee (in the United States). The appellant is the party who, having lost part or all their claim in a lower court decision, is appealing to a higher court to have their case reconsidered. This is usually done on the basis that the lower court judge erred in the application of law, but it may also be possible to appeal on the basis of court misconduct, or that a finding of fact was entirely unreasonable to make on the evidence.

It is recommended that you hire a criminal attorney that is well versed in criminal law. Many criminal attorney’s can give you a free consultation to the criminal law appeal process. Criminal law has been created to treat both the defendant and the state fairly and justly. Sometimes cases are often rushed or have mistakes made. It is important to know your rights and what you can do if you feel that you have been unfairly convicted.

Criminal Law – Choose the Right Lawyer for Right Judgment

When a person is stuck with the criminal case, inviting for more trouble is the last thing he or she will be doing. We all wish to get rid of the case as soon as possible having the judgment in our favor. It is never acceptable to lose a case when you know you are right; however, it can happen if you do not get the fair trial or fair representation. In Singapore, criminals are treated with a stern hand. They are never allowed to let go without proper judgment. In case you are accused of something like this but you haven’t committed that crime, it is better to play safe by hiring the right lawyer.

Criminal law in Singapore is a public document but not everyone is aware of it. Travelers, foreigners and even various citizens who do not get involved into such activities or are just not informed about the criminal laws. Not knowing or understanding a law related to crime is quite normal given you are ready to face the situation in the right manner. First of all, try to hire the best lawyer as soon as possible. The police officer tries to present the accused in front of the magistrate within a couple of hours after arrests given all the circumstances are suitable.

To have a fair trial and fair representation in front of the law, criminal lawyers are the best chosen options. They can guide you about the procedure, explaining every little thing associated with case. All this is very essential since you need to understand why you are being booked for the criminal case, what are the charges and possible sentence given under these cases or your case. Apart from this, in case you have no idea about the law or how things work in Singapore, which often happens in case of the foreigners and travelers living here, the lawyer can come in handy.

Having someone by your side during tough times surely a great feeling. Select the best lawyer who is well aware of the criminal law in Singapore and can help you in every way. The lawyer will have to help in establishing your reputation in the court of law by collecting basic documents and evidences to prove your innocence. Apart from this, he will have to do all this in time without wasting any time. Start looking for the right lawyer by going through several best ones.

Tips That Will Help You Become a Modest Criminal Law Representation Lawyer

If you are aspiring to be a Criminal Law Representation Lawyer, you have to be pretty methodical as it needs a lot of determination and perseverance to become a successful professional.

Practicing criminal law is perhaps the most complicated and intricate profession as this asks for dealing with various types of criminals and criminal activities. Hence, the one aspiring to be a Criminal Law Representation Lawyer will have to be a master in handing criminal behavior, have expert understanding of criminal psychology and have some tremendous intuitive power. To some extent, all these develop in people naturally while one who is aspiring to be a criminal lawyer needs to develop them by undertaking training. All said and done, in order to become a successful lawyer, one needs to go through certain steps which are described below:

– The first step involves obtaining a suitable under graduate degree that will help to pick up practicing lay by profession. A solid preliminary education is an absolute imperative for being a successful criminal lawyer. However, when it comes to taking preliminary education, it is necessary to take up psychology, sociology, and even business.

– After completion of the right course of education, the next step involves admission to a proper law school. Of course the school needs to be reputed and home to the finest faculties.

– The third step ostensibly involves getting access to as many curriculums as possible that relate to various types of criminal law. Unlike other professional courses, the law colleges and schools do not have any specific or definite focused curriculums in certain sects of law. This means, the ones who are passing out of these colleges will not have any specific specialized degree on any particular sect of criminal law but will have the flexibility of dealing a variety of cases that will be available to them.

– Participating in various clinic programs will also help a lot as these curriculums are specifically designed for the would-be lawyers. However, a student who is in the 3rd year will be able get access to these programs. He or she can even attend the Court of Law under the mentorship of a licensed attorney. These programs are perfectly designed to provide firsthand experience to the aspiring lawyers with the procedures pertaining to criminal law and related issues and help them in getting acquainted with the same before they actively get into the profession.

– At first they need to apply for the position of a clerk in Court of Law and work under a Judge, court system, office of the prosecuting attorney or a criminal defense and legal firm. This will provide them a direct experience of dealing various criminal cases and justice system.

– After a subsequent time, the aspiring candidate needs to appear and pass Bar Assessment or Examination. Once that is done, the next step involves enrolling in the Bar Examination prep courses.

– Once that hurdle is passed, the aspirant needs to find a primary position that will allow the individual to have a practical experience of the legal system. All said and done, the ultimate objective is to become a proper Criminal Law Representation Lawyer who will be able to handle the rigor of dealing an astounding amount of trials and cases and related courtroom procedures.

Common Law Capers

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The firm Lawfully and its principal Gibson Owen are well able to advise you on any new trademarks to ensure that a search is carried out to minimise disappointment, subsequent rejection and disputes. Where a client has built up a reputation and goodwill in a trademark or trade name without registration then he must at some time address the question of registration.
Up until registration, his trademark would be called a common law mark and he runs the risk of finding after many years of business that there is a prior registration of a similar name in a similar class of goods. He may find that there is a similar name which has been in the market place unregistered but with a commencement date prior to that of the client’s first usage.
Upon addressing the matter of registration the client is confronted by having to carry out searches to establish what identical, similar or deceptively similar marks are on the Trademark Register or in the market place with a priority date well before the client’s first stated usage.
Common law rights are those rights you can enforce by an action without primary reliance on statute law.
The Designs Act, Patents Act and Trademarks Act all give you statutory rights as an incidence of registration of your trademark or invention. Valuable enforcement rights will arise as an incidence of such registration.
Having developed a reputation, goodwill and a significant capital value attaching to the unregistered trademark, the owner must then contemplate the fact that there may be prior registrations [http://www.lawfully.com.au] that are similar or deceptively similar or where another business, perhaps an opposition business, has been using their mark to develop goodwill and reputation predating that of the client’s first usage.
Where a contest develops over who has the prior right to the name, there is a real prospect that the client would not only lose the contest but lose significant capital such as the removal of its name, the loss of its profits for the period of conflict and the obligation to start again with a new name, which in turn can amount to losses of immense amounts of capital.
The ownership of a common law trade name is an excellent example of playing Russian Roulette with the company’s capital.
Where a company proceeds to adopt and assume a trademark that is unregistered there is a very real likelihood that it will be tempted to describe attributes of its product or service in that name. An excellent example would be the name Bankstown Smash Repairs. It is not appropriate to identify a geographic region in a name and it is not appropriate to identify the product or service in the name.
Very often the names that are chosen are names that are generic or inappropriate and should remain available to all of those who compete in that industry. An example of such words is ‘smash repairs’.
It is always best to invent a name which has nothing to do with the product or its attributes. It is usually too late to warn a client on these factors when they have developed goodwill and reputation at common law.
Where you have given the right of exclusive use of your trademark to a licensee then usually you will have given that licensee the right to protect the intellectual property against invaders and trespassers.
It is possible that the exclusive licensee is not interested in protecting the reputation attaching to the trademark property, but as the registered proprietor you may feel you must protect the integrity of your trademark and you can do so provided you have reserved those enforcement rights during the preparation of that licence. The need to take action can arise during the course of the license or after its termination.
There could be many commercial reasons why a licensee does not want to spend funds on fighting invaders and trespassers and it may fall to you to defend the integrity and reputation of the trademark.
If you have failed to draft the license correctly in not reserving to yourself the right to supervise the quality of the licensee’s products with regularity then you will have difficulty in protecting that integrity and reputation.
Not only must you reserve to yourself the right to supervise quality but also you must exercise that right and not appear to abandon it by failure to supervise for lengthy periods or failure to supervise regularly.
In addition a licensee may feel that when the exclusive license lapses he has adequate momentum in his product and reputation not to bother with a renewal of the exclusive license.
Where there has been a failure by the Licensee to renew the license, the registered proprietor must ensure that the reputation and goodwill attaching to a trademark have expressly re-vested in him as the registered proprietor.
Whilst these requirements seem to be only incidental to the main business of granting rights to a licensee and receiving royalties from him it is obvious that the mark could be seriously imperiled unless the above two factors are treated with detailed attention in the license document.
Continuing use and development of reputation and goodwill in an unregistrable mark can eventually allow its registration. The unregistrable mark can become known in the eyes of the market or the public as one that distinguishes the owner’s goods and/or services from those of his competitors. Upon such proof being established, which carries a very heavy burden to discharge, such an offending mark can be applied for and may be approved for registration.
It is far better to take advice before commencement of use of a mark so as to ensure it does not offend against other marks and therefore attract lawsuits and opposition to registration. It is possible to offend against another mark registered or unregistered by direct conflict or by using a mark that is deceptively similar to another mark.
Any interloper or trespasser will be easily put to heel if he is offending against a registered mark in the same or similar classification for goods.

Find A Trustworthy Lawyer That Can Help You

How can anyone know how to search for a lawyer? Knowing which lawyers are trustworthy and which should be avoided is quite a chore. Use the information included here to move forward with your legal woes.

One thing that is very important when selecting a lawyer is ease of access. Many people complain about not having a lawyer who is easily reachable. You shouldn’t get stuck wondering what’s going on with your case just because you have a lawyer that’s on vacation.

Prior to your meeting with prospective lawyers, identify your ultimate objective. You should first find out if a lawyer is even necessary. Divorces, criminal charges or being part of a lawsuit mean you do. While your case may not fall into any of these fields, you may still need a lawyer.

While the high cost associated with the idea of hiring a specialist lawyer may phase you, the fact is that it will often cost you less in the end. The truth is that general practitioners will have to do lots more research than a specialist, which ends up costing you lots of money.

Whenever you’re dealing with real estate legal issues, hire a lawyer who only does real estate. They will be more equipped to deal with your case quickly and will often result in a better outcome.

Heed your lawyer’s advice, but remember that he or she is your employee. Speak up if there is something your lawyer wants or says that makes you uncomfortable. They want to help you, so speak up.

Before spending hours researching yourself, check with people you know and trust. There could easily be a reputable and fair attorney that has helped one of your friends or family members in the past. This can pay a lot of benefits down the road for you and reduces your work.

Use your professional network to find a reliable business lawyer. These companies provide services to some top legal players, so that may help you locate some good lawyers. For example, suppose you need a lawyer to help you with articles of incorporation for your small business. A financial professional may be able to help you with that. The people in business who regularly deal with the law likely have a more informed opinion about lawyers than other people would.

Find the lawyer who is best for your situation is likely to take some time. Nonetheless, it is preferable to search carefully and find the right lawyer instead of just picking one at random. Use the tips above to assist you with locating a good lawyer who has your interests in mind.

Choosing a Criminal Law Firm

Any criminal law firm can handle smooth transitions and legal issues on all criminal related negotiations, but choosing the right company and solicitor can make all the difference in having a legal situation swing in your favor. If your charges are severe, the very least an experienced criminal law solicitor can do is to negotiate for the charges to be reduced. If you are charged with a criminal offense make sure you do not panic and choose the first criminal law firm that makes you inspiring promises. Take the time to check and choose carefully. Choosing the right firm will ensure the best outcome for your case.

The first thing to do when choosing a criminal law firm or solicitor is make sure that you check up on their credentials and find out their success rate on cases. A seasoned criminal solicitor should have an excellent track record and will possess client references. Ask to see their qualifications and references, discuss with them their rates, and ask them how much time will be dedicated to your case. Find out what their experience level is and their proposed plan of action. They should be able to discuss the facts of your case and what additional services they think you may require, and will be able to advise you on the best approach to take. Make sure you gel with your solicitor and feel comfortable in their presence. You should feel that they have your best interests in mind.

With regards to payment, if you find yourself in a difficult financial situation, find out if there are any government subsidies to help you pay the fees for your solicitor. Your solicitor will be able to advise you in this. Ask your solicitor for a retainer agreement so you have a better understanding of the up-front costs you will be required to meet. Try to generate or find the funds for hiring the best solicitor possible, as it will make a significant difference to your case.

If you are found guilty of a criminal offense, your choice of criminal law firm and criminal solicitor is paramount in ensuring you receive the best defense and outcome. Depending on how severe your charges are, you may potentially be facing jail time, significant fines and may lose assets. An experienced criminal defense solicitor with a successful track record in litigation and extensive court experience could save you years of grief.

Additionally it is always a good idea to choose a criminal solicitor that has a good rapport with the prosecuting attorney. If there is good communication between the solicitors it will help negotiations to run more smoothly.

A good criminal law firm will have a team of solicitors that are experienced within a variety of different criminal laws. They will normally have solicitors who practice in specialized fields, such as traffic lawyers, sex offence lawyers, and drug offence solicitors. Make sure you find out which field your solicitor is more experienced in and make sure you choose one with the most relevant experience to your case.

Criminal Law Marital Coercion

Though the terminology used by judges and writers is by no means uniform, the term €coercion’ is generally reserved for a special defence that was available at common law only to a wife who committed certain crimes in the presence of her husband. It was then presumed that she acted under such coercion as to entitle her to be excused, unless the prosecution was able to prove that she took the initiative in committing the offence. The exact extent of the defence at common law is uncertain. It did not apply to treason or murder; Hale excluded manslaughter as well and Hawkins ruled out robbery.

Earlier authorities allowed the defence only in the case of felonies but later it seems to have been extended to misdemeanors- but excluding brothel-keeping; €for this is an offence touching the domestic economy or government of the home in which the wife has a principal share’.

Various theoretical justifications were advanced for this rule- the identity of husband and wife’s subjection to her husband and her duty to obey him- but practical reason for its application to felonies was that it saved a woman from death penalty when her husband was able, but she was not, to plead benefit to clergy. This reason disappeared in 1692 when benefit of clergy was extended to women, yet the rule continued and its scope increased.

In 1925, however the presumption was abolished by the Criminal justice Act 1925.

Any presumption of law that an offence committed by the wife in presence of her husband is committed under the coercion of the husband is hereby abolished, but on a charge against a wife for any offence than treason or murder, it shall be a good defence to prove that the offence was committed in the presence of, and under the coercion of the husband.

At first sight, it would seem that all parliament has done is to shift the burden of proof. But there are difficulties about this, for the question at once arises, proof of what? And it is not very easy to answer. Coercion at common law was really a fiction applied when the wife committed a crime in the presence of her husband and there was no evidence of initiative by the wife. The common law gives little guidance as to what is required now coercion is a matter of affirmative proof. A case of procuring a passport by deception, the court said that the wife must prove on the balance of probabilities that her will was overborne by the wishes of her husband so that she was forced unwillingly to participate in the offence. Neither physical force nor the threat of it is required.

Types of Criminal Law Crimes

In criminal law, there are three major categories that crimes may fall under: felonies, misdemeanors, and infractions. Though the crimes and punishments that fall into each category may vary by state, it’s important to understand what each category entails and what it could mean for you or a loved one.

<b>Felonies</b>

Felonies are the most serious types of crimes that a person can be charged with, resulting in more serious punishments and longer jail time. Crimes that fall into this category can include murder, robbery, DUI, and domestic violence, among other offenses. If you are charged with a felony, the specific line of punishment you receive depends largely on your specific case. Felonies are typically divided according to whether people or property is threatened, and most states classify felonies as crimes that carry with them a minimum jail time sentence of more than one year. In some jurisdictions, a felony may be punishable by loss of voting rights; exclusion from purchase/possession of firearms, ammunition, and body armor; ineligibility to run for public office or serve on a jury; and, for severe crimes like murder, a guilty felon may receive the death sentence.

<b>Misdemeanor</b>

Misdemeanors are less serious than felonies, carrying with them less severe punishments and oftentimes including a fine. Jail time typically is under a year, though cases can also be resolved with probation, community service, or treatment programs, depending on the crime and ruling. Similar to felonies, misdemeanors are divided depending on whether persons or property is threatened. Crimes against persons include assault, disorderly conduct, DUI, indecent exposure, and prostitution, among other crimes. Misdemeanors against property include theft, trespass, and vandalism. If you are charged with a misdemeanor, chances are high that you will retain most of your rights, including the ability to serve on a jury and vote.

Infraction

An infraction is the least serious offense of the three categories. There is no jail time associated with an infraction; instead, punishment usually includes fines and, in some cases, points against your driving record. Types of this offense include jaywalking, speeding tickets, not wearing a seat belt, littering, and disturbing the peace. Infractions are also known as traffic misdemeanors and can be added to your driving record. You are issued a ticket with an infraction that details your rights as the accused and how to pay for your ticket, which you can either pay or dispute. If you do not perform any action by the ticket’s deadline, however, a default judgment can be ruled and your driving record may suffer. The best thing to do is to deal with them promptly.

 

Contract Law In The Kingdom Of Thailand

A contract is an exchange of promises between two or more people for a particular purpose. It is a legally enforceable agreement that generates a commitment to do or not to do something. The central part of most contracts is a set of shared promises. The promises are made by the parties that describe the privileges and obligations of the parties. The term ‘party’ can mean an individual, company or corporation. No matter what kind of contract you take, having an understanding of contract law is a central part to establish sound business agreements that will be lawfully enforceable in the event when a clash arises.

In Thailand, the contract law is controlled by the Thailand Civil & Commercial Code (TCCC) and other Thai legal authorities. The contract is a comprehensive description of the obligations and duties and the time limit for performance of the parties. The law gives the parties comparatively broad freedom to agree any terms. The general rule of contract under the TCCC is that the contract is binding and concluded where the offer is accepted and the recognition is communicated from the offeree to the offeror. All contracts should be given in the form of a written document signed by the two parties. One of the major risk areas is that the laws especially restrict activities of foreigners, such as the Foreign Business Act and Land Act.

As in any common law system, concluding a contract requires offer, acceptance, formality, consideration and intention to create a legal relationship. The contract encompass terms that are expressly agreed upon by the people as well as implied conditions that were not particularly arranged but implied into the contract by act or court explanation. In general, implied terms may not be inconsistent with the express terms of a contract. At common law, courts would usually imply a term into a contract if it is necessary to provide effectiveness to the contract from a business point of view.

Actually there are two different areas where the place of the contract becomes important. The foremost is the selection of law clause. It describes the law of which nation will apply. The second is the choice of forum clause that specifies which nation a complaint may be filed and a legal case may be enforced in court. Notice of the terms must be given at or before concluding the contract. The terms must be referred to or contained in a document that was projected to have contractual effect; and reasonable steps must be taken to bring the terms to concentration of the other party.

The TCCC states that the laws of that country will apply if the parties are of the same nationality. However, if the parties are not of the same nationality, the law of the country where the contract has been made will apply. For instance where a contract has been made between parties at a distance, the country where the contract is deemed to have been made is the country where notice of the acceptance reaches the seller. If such a place cannot be determined, the law of the country where the contract is to be performed shall govern.

Agreements between foreigners and Thai nationals are enforceable in Thailand. Real estate, purchase and sale of property, hotel and property management, guarantees, construction are the important contracts that are entered into between foreigners and Thai partners. Shareholder agreements, employment, trust agreements, loan, joint ventures, franchising, licensing and distributorship are other types of contracts that are found to be very common. According to TCCC, if a contract of sale is subject to a time clause or to a condition, the ownership of the property is not transferred until the condition is fulfilled, or the time has arrived. The completion time of the contract of sale is referred to hereafter as the time of sale. The costs of a sale contract are paid by both parties equally.

If a disagreement over a contract arises and informal attempts at resolution fail; the most common method used to enforce contracts and resolve contract disputes is through the court system and lawsuits. Courts and formal lawsuits are not the only option for people and businesses involved in contract disputes. The parties can have a mediator to review a contract dispute, or may agree to binding arbitration of a contract dispute.

A professional personal injury lawyer can help you in several legal matters

If one is struggling with legal issues like criminal defense, personal injury case or criminal defense, should find a reliable law firm who provides effective solutions to the people. The need of the hour is to search for a good law firm. In a human life, injuries can happen anytime and anywhere. Other times, accidents can occur because of road accidents as well. If you just met with an accident, you should opt for a reliable personal injury lawyer who is able to provide you your rights and protection as per your needs. The experienced lawyers are able to help victims to oppose against the indemnity society to get what’s rightfully theirs.

With the help of the internet, one can attain numerous service providers who can deliver you effective law solutions and strategies to the people at budget friendly prices. However, the most reputable and a diligent law firm renders top class methods and solutions for your legal issues in the most beneficial manner. With their professional team of experts, juries, prosecutors, judges and attorneys, they have committed their time in dealing with your case in the most legal way that you won’t find anywhere else. Throughout the years, the firm serves its essential amenities to all over Texas, Lubbock and the surrounding areas as well.

In addition, the company has excelled in giving essential services to the clients such as criminal law, personal injury, workplace injuries and workers compensation, industrial accidents, auto accident and truck wrecks, family law and social security law. Yet, their passionate and dedicated lawyers, deals with every range of cases ranging from assault or drug possession to murder. They believe in giving positive yet glorifying results to the people. Thence, the Criminal defense attorney Lubbock focuses over several matters such as drug possession, theft & burglary, felonies and violations, parole and probation violations, traffic and alcohol infractions.

Nonetheless, for any of your legal proceedings, contact their Attorney Lubbock and receive a free consultation with their dedicated professionals. If you met with an accident, and needs a reliable destination where you can rely upon easily, then this is the ultimate location for all your needs. In personal injury, they cut through subjects like auto accidents, auto, inn fields, truck, wrecks, motorcycle accidents, brain injuries, wrongful death and child injuries as well. For more information gathering, please visit their online website and you will be responded as soon as possible.

The Most Common Law of Attraction Mistakes

I want to personally greet you and say hello! My name is Randy Naimo. I used to be a steel worker and was injured on the job. I lost my home and woman. I lived in a tent for some months on the beach at Hammonassett State Park in Madison Connecticut. While I was there I was struggling to finish my paralegal schooling. I lost my home right before the last few weeks of school.

One night in my tent, I looked up at the stars and decided this would be as low as I go. Little did I realize that the law of attraction was with me. I had unequivocally made the choice to succeed. Things started to change. This is the first lesson. Make up your mind for change. You must believe within your inner being things will change. However slowly they will change for you.

Patience is the second lesson. You cannot expect things to happen immediately. This is a known fact. Do people experience immediate results with manifestation. Yes, but that is not the normal time frame. The more patient you become the better you can work the law of attraction in your favor. Getting upset and frustrated will only hurt you energy not help it.

I understand this is easier said than done BUT that one key separates the top five percent from the rest. Never Give Up, no matter what and It Will Happen For You! Sometimes you are tested in your belief by bad circumstances. Brush them off and soldier on.

I believe this is the problem most people have with the law of attraction and making it work for them. One thing i always say is if you can believe you will achieve. I feel that one personality trait is what sets apart the top 5 percent in this country. The law of attraction works for them, even if they don’t believe in it. They believed in themselves. Ego sometimes gets in the way of facts, as we all have seen many times in our lives.

The last mistake and the hardest in my opinion to over come is the attitude of gratitude. I used to be very negative and hateful. That got me in a tent and homeless. Don’t make the same mistakes as I did. Be grateful for what you have. if you are reading this article, you have power and shelter if nothing else. There are many out there with less than what you have.

I embolden you with the power to make a positive change in your life, good luck and and much perseverance!

 

Criminal Law : Your Constitutional Rights

Overview

Every saint has a past and every sinner a future. Criminal law takes cognizance of this universal truth and every accused is provided with ample rights while deciding whether he/she has committed any offence. Prosecution guidelines provide for certain procedural niceties to be extended to a person accused of crime. After all, the law intends to punish the crime, not the criminal. Adversarial system views crime as a wrongdoing against the state and not against a particular person. The interests of the state are represented by the prosecuting attorney. As such, law views the offender sympathetically and treats him/her as innocent until proved guilty and passes the burden of proving the case to the prosecution. The defendant has a right to be presumed innocent unless and until the State has proven each and every element of the crime beyond a reasonable doubt. Thus, for instance, if a culpable mental state is required to prove a crime, the prosecution must prove that it existed at the time of commission of the offence.

Constitutional Rights

The United States Constitution guarantees a wide array of rights to the criminal defendant from the time of arrest through the trial proceedings. These include: the right to be free from any unreasonable search and seizure, to remain silent, to be tried before a judge or a jury, to summon witnesses and compel their attendance to testify on behalf of the defendant, and to confront and cross-examine any witness the State may call. The defendant in a criminal case has a right to a speedy trial and to be represented by an attorney and is entitled to have an attorney appointed by the court, if the defendant is unable to afford one. The defendant also has a right to consult an attorney or family members before pleading guilty or not guilty before the court.

The criminal proceedings begin by the initiation of a complaint by the purportedly injured person, the complainant. The police investigate about the complaint. A formal charging document called a complaint or an indictment brought by a grand jury is filed with a court in the proper jurisdiction.

The Right to Speedy Trial

The Sixth Amendment of the Constitution guarantees a criminal defendant the right to a speedy and public trial, in both state and federal courts, which means that the proceedings are to be completed within a reasonable time after the person being arrested. The defendant has a right to be informed of the nature and cause of the accusation. The Sixth Amendment also guarantees a criminal defendant the right to be tried before an “impartial jury,” which will consider the evidence against the defendant and decide whether to find him/her guilty. In almost all states, the concurrence of twelve jurors is necessary in order to find a defendant “guilty or not guilty.”

Right to be Free from Unreasonable Search and Seizure

Fourth Amendment to the U.S. Constitution guarantees the defendant the right to be free from any unreasonable search and seizure. The quintessence of the Amendment is that “every man’s house is his castle” and the rights to be secured in their persons, houses, papers, and other property, from all unreasonable searches and seizures, shall not be violated by warrants issued without probable cause.”

Privilege against Self-incrimination

The defendant is entitled to a right under the Fifth Amendment to the U.S. Constitution to remain silent during the trial. In other words, the accused person can refuse to answer any questions or make any statements, if such answers or statements establish that the person committed a crime or is in any way connected to some criminal activity. As already mentioned above, the burden of proof of a crime is on the prosecution. However, no one including the prosecutor, the judge, and even the defendant’s lawyer can force the defendant to be a witness against himself/ herself if the person declines to do so. Furthermore, when a defendant exercises his or her right not to testify, the jury is not permitted to take such denial into consideration when deciding the question of liability. Thus, this is a prominent privilege to the criminal defendant. Nevertheless, the defendant cannot selectively answer questions that go against him/her. Once a defendant decides to testify at trial, he/she cannot ordinarily choose to answer some questions but not others. It is to be noted that the Fifth Amendment privilege does not apply when a defendant is fingerprinted, or made to provide a DNA sample in connection with a criminal accusation. Like a criminal defendant, witnesses are also entitled to refuse to answer certain questions by asserting their Fifth Amendment rights. However, this right is not extensive as that of the criminal defendants.

Conclusion

A criminal defendant is presumed to be innocent and accorded all humane considerations during the trial. Justice is not a one sided notion favoring the victim, but it looks at the accused person from a reformative angle. The punishments accorded to the criminal defendant are meant to reform the person and not a retributive measure. As such, in the pursuit of justice, law takes in to consideration, the rights of the accused.

Mr. Smith is a renowned Florida criminal defense attorney . The knowledge, experience, and killer instincts J. Layne Smith has honed over years of civil and administrative trials in insurance related cases makes him force when defending white collar crimes. Simply put, prosecutors do not have the background and depth of understanding Mr. Smith has, and he uses that advantage to the fullest extent, for your benefit.

Overview

Every saint has a past and every sinner a future.  Criminal law takes cognizance of this universal truth and every accused is provided with ample rights while deciding whether he/she has committed any offence.  Prosecution guidelines provide for certain procedural niceties to be extended to a person accused of crime.  After all, the law intends to punish the crime, not the criminal.  Adversarial system views crime as a wrongdoing against the state and not against a particular person.  The interests of the state are represented by the prosecuting attorney.  As such, law views the offender sympathetically and treats him/her as innocent until proved guilty and passes the burden of proving the case to the prosecution.  The defendant has a right to be presumed innocent unless and until the State has proven each and every element of the crime beyond a reasonable doubt.  Thus, for instance, if a culpable mental state is required to prove a crime, the prosecution must prove that it existed at the time of commission of the offence.

Constitutional Rights

The United States Constitution guarantees a wide array of rights to the criminal defendant from the time of arrest through the trial proceedings.  These include:  the right to be free from any unreasonable search and seizure, to remain silent, to be tried before a judge or a jury, to summon witnesses and compel their attendance to testify on behalf of the defendant, and to confront and cross-examine any witness the State may call.  The defendant in a criminal case has a right to a speedy trial and to be represented by an attorney and is entitled to have an attorney appointed by the court, if the defendant is unable to afford one.  The defendant also has a right to consult an attorney or family members before pleading guilty or not guilty before the court.

The criminal proceedings begin by the initiation of a complaint by the purportedly injured person, the complainant.  The police investigate about the complaint.  A formal charging document called a complaint or an indictment brought by a grand jury is filed with a court in the proper jurisdiction.

The Right to Speedy Trial

The Sixth Amendment of the Constitution guarantees a criminal defendant the right to a speedy and public trial, in both state and federal courts, which means that the proceedings are to be completed within a reasonable time after the person being arrested.  The defendant has a right to be informed of the nature and cause of the accusation.  The Sixth Amendment also guarantees a criminal defendant the right to be tried before an “impartial jury,” which will consider the evidence against the defendant and decide whether to find him/her guilty.  In almost all states, the concurrence of twelve jurors is necessary in order to find a defendant “guilty or not guilty.”

Right to be Free from Unreasonable Search and Seizure

Fourth Amendment to the U.S. Constitution guarantees the defendant the right to be free from any unreasonable search and seizure.  The quintessence of the Amendment is that “every man’s house is his castle” and the rights to be secured in their persons, houses, papers, and other property, from all unreasonable searches and seizures, shall not be violated by warrants issued without probable cause.”

Privilege against Self-incrimination

The defendant is entitled to a right under the Fifth Amendment to the U.S. Constitution to remain silent during the trial.  In other words, the accused person can refuse to answer any questions or make any statements, if such answers or statements establish that the person committed a crime or is in any way connected to some criminal activity.  As already mentioned above, the burden of proof of a crime is on the prosecution.  However, no one including the prosecutor, the judge, and even the defendant’s lawyer can force the defendant to be a witness against himself/ herself if the person declines to do so.  Furthermore, when a defendant exercises his or her right not to testify, the jury is not permitted to take such denial into consideration when deciding the question of liability.  Thus, this is a prominent privilege to the criminal defendant.  Nevertheless, the defendant cannot selectively answer questions that go against him/her. Once a defendant decides to testify at trial, he/she cannot ordinarily choose to answer some questions but not others.  It is to be noted that the Fifth Amendment privilege does not apply when a defendant is fingerprinted, or made to provide a DNA sample in connection with a criminal accusation.  Like a criminal defendant, witnesses are also entitled to refuse to answer certain questions by asserting their Fifth Amendment rights. However, this right is not extensive as that of the criminal defendants.

Conclusion

A criminal defendant is presumed to be innocent and accorded all humane considerations during the trial.  Justice is not a one sided notion favoring the victim, but it looks at the accused person from a reformative angle.  The punishments accorded to the criminal defendant are meant to reform the person and not a retributive measure.  As such, in the pursuit of justice, law takes in to consideration, the rights of the accused.

A Tough Brooklyn Criminal Lawyer And The Visions

Crimes are everywhere, so people must be aware that there are ways on how you can avoid all these stuff. However, for people that are facing criminal charges, it is very significant that you must hire for the best and experienced Brooklyn criminal lawyer. Hiring one of them can be the best solution and giving a chance to help you defend yourself thus receiving favorable decision. Keep in mind that when you are with criminal cases, it is always the lawyer your defense. Keep in mind that never says anything before your Brooklyn criminal lawyer arrives. If necessary, you need to hire a lawyer to defend yourself in front of the court. Hiring one of the excellent lawyers must have an in detailed knowledge and having full experience to handle various similar cases. Keep in mind that a good and well versed Brooklyn criminal lawyer can handle different types of criminal cases.

An excellent way of finding Brooklyn criminal lawyer is through getting certain referral. You can get referrals from your friends and relatives. Either, you can try selected websites or companies providing referrals of the excellent lawyers within the nearest place. The World Wide Web is the best way to find the well versed and experienced lawyers; just look for their websites and you must read their portfolio. Through contacting them and tell them about your case, they will determine what type of Brooklyn criminal lawyer will be suited in handling your case. Online searching is definitely not costly and it is very practical. The most important thing, one is rest assured that the Brooklyn criminal lawyer you have chosen is truly best for your criminal case. Furthermore, referral sites and online directories are very useful nowadays. With this, people cannot only save their time but their money too. Getting lawyer through online is affordable but it is a good decision since you hired one of the best lawyers all over the world.

In addition, a Brooklyn criminal lawyer is indeed dedicated to serve people with their experienced and skilled capabilities. Lawyers in Brooklyn are very aggressive in every criminal case they are handling such as dealing with domestic violence, police brutality, election law, drug charges and DWI. Since they are focusing with criminal defenses for numerous years, they have in-depth understanding for the various factors that concerns their criminal cases. Most lawyers are using their understanding and valuable strategies. In addition, their experiences and insights are all being used gaining further favorable judgment. Brooklyn criminal lawyer do have sophisticated approach every cases they are handling thus looking for all possibilities of getting defenses, plea negotiations and alternatives to keep from getting long term jail and reducing your criminal charges.

Additionally, Brooklyn criminal lawyer offers initial consultations free. You can discuss thus finding out your prospects’ concerns to have the necessary damages for any incidents as you are the victim. Therefore, these lawyers give legal counseling and advice to certain person that caught with criminal charges. Thus, they will guide and help you get lots of decisions and acquiring all the required documents related with the case.

Understanding Criminal Law

Criminal law can be a frightening thing that has far-reaching consequences. This area of law specifically deals with conduct that is dangerous to citizens or damaging to society, resulting in punishment by fines, imprisonment, or various other crime-specific sentences. Crimes and punishments vary by federal, state, and local governmental levels to certain degrees, but certain factors remain the same regardless of the jurisdiction the crime falls under.
Types of Criminal Law
While civil law may be enforced by private parties, criminal is enforced by the state and does not concern disputes between individuals. It is divided into three major categories: felonies, misdemeanors, and infractions. Felonies are the most serious type of criminal law and can result in serious punishments. They can include murder and robbery offenses. Misdemeanors, on the other hand, usually receive less than a year in jail and a fine and include DUIs and theft. Infractions are non-violent crimes and result in fines and possibly points on one’s driving record, including speeding tickets and parking tickets.
Being the Defendant
In criminal law, the person who is charged with the crime is the defendant, while the governmental body that pursues the charges and is represented by an attorney is the prosecutor. As the defendant, you have the option of being represented by an Arizona criminal defense attorney or having one provided for you by the court. With any criminal law case, it is important to work with an experienced attorney so that you may receive the best chance of having a successful trial.
It may seem overwhelming at first to think that you may need an Arizona criminal defense attorney, but you want to find someone who has plenty of experience in dealing with cases similar to your charges. It’s in your best interest to hire an attorney who will work diligently towards getting your charges reduced or even dismissed – but that’s not all. Choose an attorney who can and will provide you with the tools you need to change your life.

Washington Employment Law – At-Will Employment

One of the most common questions people ask me is whether or not they are protected against being fired for no reason. Because the overwhelming majority of Washington state residents are at-will employees, the answer is usually that they are not protected, unless the reason for termination goes against a protected right of the employee. Here is some basic information about at-will employment and what it takes to be considered a wrongful termination case.

At-Will Employee- A Definition

While signing an employment agreement, most people just glance over the information, not really taking the time to decipher the information inside. For the vast majority of workers, the agreement will state that they are at-will, but what exactly does this mean? Here’s the simple definition of at-will employment: “A common-law rule that an employment contract of indefinite duration can be terminated by either the employer or the employee at any time for any reason; also known as terminable at will.” In a nut shell, an at-will employee can end their employment at any time, but can also be terminated at any time for any reason. You can easily see where problems may arise with an at-will employee as they can be terminated on a whim simply because the employer doesn’t like the employee’s hair style or their favorite sports team. Even if you do not sign an employee contract stating that you are an at-will employee, if you are not hired on a contract bases it is assumed by the state that you are at-will. Not only can at-will employees be fired at any time for any reason they can also have their hours, job description, position title and salary changed at any point in time with little notice and with little protection from the legal system.

So How Do I Know If I Am At-Will?

Two types of employment exist in the United States: at-will employees and contract employees. The basic difference is a contract employee has a set agreement specifying the duration of employment or that the employee must have just cause for dismissal while an at-will employee does not. As mentioned earlier, most workers in the United States are at-will employees, but how do you know if you are an at-will employee. Generally speaking, if you have not signed a contract which states that you will not be fired without just cause you are assumed by the state to be an at-will employee. For most employees, the employee contract specifies which type of employee you are.

Does Being an At-Will Employee Ruin my Wrongful Termination Case?

While many people believe that being fired without any reason makes it a case of wrongful termination, it is actually much more complicated than that. In order to have a wrongful termination case, you must be fired for something that is legally protected. These protections include: discrimination, retaliation, refusing to do illegal acts, taking a protected absence from work and if the termination is in violation of a contract.

Discrimination: An employer cannot discriminate against an employee or fire them for their race, gender, age, religion, disability status, pregnancy status or, in many places, their gender identity or sexual orientation.

Retaliation: An employer cannot fire an employee as a means of retaliation for the employee exercising a right such as notifying the health department of issues within the company.

Refusing to Do Illegal Acts: An employee may not be fired for refusing to partake in illegal acts. If you refuse to violate safety, or health laws your employer is not able to fire you.

Taking a Protected Absence: An employer cannot terminate employment for an employee taking time off for military service, maternity leave or voting.

Breach of Contract: If a contract is in place, an employee cannot be fired without reason. This can be either a verbal or written contract. What Do I do If I’ve Been Wrongfully Terminated? If you have been terminated for a reason listed above, do not wait to contact an experienced wrongful termination lawyer as there is limited time for you to make your claim.

How to start a bail bonds process and get a loved one out of jail fast from any Los Angeles County Jail

Starting a Bail Bonds process in Los Angeles California can seem a bit scary. Big Boy Bonds 1(818)244-3389 is here to help you through the process step by step. We are located at 6225 Van Nuys Blvd, Los Angeles CA. As licensed bondsman serving the state of California, I have met many people from all walks of life. And we all know that people make mistakes, and most mistakes are forgivable. Usually when you find yourself in trouble, the first person you contact is a family member. You must understand that receiving this type of a phone call, can be a very scary for the person on the other end.

Most people are not accustomed to dealing with bail bond companies, or jails in Los Angeles California. Therefore when you do make this phone call, you must explain to your loved one how they can help you get out of jail fast.You want to instruct your family number to call a reputable bail bond company, that has high ratings on Yelp or Google reviews such as Big Boy Bail Bonds, Inc In Los Angeles CA. http://www.yelp.com/biz/big-boy-bail-bonds-inc-los-angeles-2 . Making sure that you’re calling a Los Angeles Bail Bonds company that has a good reputation is a very important step. Once you are able to get a hold of a bondsman, that you feel is friendly and has enough knowledge to make you feel at ease. You will most likely be instructed by the bondsman, to provide the inmate’s first name, last name,middle name and date of birth. Once you provide the correct information, to the bondsman he or she will call the local jail, to get full bail information on the inmate. The information will include the criminal charges,court date, and the court location.

As soon as the Los Angeles County Jail says that it is OK for the inmate to post a bail bond. Your bondsmen is allowed to go to the jail and turn in the paperwork for your release. Before any bail bond company in Los Angeles agrees to post a bond. They will they will require you to bring in two forms of ID, a California ID card or social security card, and proof of residency. Once you have filled out your bail bond application, and has passed underwriting guidelines. You will then the allowed to have a bond posted on your behalf.

Introduction to Common Law Marriage

A number of jurisdictions also require couples to cohabit and stay together as husband and wife for a length of time, before the state recognizes the common law marriage. Common law marriages are not allowed if one or more of the parties involved are not yet divorced or are still civilly married. Exceptions are applied to Saskatchewan, Canada.

More Terms and Conditions

Common law divorce does not exist. As soon as the marriage is considered valid by common law or statute, the marriage is binding and can only be cancelled through legal means in a probate, pertinent trial or family court. A new provision was made in the Family Code in Texas, USA. The parties involved should file an action, 2 years after they separate to show that the common law marriage happened. The separation should have happened after September 1, 1989 to apply the provision.

The term common law marriage has been widely used in different parts of the world as well. In most cases, this is considered by many as domestic partnership. Other terms that are also synonymous include conjugal union, domestic partnership and civil union. Some relationships are considered illegal, because some policies and regulations were violated.

Criminal Law Resources in the Biggest City of Texas

Criminal law resources in the biggest city of Texas are plenty. Houston criminal attorney resources are hired by the people of the state. These lawyers are extremely skill full and they are very knowledgeable. They known the ins and the outs of the legal profession and they are consulted by the people, the government and the courts.

Houston criminal attorneys entail following key features and characteristics within their ranks;

Criminal law is not like other laws. When a criminal offence occurs the state gets involved and it generally affects the peace and the tranquility of the society.

Criminal acts are also not covered under the limitation act and hence, people with criminal offences can be tried at any time during their lives and afterwards.

The case is pleaded in between the state and the accused. The victim or the aggrieved party can also participate in the case with the state or the government. It happens so that police generally registers the case when a criminal act is performed. After registration the case is investigated by the police. Later on the case is transferred to the public prosecutor of the state whose office takes the lead and pleads the case on the behalf of the state government. The accused usually hires his or her own attorney, if he is unable to do so the state provides the attorney to the accused.

The victim may also hire a lawyer in this respect. The victims lawyer works with the states lawyers to prosecute the accused. The city of Houston house quality professionals. They are utilized by the accused and the victim to the fullest.

Criminal law is a special field which requires skills and experience. Serious investigative skills are also required from time to time by the lawyer. These skills are hard to perfect and require time and effort on the part of the lawyer and the professional.

Houston criminal defense lawyer are hired by the accused. The objective of the defense always is to prove innocence. If innocence can not be proved than the lawyer goes for bargaining with the state and makes sure that minimum sentence is performed by the client.

These days quality online resources are also used in getting criminal advices. These resrouces are also provided to the client free of charge. It happens so that one can register with a legal online portal or social media. He or she can make a topic for discussion and the lawyers and the learned legal people discuss amongst themselves for the case.

The merits and the demerits of the case are discussed and possible options are given to the client.

Online payment services can also be used in this respect and second opinion can also be used by the client to the fullest. The best thing about the online legal help is that no names are shown.

Common law FAQ

2 classes of citizenship in US.Why aren’t most folks aware they’re ‘defacto’ citizens? Not common law citzs.
#1 Article IV,section 2 of US constitution (de-jure) rightful CommonLaw Citizenship; #2 14th amendment of US const.(defacto)as a matter of fact although not rightful,citizenship created for emancipated negro slaves allowing them also federal benefits.Why did everyone become deFacto citizens and waive their.

Do Jurors have the right to judge the law as well as the facts in a case?
They sure do.When the U.S. Constitution recognizes the right to the trial by jury, it provides the common law trial by jury. This applies to both criminal law and to civil law suits ‘according to the rules of the common law’.

Marriage laws what is it and why do we have them?
Marriage licencse are regarsterd by law why is that? Marriages under the common law (the law from England and the Middle Ages), were essentially contracts. Marriages were very important. Land, money, alliances, goods, soldiers, and ships would be exchanged between families as part of a marriage. Some people.

Mrs Smith’s legal argument for her claim would be under common law?
Mrs S drives into the entrance of Watson’s multi–story car park at 4.55 pm. She takes a ticket from the dispensing machine. This ticket has printed on it a black metallic strip that records the time, and the legend: “By accepting this ticket the holder is bound.

On what reasonable grounds can you object to planning permission?
Hi, You can object on the grounds of denying you the common law right to light. i.e the new building blocks your window. The building design is not in keeping with the area. The land on which it is built has a restrictive covenant preventing building on the.

Statutory law?
is statutory law law that is passed by congress, state, and local governments? thanks Yes. There is also ‘common law’. Common law is law that was created over time by the courts. In some areas of law, in some states, common law has been replaced by statutory law. For example, in most states, there is no common.

Sueing someone for abuse and harassment?
My ex boyfriend has dragged me through the dirt for the past 8 months. He claimed we were common law married and we weren’t. I had a crappy attorney at the beginning and had them recused and now i have a really great attorney. I haven’t talked to my attorney yet about my.

The common law duty of skill and care owed by a director to his company adequately protects members. discuss?
The duty owed by directors of a company to the members (shareholders) is also a fiduciary one as they are acting to control the company to the shareholders benefits. xxR – Errm .. sorry .. but you have put.

‘The rule against past consideration is an imposition of common law’. Discuss?
A promise cannot be based upon consideration that was provided before the promise was made. For example, if X promises to reward Y for an act that Y had already performed, the performance of that act, while good consideration for the promise to be rewarded for.

True or false : A crime is always a violation of federal law.?
FALSE: It might be a violation of municipal, county, state, tort or common law. – false. a crime can be a state violation. it does not mean it is a federal crime. state laws are not federal laws. – Untrue..states, counties and cities make and.

What are main three difference between common law and equity law.please define with examples.?
You should not board a ladies compartment in the Train. This equity has been granted to female boarders. You should address Ladies & Gentlemen – this equity has been granted to ladies. Ladies are defined as ‘weaker’ section of the society. This enable ladies.

What does Common law husband and wife mean?
Not legally married? I really need some help to fill out a government application. So How do I know what common law husband means? In the state of Texas if a couple holds themselves to be married to the public and if they live with each other as a married couple.

What does no contest mean in law?
It is a common english translation of ‘nolo contendre.’ In criminal trials in some common law jurisdictions, a plea of ‘nolo contendere’ means that the defendant neither admits nor disputes the charge, and is an alternative to pleading guilty or not guilty. This is also called a plea of no contest,.

What happens when Someone dies intestate?
Depends on the jurisdiction. Hire a lawyer and find out. At common law everything went to the English king, unless given to an heir. In Roman times, a will was made, if you were rich and had something to give. If not, well it went to whoever was strong enough to keep.

What is difference between equity and common law?
English Common Law are the set of laws based on traditions created before and during the middle ages. As such, they often deal with nobility and other outdated traditions. But it also hands us traditions such as the jury system, search warrants, and many trial elements. These elements will later.

What is the difference between common law and civil legal systems?
There are too many differences to count, but they are the two most common legal systems in use in the west. I noticed many people answering this question with the assumption that you are talking about two facets of the American legal system, but this is a.

What is the difference between common law rights and statutory rights?
Common law rights are found in past case decisions..i.e. where a judge decided on a case and at the same time set a legal precedent, this is commonly known as case law or stare decisis. Statutory rights are found in legislative statutes written by local, county, state,.

What is the difference between common,criminal,civil and case laws?
Common Law: In UK common law is one of the main sources of law. This term is used to denote rules derived from decisions of superior courts in contrats to those derived from statutes. Common Law included rules of precedents,customs and ancient legislations. Distinction between criminal law and civil.

Which is better for legal system?
civil law? common law? religius law? costomery law? Common law and civil law have done the job well in their countries. In some cases common law appears to be better especially economically. But civil law has got its advantages as well. Common law or law that is digested from judicial decisions need good.

Who is responsible for keeping tree limbs trimmed that hang into a neighbours yard?
The general common law rule is that you have no obligation to trim tree limbs that overhang your neighbor’s property. On the other hand they have the right to cut anything that hangs over their land. Common Law Exception: If you know your tree.

Can a person relinquish their U.S. Citizenship but maintain State Citizenship?
Trying to research information on any sovereign individuals left in the USA that are only responsible to common law or inalienable rights. Are there really 2 classes of individuals ‘U.S Citizens’ and ‘State Citizens’ According to the US Dept of State, one can relinquish their US Citizenship by.

Does Arizona state law regonize common law marriages?
Arizona has a specific statute relating to common law marriages: Arizona Revised Statute §25-111 states as follows: A. A marriage shall not be contracted by agreement without a marriage ceremony. B. A marriage contracted within this state is not valid unless all of the following occur: 1. A license is.

Common law?
is there a common law in the state of Louisiana? i need to know for a friend of mine she has lived with her man for over ten years and now their brakeing up for good. he is in jail and he has been really bad to her and now it’s over. so can you help me.

Does each state create its own body of common law?
Well. to answer your question accurately. No (but yes). The ‘common law’ is the law that has been passed down throughout the years, interpreted by the courts, and essentially adopted by each of the states. It also means that the judges are (generally) required to follow the decisions.

Does USA has a comman law maraige?
– yes.requirements vary from state to state – Different states have different laws. – some states recognize common law marriages, not here in Illinois anymore but there are still a few that do. – It is under state jurisdiction. Some states acknowledge it and the one’s that do set their own.

I need some info on common law, how can i get it done?
I would recommend going to a local law library (and local law school will have one) and using some of the treatises on law. Treatises give the generally accepted rules for the various issues in law and the notable exceptions to those rules. Additionally, they.

In a common law relationship, Upon separation what is the cheapest way to divide equity . I am not on deed.?
I am not on title to my home. My commonlaw boyfriend says it is half mine. I pay half the mortgage. Would like to know the cheapest way to secure myself incase of a seperation in future. Please.

In the United States, informing suspects of their legal rights during an arrest procedure is required as a res
In the United States, informing suspects of their legal rights during an arrest procedure is required as a result of a) customs adopted from English common law b) State legislation c) decisions of the United States Supreme Court or d).

Is Ca. a common law state?
are common law marriges recogized in Ca. No, it is not. Common law marriage is recognized only in the following states: Alabama Colorado District of Columbia Georgia (if created before 1/1/97) Idaho (if created before 1/1/96) Iowa Kansas Montana New Hampshire (for inheritance purposes only) Ohio (if created before 10/10/91) Oklahoma Pennsylvania Rhode.

Is she entited to house after 17 years?
Lived unmarried for 17 years in a state that does not recognize common law marriage, she wanted to depart I did not object, I own home, she never contributed financially to it, now I am being sued , she is saying she should be entitled to half the home. SOMEONE PLEASE.

Adultery Criminal Laws and Their Effects

Adultery is also known as philandery or infidelity is basically a form of extramarital sex. Originally it referred to sex between a married woman and another person other than her spouse. Illegal in some countries, its difference from rape is that while rape involves use of force; adultery is voluntary. Having a Judeo-Christian origin, the concept is present in almost all religious factions of the world.

Committing adultery brings up several consequences like an enraged spouse at home and possible dissolution of the family and supportive life. Despite the fact that such family and supportive life was built up with a lot of efforts on part of the couple involved, adultery can disrupt their life. On the other hand adultery criminal laws in force in the country where it is committed can bring up serious consequences for the offender. In any case it could constitute pertinent grounds for fault based divorce.

Legal consequences of adultery that is considered a criminal act, does not end with divorce alone. It could result in a civil lawsuit against the spouse committing adultery. Besides the emotional trauma as well as the fallout faced by the subjects of adultery and consequential criminal laws, they could even land up in jail serving punishment on criminal charges.

Scenario is however changing pretty rapidly. Only few states in United States have adultery statute in place. Many states on the other hand abolished the statute altogether. Of course the states like Florida are an exception that still considers the adulterer as criminal. Open adultery is still a punishable criminal offence in Florida . Unique feature of adultery criminal laws in Florida is that even though only one of the persons involved in adultery is married, both can be charged with criminal offences of open adultery.

Thus, in Florida a person guilty of open adultery can face imprisonment up to 60 days and fines up to $500. In addition such person will also have a criminal record adding insult to injuries. In result it would be difficult getting jobs, loans, and other such financial and career benefits.

People charged with commitment of adultery should consult an efficient and reputable criminal lawyer to get appropriate advice. Such lawyer would be the right person for protecting the civil rights of the client.

Employment Law and Equal Pay Act

The Industrial Revolution has brought radical changes in the working place. This historical phenomenon swept much of the world, especially Europe where it started and the Americas. One radical change it brought to the working place is the deterioration of working conditions as the number of workers or employees rose meteorically. In this regard, the government would need to pass laws protecting the rights of workers. These protective laws paved the way for the creation of modern employment law in the United States.

What is Employment Law?

The Employment Law protects employees or workers from any kind of mistreatment on the workplace. The poor working conditions that resulted from Industrial Revolution led to the creation of laws establishing fair wages, limiting the number of working hours in a week and prohibiting child labor. Other labor related laws also include laws regulating the cleanliness of the workplace, protection of employees from any kind of hazardous accidents.

Employment Laws have been passed standardizing the provision of benefits by the employers for the employees. Employment Law includes health insurance that benefits workers if medical problems arise due to poor work condition or unsanitary workplace. In addition, Employment Law also covers protection against discrimination in the workplace based on religion, race, gender and other factors.

Let us focus more on employment discrimination laws that protect employees from discrimination in the workplace. The US Equal Employment Opportunity Commission (EEOC) enforces several employment discrimination laws that protect employees from compensation discrimination. One of these laws is the Equal Pay Act of 1963. The passage of this law is milestone in labor history as it ensures that there shall be no wage discrimination based on sex in the workplace.

The Equal Pay Act

As stated above, this law requires that no wage discrimination shall take place based on gender. This law requires that men and women be given equal wage for the same work rendered in the same workplace. The jobs need not to be the same, but they must be essentially equal.

Further, the EPA states that it is not the job titles that matter in determining whether jobs are substantially equal but the job content. Men and women alike are protected by EPA as it prohibits unequal wages to both genders that perform a job that requires substantially equal amount of work, skill and responsibility in the same workplace and same working conditions. Pay differentials are only allowed when they are based on merit, seniority, quantity or quality of production or other factors than gender.

Employees expect that their employers will adhere to the Employment Laws discussed above. Moreover, basic standards of fairness in terms of employment decisions shall be observed in the workplace, like equal page for equal job for both sexes. Sometimes, however, these labor laws are not adhered to by employers. If you are a victim of unfair labor practice, do not hesitate to fight for your rights. An experienced civil rights lawyer or employment lawyer might help you build a strong case against your abusive employer.

Common Law – Protecting the Natural Rights of People

The Constitution of the United States is a common law document. It describes a Republic designed to uphold the natural rights of the individual citizen and the law of the land. Common Law derives its origin from the first historical human rights declaration, the Magna Charta, signed by King John of England in 1215, which enshrines the fundamental freedoms of Life, Liberty and Property.
Common law, also known as Natural or Constitutional law, is based on God’s law – the Ten Commandments and the Golden Rule – “Do unto others as you would have them do unto you”. Individuals are free to do as they choose so long as they honor their contracts and do not infringe on the life, liberty or property of someone else.
The Constitution mentions three legal jurisdictions in which courts may operate: Common Law, Equity Law and Admiralty or Maritime Law. Common law is applied in civil cases as a means of compensating someone for wrongful acts, known as torts, including both intentional and negligent torts, and resolving contract disputes.
A Common law court is a “Court of Record” whose proceedings are based on centuries of tradition, custom and precedent. It has an independent magistrate and conducts trials by jury. The law is simple to understand and is conveyed in language comprehensible to everyone. Individuals ‘present’ themselves and their case and counsel is not required to have a license. There must be an injured party to take any action, an individual cannot be ‘compelled to perform’ and violation of Common Law is punishable as a criminal act.
“Statutory Law” came into existence in 1938 when all the top American judges and US attorneys were informed that, since the United States had been declared bankrupt since 1933 and henceforth completely owned by its creditors (International bankers), the Congress, the Executive, the Judiciary and all the State governments were now under the control of these creditors. All courts were instructed to operate under Admiralty law, and would be called ‘Statute jurisdiction’. Prior to 1938 the US Supreme Court dealt in Common and Public law. After that date the Supreme Court dealt only with public policy in merchant admirality law – the law of commerce.
Much of the original US common law has been codified into Federal statute called the Uniform Commercial Code. The UCC is a standardized collection of guidelines that govern the law of commercial transactions. Common Law is complementary to and enforced by the UCC.
The UCC provides the individual the mechanism to choose between common law jurisdiction and statutory jurisdiction. It also states that failure to make a timely reservation of one’s common law rights results in the loss of those rights which can not be asserted at a later date.
Whenever you sign your name to something, it becomes a contract, and if it has a serial number on it, it becomes a debt to the government. To maintain your rights in common law, writing “without prejudice UCC 1-207” with your signature means you reserve your right not be to compelled to perform under any contract or commercial agreement that was not entered into knowingly, voluntarily and intentionally.
Writing “without prejudice” above your name makes the document inadmissible in a statute law court. It means you do not accept the liability of the compelled benefit of any unrevealed contract or commercial agreement. You retain your rights in common law that govern contracts, which states there must be an injured party. No injury, no case, case closed.

Criminal Law in Singapore – Be Aware Stay Safe

Tours and travel is a popular form of business in Singapore. It is one of the biggest revenue generators in the entire country.

Singapore has a number of great tourist places, which are visited by a number of travelers every year. In comparison to most of the Asian countries, Singapore is considered to be best for the travelers. Low crime rate, easy lifestyle, convenient travel options and affordable holiday options, everything constitute in making Singapore one of the best places to be traveled. However, there are a few things, which every traveler must keep in mind while traveling. Singapore has low crime rate, however it can be quite harsh for the travelers. You must keep the given things in view along with the criminal law of Singapore.

€ Stay agile in crowded places. 
€ Keep watch on your personal belongings.
€ Do not carry expensive things with you.
€ Do not travel all alone if you are not aware of the cities or parts of the country. 
€ Keep in touch with your country’s embassy.

Most of the travelers engage into buying counterfeit products from black markets. It is against the criminal law of Singapore. You can end up being arrested for buying such products and presented in front of the court of law. In case you have not done anything like this yet you are accused of buying illegal stuff, hire a good criminal lawyer to deal with the case. The lawyer should be aware of the Singapore law to represent your case properly.

However, Singapore is a modern country; it has strict law against inappropriate actions, behaviors and touching of men and women in public. You must not engage into anything, which you may think is normal but is against the law of Singapore. You can be tried for indecency in the court of law. Do not indulge or speak any inappropriate language. The act can end you up with two years of prison, deportation, fine or all of the above.

If you are planning to visit Singapore for drugs and weed, stay put where you are. Singapore has a strict law against drugs consumption, drug pedaling or any other activity related to drugs. The penalty can vary from a couple of years in jail along with fine to death penalty. It is advisable to read all the criminal laws of Singapore to avoid any unwanted condition. Be aware and enjoy the trip.

De Facto or common-law marriages in Thailand

A common law marriage, or ‘de facto’ marriage is basically a marriage that is recognized by law as a valid marriage after a period of time in which a man and a woman have cohabited as husband and wife and presented themselves to the outside world as husband and wife without officially registering the marriage. Some countries in the world  and some states in the US legally recognize this as a valid marriage, even though the marriage is not registered.

The principle of a common law or de facto marriage is NOT recognized under Thai law. Only registered marriages or marriages according to Thailand marriage laws entered into the marriage register are recognized as legal and valid marriages and will create the rights, duties and responsibilities between the spouses under Thai marriage laws.

So, even though a man and a wife have cohabited as husband and wife in Thailand for several years, and maybe confirmed their status through a Buddhist marriage ceremony,  this does not create a marriage under Thai law, nor could it create any claims as to maintenance or to marital property upon separation by one of the parties to property titled in the other party’s name.

A de facto, common law marriage or a Buddhist marriage does not create a valid marriage in Thailand and therefore a prenuptial agreement is not required to protect the personal assets of the parties during the cohabitation. Only if the marriage is officially registered with the government and entered into the official marriage register the relationship between husband and wife is governed by the Thai Civil and Commercial Code and will create marital property between husband and wife under Thai family laws. In this case, prior to the marriage, a prenuptial agreement should be considered.

An official marriage can only be ended through a formal Thai divorce procedure.

Even though common law marriages are not recognized by Thai law a regulation of the Ministry of Interior for Thai nationals married to a foreigners purchasing land require a signed letter of confirmation by both the foreigner and the Thai national that the land is bought as a personal asset of the Thai national under Thai marriage laws before the land is legally registered in the Thai national’s name.

Negative Effects of Affirmative Action

Affirmative action is a very broad term that can include any measure, especially in workplace or educational contexts, designed to provide opportunities to individuals within some category historically denied those opportunities. In 1961, President Kennedy signed Executive Order 10925, which used the phrase “affirmative action” in this sense for the first time and declared it the policy of the U.S. government.

An executive order signed in 1961 introduced the phrase "affirmative action" in its modern sense.

Negative Effects

  • Opponents of various sorts of affirmative action programs have offered a variety of arguments, many of them based upon negative consequences they contend that the programs have. For example, whenever subcontracting opportunities are limited any requirement that deliberately includes someone must — perhaps less deliberately — exclude someone else. The person or persons excluded from these opportunities will surely plead that they have become the innocent victims of the program sponsors’ sense of social justice.

Adarand vs. Pena, 1995

  • The case of Adarand vs. Pena dramatically illustrates the arguments over affirmative action. The U.S. government gave the contractors on highway projects a financial incentive to hire subcontractors controlled by “socially and economically disadvantaged individuals,” and used race-based presumptions to identify such individuals. This policy resulted in the failure of a bid by Adarand to work on a highway construction project in Colorado, subcontracting to produce the guardrails.

    Justice Sandra Day O’Connor, writing for the Supreme Court, said that the “unhappy persistence of both the practice and the lingering effects of racial discrimination against minority groups in this country is an unfortunate reality,” and both states and the federal government have a compelling interest in responding to that persistence. But she also wrote that any particular program designed to do this has to show that it is “narrowly tailored” for its purposes, and the high court sent the case back to the courts below for further litigation on whether this had been done.

Stigmatizing Recipients

  • Critics often contend that the negative effects of such racial preferences go far beyond the losses to the competitors of its beneficiaries, such as Adarand. They say for example that even the beneficiaries are in an important sense hurt, because a stigma is attached to their achievements, a stigma akin to that which attaches to the notion of a teacher’s pet in a classroom of high-spirited children.

Dividing Society

  • Critics also argue that affirmative action deepens rather than heals divisions of race or national origin, thus dividing or “balkanizing” society. Nicolas Capaldi, for example, endorses this critique in his contribution to the book “Affirmative Action: Social Justice or Unfair Preference,” 1996, in response to the pro-affirmative-action arguments of his co-author, Albert G. Mosley. Capaldi writes: “The ideal of America is that of a community of free and responsible individuals. Affirmative action supplants that with the concept of group membership and group entitlement.”

Benefit of Legal Employment Representation

Many employees are illegally terminated from their jobs in California every day, but either they do not know that their termination was illegal, they believe that getting help from an attorney will cost them a lot of money that they do not have, or they believe bringing a lawsuit would be a waste of time. Employees are generally not well informed about their rights when they are terminated, so they commonly do not realize that their termination was illegal. Furthermore, many employees are not aware that they could speak to an experienced employment discrimination lawyer in Los Angeles for free, and if they have a good case, could be represented on a contingency basis (No recovery no fee). Finally, many employees are not aware that juries in California commonly award plaintiffs who have been wrongfully terminated awards in the six figures, or in some cases seven figures. If you are discharged in California, many laws exist to protect you from illegal terminations. However, many of these laws are complex, and many times they are not easy to understand. Luckily, if you live in the Los Angeles or Orange County area, it is as easy as picking up your phone to get information about whether you may have been wrongfully terminated. Many of the best employment law firms have hotlines where employees can call for free to speak about their termination. If you appear to have a potential wrongful termination case after talking with the firm on the phone, many of the best employment law attorneys who represent people in Los Angeles and Orange County will be willing to talk to you in person for free.

It is unfortunate that many times issues of unlawful discrimination, retaliation for being a whistleblower or sexual harassment go unpunished because the employee victim never contacts an experienced employment law attorney to speak about their case. Most employees have no idea of all their rights under the California Labor Code, or the California Fair Employment and Housing Act, so they don’t even know when their rights have been violated. Furthermore, when employers terminate an employee for illegal reasons they generally are going to try and hide it, but an experienced employment law attorney can tell the “red flags” that signal a wrongful termination, so you always need to talk to one if you termination seems “fishy” or pretextual. Some of the best employment discrimination lawyers in Los Angeles are willing to speak to potential victims of wrongful termination for free, so it should cost you nothing to find out whether you may have been wrongfully terminated. It is a huge mistake to not taking the time to call a reputable employment law firm who will talk to you for free to tell them about your termination.

When looking for the best California employment law termination attorney, make sure they have a solid reputation, a track record of success, and will not charge you money to consult. An attorney who wants you to pay them money up front to write a letter to your former employer is a really, really bad sign that this attorney is going to cost you a lot of money, and get you very little or nothing in return. A lot of bad attorneys may try and tell you that employees will pay a lot of money based upon the fear that you may file a lawsuit, so you should pay them to write a letter threatening your former employer you are going to sue. This strategy may get you a fraction of what your lawsuit is worth, but most corporations will not pay what your lawsuit is worth until you file a lawsuit and establish the facts. In other words, most corporations will not pay you what your lawsuit is worth until they realize they are going to lose if the case goes to trial. Unfortunately, corporations have gotten used to paying small settlements for cases that should be worth hundreds of thousands of dollars because of bad plaintiff’s attorneys who do not know what they are doing. The truth is that there are a lot of attorneys who have no experience in the area of employment law who will ask for money to write letters or large retainer fees, which employees who have been terminated generally cannot afford, to do a little meaningless work on the case, and then at some point they will ask for more money to file the case, or tell you they can get you a few thousand dollars. Please don’t retain one of these attorneys.

Success means getting you get the financial compensation you deserve for pain and suffering and loss of income if you can prove you were wrongfully terminated. Victims of wrongful termination in California commonly receive six and seven figure verdicts from juries if they win at trial. The problem is too many attorneys are not willing to go to trial, and the corporate defense counsel know who they are. Always retain an attorney who has a reputation for going to trial and winning, because these are the attorneys who can get you the biggest settlements.

The good news is that some of the best wrongful termination lawyers in Los Angeles take cases on a contingency basis (No recovery no fee), and they will consult with you about your case for free. A discrimination attorney in Los Angeles who is any good should only get paid if you get money. This means your interests are aligned with the attorney because the more money he/she gets you, the more money he/she will make as a fee.

Employment Insurance Law in Canada

The Criminal Law Amendment Act, 1968-69 was introduced as Bill C-150 by then Minister of Justice Pierre Trudeau in the second session of the 27th Canadian Parliament on December 21, 1967. It passed third reading in the House of Commons after heated debates by a vote of 149 (119 Liberals, 18 New Democrats, 12 Progressive Conservatives) to 55 (43 Progressive Conservatives, 11 Créditistes, 1 Liberal) on May 14, 1969. It introduced major changes to the Criminal Code of Canada and it was literally a cornerstone of modern Canadian law. The bill decriminalized homosexuality, allowed abortion and contraception, and regulated lotteries, gun possession, drinking and driving offences, harassing phone calls, misleading advertising and cruelty to animals. This year it will be the 40th anniversary of the bill’s passage.

Homosexuality was one of the biggest problems of the Bill-150. This change was influenced in the late 1960s by the British Parliament’s adoption of the Sexual Offences Act 1967, which decriminalized homosexual acts in England and Wales. Naturally Canada wanted to follow this democratic decision. The biggest opposition was from the religious people, the Catholic Créditistes of Quebec held up debate for three weeks supported by the far-right Edmund Burke Society and the Fellowship of Evangelical Baptist Churches in Canada. Still at the end homosexuality was legalized with age of consent at 21; although it was later lowered to 18.

Contraception and therapeutic abortion under certain conditions were legalized by the bill. This was a step away form the influence of the Catholic Church’s moral positions on these issues, basically one more separation of the Church and State. Bill C-150 made it legal for women to get an abortion if a committee of three doctors felt the pregnancy endangered the mental, emotional or physical well-being of the mother. These changes were very important and became a stepping stone for many other freedoms and options that have altered women’s place in Canadian society. In 1988 the R. v. Morgentaler ruling, left Canada without any laws regulating abortion.

A number of minor but important changes were made to gambling, gun control and driving under the influence. Before the bill small scale gambling on behalf of charities was permitted, but only Bill C-150 gave the provincial and federal governments the opportunity to use lotteries to fund worthwhile activities, the best example were the 1976 Montreal Olympics. For the first time the bill made it illegal to provide firearms to persons of “unsound mind” or criminals under prohibition orders. The term “firearm” was also expanded; non-restricted, restricted, and prohibited firearm categories were also introduced. Bill C-150 made it a “per se” offence to drive with a blood alcohol content (BAC) in excess of 80 mg/100 ml of blood. The refusal of a police officer’s demand to provide a breath sample was made an offence too. These are the basic rules against drunk driving now.

The Criminal Law Amendment Act 1968-69 basically changed almost all the complicated and important spheres (except for maybe immigration) and solved many ethical problems, creating laws suitable for modern society.

HR: The Importance of Keeping up-to-Date with UK Employment Law

UK employment law is ever-changing and it is a full time job just keeping up with the latest legislation. Everything from working hours, holiday entitlement, health and safety in the workplace to equality and diversity issues are all covered by employment law and that‘s why it is so important for both workers and employers to know their rights and obligations.

Issues such as the national minimum wage, employment contracts and conditions and business transfers and takeovers (TUPE) rights are all very important pieces of legislation for companies that employ one or more people. Large corporations tend to employ HR specialists to ensure that they are up to date with the latest rules and regulations. However, smaller organisations including SMEs are also required to stay within the law and for them it may be more difficult to stay alert to the latest changes due to time and resource constraints.

If that is the case they should enlist the help of government funded agencies such as Business Link, or independent organisations such as ACAS to alert them to any relevant changes in legislation; after all ignorance is no defence when it comes to the law.

In addition to employment Acts there are also Codes of Practice approved by Parliament, such as time off work for trade union duties that also impact on employers. So, knowing what you can and can’t do as an employer and your legal obligations to your workers is vitally important if you are to provide a legal and safe working environment. Most responsible employers adhere to employment law and understand its importance, although some do not and they end up being prosecuted.

The penalties for not adhering to relevant legislation vary according the offence. In the most extreme cases, such as cases involving the death of employees in the workplace, penalties can be severe and may include custodial sentences as well as heavy fines for company directors and other employees. However, other offences are dealt with less harshly. For example, under the Employment Act 2008 a company failing to pay its workers the national minimum wage is liable to a fine of 50% of the total underpayment, with the minimum fine set at £100 rising to a maximum of £5,000 in addition to paying the shortfall to their workers as arrears. Early payment reduces the fine by 50%.

But, if you are a company director the best way to ensure that you stay on the right side of the law is to keep up with the latest employment legislation. How you do that is down to you. There are plenty of organisations that offer the latest advice, so there is no excuse!

Criminal Law Attorney Central Islip

criminal law attorney central islip
Robbery Crimes in New York:
Robbery is the wrongdoing of unlawfully taking someone else property by the utilization of energy, lying or misdirection. This offense is intense, and on the off chance that you have been captured, you could be confronting extreme punishments. Contingent upon the circumstances of your case, you might either be accused of an offense or a crime and you may be compelled to serve years in jail and pay heavy fines. Criminal feelings might be destroying, so you have to quickly hold the representation of a comprehension lawyer from the Law Office of Shawn Kassman immediately. By working with a criminal guard lawyer from the firm, you may have the capacity to have your charges lessened or rejected. – Criminal Law Attorney Central Islip
In the state of New York, there are various sorts of burglary. Various main components could figure out what accurate sentencing you may be presented with in the event that you are sentenced, and a lawyer from the Law Office of Shawn Kassman can help make an one of a kind safeguard. In the event that you are confronting any of the accompanying charges, contact the firm now!
Shoplifting:
Shoplifting is the wrongdoing of taking stock from a store or messing with the cost of an item. On the off chance that you are intentionally changing the cost of a thing or purposely covering merchandise from a store that are esteemed at short of what $1,000, you may be accused of this offense.
Petit Larceny:
This wrongdoing is off and on again alluded to as an unimportant burglary and includes the taking of a thing esteemed at short of what $1,000. Dissimilar to shoplifting, petit burglary does not so much need to happen in a store yet can relate to merchandise taken from an individual or their property.
Wholesale fraud:
Taking someone else personality is a robbery wrongdoing and additionally may be viewed as a cubicle wrongdoing. This type of duplicity utilization someone else name, Social Security number, financial balance data or other particular data to take cash or possessions from the victimized person. – Criminal Law Attorney Central Islip
Amazing Larceny:
Amazing burglary is a lawful offense, deserving of jail sentencing and soak fines. Any thing taken that is esteemed over $1,000 might be viewed as amazing robbery. Regular sorts of amazing robbery incorporate terrific burglary auto or fantastic robbery gun.
Theft:
Any constrained and unlawful entrance into a structure with the plan to perpetrate a wrongdoing once inside the structure, home, building or office is considered theft. This wrongdoing is named first degree, second degree or third degree, all of which are intense offenses. – Criminal Law Attorney Central Islip
If you have Criminal Law Attorney Central Islip related questions, please call criminal defense attorney Shawn Kassman or a member of his legal team at 631-232-9479 (toll-free 888-545-2944) or fill out our online intake form. We are available 24 hours a day, 7 days a week and defend clients located in Central Islip (main office location), Holtsville (office location), Bayshore, Brentwood, Oakdale, Sayville, Port Jefferson and Riverhead and both Suffolk and Nassau counties. Our Central Islip law offices are conveniently located down the street from the courthouse and we can assist you with your criminal defense during your time of need.
Proudly Serving
Central Islip, Suffolk County, Hauppauge and many more.

Definitions of Worker & Employee – Employment-law Rights

EMPLOYMENT LAW DISTINCTION BETWEEN ‘EMPLOYEES’ & ‘WORKERS’ AFFECT HOLIDAY & PAY RIGHTS

Affect who the employer is and who is responsible for one’s wage or salary, holiday pay, employer’s contribution to national insurance, pension rights, and employment protection, the legal distinction made between “employees” and “workers”, and between those and “contractors” ~one’s entitlements depend on whether in the eyes of the law one is an employee, or a worker, subcontractor, self employed contractor –or partly a freelancer.

Because of their different legal definitions an ’employee’ or a ‘worker’ in the eyes of the law may be in fact a ‘contractor’ or a ‘subcontractor’, and vice-versa -and employment through an employment agency may or may not itself fall in different category. Definitions and categories affect entitlements.

Many employees lose out on entitlements, because their legal employment category, or because who the law regards as employer, is different than they think or have been told. When one is paid to do work for another it is important to know how the employment contract is formed, and one’s employment status.

Are you liable for your income tax or must the employer deduct it and attend to it at source, what are your holiday and pension entitlements and whose responsibility are they, are you entitled to employer’s part of your national insurance contribution –who is your employer at the workplace that you work, the business you work on the premises of, or an employment agency, or is it you whose responsibility those are, in the eyes of the law?

These affect liability, vicarious liability and the statutorily implied terms of any contract -as well as various other statutory requirements ~from equal treatment to employment protection under the employment laws -many have sued and lost because the employer was not in law the sued party but another.

Often these also affect ‘pay’ (in law defined as being what is received directly or indirectly in cash or kind for work done) ~an ’employee’ gets full holiday pay, paid leave -a ‘worker’ does not.

In employment there is sometimes a company pension scheme; as the norm the employer must pay part of one’s national insurance contributions (covering, e.g., unemployment, health-care, state-pension) if one is an ’employee’; but the entitlement is partial if one is a ‘worker’, and nil if one is in law a ‘contractor’ -one’s employment status matters.

The following helps ascertain one’s employment status in law, and who in law is one’s employer.

Is one an ’employee’ or ‘self-employed contractor’? There are three tests that are applied to the question:-

The first is the ‘Control Test’ and is based on this that if the employer controls the job to be done but not how it is done than the person doing the job is an employee; but this test would not be satisfactory, because also to an employee with specialist knowledge, e.g. a company nurse, the employer would not tell how to do the job.

The second, ‘Organisational Integration Test’, seeks to ascertain whether the person paid is an integral part of the business: an anaesthetist was not a self-employed contractor in Cassidy -v- The Ministry of Pensions 1961 ~he was a resident of the hospital -an employee.

But this did not suffice: drivers who were paid for an agreed minimum number of jobs per year and had to wear company uniforms as well as to have the company colours on their lorries and who could not work for the competition without the employer’s permission, but who could choose to do extra work and decided their own routes and used their own lorries and could use at their pleasure substitute drivers, in Ready Mixed Concrete -v- The Ministry of Pensions 1968 were self-employed contractors, not employees.

There is a third, the ‘Multiple Test’ to be applied: ‘one is an employee if.. provides work or service for remuneration.. the business has some degree of control.. without any terms contrary to the employment relationship.’

This is the consideration in the case of those engaged or introduced by employment agencies:-

Who is the employer? Is one, as a specific individual, under the direct supervision and control of the business? If so, one is an employee of the client business -where one works…

Does the business where one works pay that agency and that agency itself pay one? If so, one is not an employee of the client business, but may be an employee or worker of that agency itself -agency staff.

Employees normally receive holiday pay, self employed contractors do not ~but what about the ‘worker’-the casual worker who is not in self employment and yet is also not a regular employee?

Is one an ’employee’ or ‘worker’? There is a different ‘worker’ category for casual workers which was created under the Employment Rights Act 1996 s.230 (3) to deal with this question.

If a casual worker is genuinely on an ad hoc basis employed, that casual worker is, in law, an employee while he is employed, and for the period/s of such employment has employment rights -e.g., to receive wages and holiday pay.

A ‘subcontractor’ normally would be in the category either of employee or of worker on the same basis, but instead of the business where the sub contractor works, of the self employed contractor who engaged the sub contractor.

If there is a dispute about whether a contractor engaged a subcontractor as a self employed person, then the same three tests above are applied to ascertain the employment status of that subcontractor in relation to that contractor.

If that subcontractor receives a wage and is not self-employed in relation to that contractor, then if the subcontractor works regularly for that contractor he is an employee of that contractor, and if he works casually for that contractor he is a worker of that contractor.

Being a ‘freelance-worker’ is, to all intends and purposes, the same as being a self-employed contractor.

One can lawfully be both: an employee or worker, as well as a freelancer -self employed.

If one who is normally an employee or worker wants also to do some freelance work, then one officially is an employee or worker and one’s entitlements in relation to ones normal status are not affected -but those entitlements do not extend to one’s freelance work and employment.

If one normally self employed wants also to do some work as an employee or worker of a business, then one’s official status as self-employed does not change -but one’s entitlements for work done as an employee or worker are not affected to the extent of one’s such work.

If one is not paid for holidays.. if a pension scheme depends on whether one is a freelancer or not.. if the employer is responsible for one’s colleagues’ taxes or pension contributions but not one’s own.. if one is working for one business but is paid by another… one might need to ascertain one’s employment status -the above are the legal tests.

(Laws change –always ascertain current law.)

Six Common Mistakes Under Canadian Trade-mark Law

As more and more companies are seeking to distinguish their products and services in the marketplace by registering their names, slogans or designs as trade-marks, many companies which do not retain a Canadian lawyer or trade-mark agent often make fundamental mistakes.  Among the most common mistakes are the following.

1.    A Company Name is not a Trade-mark.

A company name is the legal name under which a company carries on business.  However, unless the company name is used as a trade-mark, it cannot be registered under the Canadian Trade-marks Act.  For example:

•    Acme Insurance Ltd. markets life insurance under “Goodlife Insurance”.  “Acme Insurance Ltd.” is the company name, “GoodLife Insurance” the trade-mark.  “Acme Insurance Ltd.” is not used as a trade-mark, “GoodLife Insurance” is.

•    Acme Insurance Ltd. markets life insurance under “Acme Life”.  “Acme” is part of its company name, but it is also used as a trade-mark to distinguish its insurance policies from those of other insurance providers.

The important point here is that the registration of a company and the registration a trade-mark are two distinct processes.  Federal and provincial company offices do not search the Trade-marks Office database to determine if a proposed company name is a registered trade-mark; nor does the Trade-marks Office search federal and provincial company offices to determine if a proposed trade-mark is registered as a company name.  The two processes are unrelated, and the trade-mark must be registered separately.

2.    There’s no Requirement to use a Trade-mark before Registering.

Many companies believe that they must commence use of their trade-mark before registering it.  In Canada, as in many other countries, trade-marks may be filed on the basis of “intention to use”.  An application which is filed on this basis must specify the products and services that the company intends to use in association with the trade-mark.  Once the application has been filed, the company generally has three (3) years from the date of filing to file a Declaration of Use confirming the use of the trade-mark in association with the specified wares and services.  The Declaration of Use may be filed anytime within the three (3) year period, but must not include any products and services that have not been used in association with the trade-mark.

3.    Search before Using a Trade-mark.

It is always advisable to conduct a trade-mark search before commencing use of a trade-mark.  This will ensure that the trade-mark does not infringe another trade-mark and will avoid the wasted expense of such things as advertising and labeling.

A trade-mark search may be conducted through the Canadian Intellectual Property Office Trade-marks database by inserting the trade-mark in the search text box and selecting the appropriate search field.  If the search does not reveal an exact match, a secondary search should be conducted based on such factors as the elements of the trade-mark (where, for example, the trade-mark comprises more than one word), different spellings of the word(s) comprising the trade-mark and the sound of the trade-mark.  This is referred to as a “comprehensive search” and is advisable to ensure that the trade-mark is not confusing with a registered trade-mark and therefore unregistrable.

4.    Some Trade-marks are not Registrable.

Not all trade-marks are registrable.  Among the trade-marks that are not registrable under the Canadian Trade-marks Act are:

•    trade-marks that are clearly descriptive of the character or quality of the products or services,

•    trade-marks that are deceptively misdescriptive of the character or quality of the products or services,

•    trade-marks that are clearly descriptive or deceptively misdescriptive of the origin of the products or services,

•    trade-marks that are the name of the products or services, and

•    trade-marks that are confusing with a registered trade-mark.

There are a number of tests which have been developed by the courts which are employed by the Trade-marks Office in determining whether a trade-mark is registrable.  In general terms, however, where an application for registration of a trade-mark falls within one of these categories, the trade-mark will not be registrable.

5.    International Classifications Don’t Apply.

Products and services which are used in association with a trade-mark must be described in ordinary commercial terms.  In many countries such as the United States this is done by using International Trade-mark Classes.  The International Trade-mark Classes are categorized into 45 classes, Classes 1-34 relating to products and Classes 35-45 to services.  Canada does not use this system and therefore trade-marks must be described in ordinary commercial terms for Canadian filing purposes.

For example, Class 32 refers to “light beverages” which are enumerated as: “beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages”.  For Canadian filing purposes, the wares “non-alcoholic beverages” require further specification, for example carbonated drinks, colas, energy drinks, sports drinks, drinking water, fruit-based soft drinks, fruit juices, hot chocolate, milk, non-dairy soy,  coffee or tea.

6.    Copyright may reside in Trade-marks and must be Acquired.

Where a trade-mark is in the form of a design, the design will be subject to copyright protection, as well as trade-mark protection.  If a trade-mark owner retains a graphic artist to develop and design a trade-mark, the trade-mark owner should obtain all rights to the design, including the ability to make changes to the design.  This is generally done by means of a simple contract known as an “Assignment”.

In Canada, copyright need not be registered as rights to the design arise at the time of creation, which provides the copyright owner with remedies for copyright infringement at common law. These remedies are additional to the remedies that the trade-mark owner will have under the Canadian Trade-marks Act.

Criminal Law Amendment Bill, 2010

The proposed Criminal Amendment Bill, 2010 is patently “anti-men” and is should be opposed by men. Draft amendment bill is available here:

Proposed Section 375 defines “Sexual Assault” as,

“A man is said to commit “sexual assault” if he –

(a) penetrates the vagina, the anus or urethra or mouth of any woman with

(i) any part of his body; or

(ii) any object manipulated by such man

except where such penetration is carried out for proper hygienic or medical purposes;

(b) manipulates any part of the body of woman so as to cause penetration into the vagina, the anus or the urethra of the offender by any part of the woman’s body;

(c) introduces any part of his penis into the mouth of woman,

under the circumstances falling under any of the following six descriptions:-”

Thus the definition of “sexual assault” is gender biased against men. It says three things-

A. Sexual assault can be committed only by “Men”.

B. Sexual assault can be committed only against a “women”.

C. There cannot be any sexual assault by a woman or against a man.

There is no reason to keep such laws of sexual assault gender biased as incidents of sexual assault against men are known and widely reported. The proposed law is merely another anti-men legislation by the Government of India.

The definition of the crime is very wide. Thus if a man puts his finger in women’s mouth, it is an offence punishable with minimum sentence of 7 years. However, if the same act is done by a women against a man, it is not an offence at all! Why this gender discrimination? Why the society is out there to enslave men by passing more and more anti-men laws? What wrong men have committed for which society is punishing him?

Sexual intercourse by a man without consent of a women is sexual assault. But the same is not a sexual assault if a women do sexual intercourse with a man without his consent. It is argued that women cannot force a man to have sexual intercourse without his consent! The argument is fallacious and there are reported incidents of such sexual assault on men. Further when a man’s consent is taken by coercion, threat, fraud, by administering drugs or narcotic substances, consent of a minor or insane man! Why the law is hell bound to deny any avenue to justice to men who has suffered sexual assault.

It is argued that number of cases of assault on men is less. Merely because male victims of sexual assault is in minority can be no reason to deny justice to men.

Even in case of minor, a women having sexual intercourse with a minor male is not an “sexual abuse of minor”.

Section 376C(1) defines sexual abuse of minor. It says that “A person is said to commit sexual abuse of minor against the minor under the age of eighteen years if the person:

(i) Penetrates his penis into the vagina, anus or urethra or mouth of the minor

(ii) Manipulates any object or part of his or her body or that of the minor so as to cause penetration into the vagina, the anus or urethra or mouth of the minor with or without the will or the consent of the minor.

Looking at the proposed definition, it is clear that a man having sexual intercourse with a minor girl is sexual abuse, however a women having sexual intercourse with a minor boy is not a sexual abuse, because in this case nothing is penetrated in the vagina, anus, urethra or mouth of the minor!

Men need to understand such nuances in the proposed legislation.

A new Section 53A is being introduced in the India Evidence Act, which says that, character of the victim is irrelevant in deciding the question of consent. It is not known as to how the question of consent is to be decided is not known. Further, the law proposes that the cases shall be as far as possible shall be investigated/tried by women. Thus through this legislation, a law is being enacted which makes gender biased penal law to be implemented by gender biased state machinery.

Various studies suggest that numerous false cases are filed alleging rape. Various studies suggest that a very large percentage of such allegations are false. Many such cases have also been reported in India media.

http://en.wikipedia.org/wiki/False_accusation_of_rape

Despite such evidence, the proposed amendment squarely ignores any of these concerns. On the contrary proposed amendment various changes in law, procedure and evidence is being made to promote more such false allegations, to promote more extortion from men, to make is more difficult to get justice for men.

Since ages men are dying to produce food and security for everybody in the society. And now it appears that society does not need men. Through various laws, society is making dangerous for men to live. In today’s world, it is greatest sin to be born as man. A man is punished for whole life merely because he was born as a man. Various suicide statistics shows that more and more men are committing suicide due to such gender biased attitude of the society and law.

Such law is coming after Law Minister promised that all laws shall be made gender neutral in four years. Just after the promise, women reservation bill was presented in the parliament. What is a gender neutral law? Women Reservation in parliament is a gender neutral law? Declaring men to be sex assaulter is a gender neutral law? Not protecting minor males from sexual intercourse by women is a gender neutral law?

The proposed amendment should be opposed because it is “Anti-men”.

Canadian Criminal Law Amendments Act – How Justified is It Actually?

The Criminal Law Amendment Act, 1968-69 was introduced as Bill C-150 by then Minister of Justice Pierre Trudeau in the second session of the 27th Canadian Parliament on December 21, 1967. It passed third reading in the House of Commons after heated debates by a vote of 149 (119 Liberals, 18 New Democrats, 12 Progressive Conservatives) to 55 (43 Progressive Conservatives, 11 Créditistes, 1 Liberal) on May 14, 1969. It introduced major changes to the Criminal Code of Canada and it was literally a cornerstone of modern Canadian law. The bill decriminalized homosexuality, allowed abortion and contraception, and regulated lotteries, gun possession, drinking and driving offences, harassing phone calls, misleading advertising and cruelty to animals. This year it will be the 40th anniversary of the bill’s passage.

Homosexuality was one of the biggest problems of the Bill-150. This change was influenced in the late 1960s by the British Parliament’s adoption of the Sexual Offences Act 1967, which decriminalized homosexual acts in England and Wales. Naturally Canada wanted to follow this democratic decision. The biggest opposition was from the religious people, the Catholic Créditistes of Quebec held up debate for three weeks supported by the far-right Edmund Burke Society and the Fellowship of Evangelical Baptist Churches in Canada. Still at the end homosexuality was legalized with age of consent at 21; although it was later lowered to 18.

Contraception and therapeutic abortion under certain conditions were legalized by the bill. This was a step away form the influence of the Catholic Church’s moral positions on these issues, basically one more separation of the Church and State. Bill C-150 made it legal for women to get an abortion if a committee of three doctors felt the pregnancy endangered the mental, emotional or physical well-being of the mother. These changes were very important and became a stepping stone for many other freedoms and options that have altered women’s place in Canadian society. In 1988 the R. v. Morgentaler ruling, left Canada without any laws regulating abortion.

A number of minor but important changes were made to gambling, gun control and driving under the influence. Before the bill small scale gambling on behalf of charities was permitted, but only Bill C-150 gave the provincial and federal governments the opportunity to use lotteries to fund worthwhile activities, the best example were the 1976 Montreal Olympics. For the first time the bill made it illegal to provide firearms to persons of “unsound mind” or criminals under prohibition orders. The term “firearm” was also expanded; non-restricted, restricted, and prohibited firearm categories were also introduced. Bill C-150 made it a “per se” offence to drive with a blood alcohol content (BAC) in excess of 80 mg/100 ml of blood. The refusal of a police officer’s demand to provide a breath sample was made an offence too. These are the basic rules against drunk driving now.

The Criminal Law Amendment Act 1968-69 basically changed almost all the complicated and important spheres (except for maybe immigration) and solved many ethical problems, creating laws suitable for modern society.

Government Mileage Reimbursement Laws in Indiana

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Public employees occasionally drive their own vehicles for business purposes. In Indiana, state law requires that state employees receive reimbursement for miles driven in privately-owned vehicles. The state establishes a rate, and employees receive reimbursement by their state agency employers based on the established rate, which changes based on factors including the price of fuel. State law specifies when and how to apply the reimbursement rules.

Qualified Mileage

  • Indiana state law specifies when to reimburse mileage. The law does not require reimbursement when employees drive their personal vehicles between their homes and their place of employment. The state’s laws require reimbursement when an employee is traveling from the workplace to a destination for the purpose of performing work functions. This includes business trips, business meetings and errands like shopping for supplies.

Mileage Rates

  • Some states use the Internal Revenue Service, or IRS, mileage rates, but that is not the case in Indiana. Instead, the state sets its own rates for employees of the state. For October 1, 2009 through April 30, 2011, the reimbursement rate was 40 cents per mile. On May 1, 2011, the state increased the rate to 44 cents per mile. The rate is based on the cost of fuel, automobile insurance and other vehicle costs. At the time of publication, the IRS rate for moving and medical travel is 19 cents, but that rate does not apply in Indiana. The state pays the same amount for all state travel.

Medical and Moving Mileage

  • Indiana state law requires mileage reimbursement when an employee travels for medical treatment related to workplace injuries. Workers’ compensation injuries always meet this standard, and some other injuries also could qualify. Employees must fill out forms detailing their mileage, and only employees who return completed forms receive compensation for medical mileage. Only mileage between an individual’s home and the medical facility qualifies for reimbursement. State law also requires reimbursement for miles traveled as a result of moving. Certain criteria apply. To receive reimbursement, the person must be an employee of the state for at least six months, and the new workplace location must be more than 30 miles from the previous workplace.

State Policies

  • Indiana state law specifies several policies related to the use of a personal vehicle for state use. The state law says reimbursement amounts must not be in excess of 110 percent of the shortest route distance. Employees who drive longer distances will not receive compensation for mileage in excess of 110 percent of the expected mileage for the shortest route between the two points. The state requires mileage to be based on the current official State of Indiana Highway Map or, for out-of-state trips, based on a reliable atlas. The state also does not pay overnight lodging when an employee travels less than 50 miles.

What Are the Duties of Each Branch of Government?

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The federal government of the United States is comprised of three branches of government to carry out civil powers and functions. The legislative branch (Congress) makes the laws, the executive branch (led by the President) enforces and carries out the laws, and the judicial branch (headed by the Supreme Court) interprets the laws. This system of checks and balances helps to ensure that power is distributed evenly among the three branches of government.

Executive Branch

  • The executive branch of the government ensures that the laws of the United States are carried out. The executive office is headed by a president, assisted by a vice president and cabinet. The cabinet is an advisory body that includes the heads of major departments, such as State, Defense, Justice, and Agriculture, among others. They are also assisted by independent agencies, popularly called the “bureaucracy,” which administer federal programs. The executive branch is established by Article II of the Constitution.

Legislative Branch

  • The legislative branch of the government, or Congress, is responsible for making new laws. There are two houses of Congress: the House of Representatives, with 435 members, and the Senate, with 100 members, two from each state. When Congress passes a bill, it is sent to the President for approval or veto. The legislative branch is established by Article l of the Constitution.

Judicial Branch

  • The judicial branch is the part of the government responsible for interpreting laws in the courts, making sure they are valid and constitutional. The chief federal court is the Supreme Court, comprised of nine justices appointed for life by the president with the approval of the Senate. The judicial branch was established by Article III of the Constitution.

Important Things to Know About Criminal Law

Criminal law is the branch of law that aims to define what crimes are and how to deal and punish people who commit these criminal acts. It is just one of the many branches of the law, but it is what usually what comes to mind when people think of the legal system. It is a very important part of the justice system.
Though criminal law is very important, most people are not well-informed when it comes to this matter. What most people know about criminal law are the things that they learn and see from legal dramas and movies. This is unfortunate because criminal law is something that everyone should be familiar with.
Ordinary people need not become legal experts who know criminal law in every aspect. It is enough that you should be familiar with it in ways that you might be affected by. You will need that knowledge just in case you or someone important to you gets into legal trouble.
Why You Need a Lawyer
You have probably seen on TV that people can defend themselves in court when they are facing criminal charges. Doing something like that in real life, however, is extremely risky and could cause a great deal of trouble for you in the long run. If you know that you might be facing criminal charges, then you should get the services of a good lawyer immediately.
A lawyer can help protect your rights. A lawyer will also tell you what you should do so you do not make things worse than they already are.
Don’t Say Anything Except When Asking for a Lawyer
When you know that you are being suspected of some crime, then you must not make an official statement when the police approaches. You should not say anything except for when you ask for a lawyer. You have probably seen this on TV.
Saying anything at this stage could really do more harm to you than good. So refrain from saying anything and just wait for your lawyer.
Don’t Allow a Search
Even when you know that you did not commit anything wrong, you should still not agree on a search being conducted on your home or your vehicle. It is your right to not agree on such a search and if the police officers still continue with the search, even though you did not agree, then anything that they find there will be inadmissible as evidence. They could also be liable for charges because they have violated your rights.
Putting You on a Line-Up
If the police were to ask you to be placed on a line-up then you should request to have a lawyer present. The lawyer can decide if the police has any right to include you in a line-up or not. The lawyer can also monitor if the procedure is going to be done in a fair manner or not.
The bottom-line is that you should be aware of your rights and you should not give those up. Having a lawyer can also go a long way when you are accused of a crime.

A Degree in Educational Law

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Like any sector, the field of education has specific legal issues. Providing services to special needs students, free speech rights, approving homeschool curricula, locker searches, cross-town busing, and affirmative action policies are just a few of the reasons why Education Law is recognized as a specific legal subfield. Currently, the legal cases and policies that shape the operation and expectations of the U.S. education system evolve daily and require knowledgeable professionals.

History of Education Law

  • Since our nation’s inception, the government has played a role in defining the importance and nature of education. The first federal act relating to education was the Ordinance of 1785. Passed by the Continental Congress, the Ordinance set aside portions of each congressional district for schools. In 1787, Congress passed the Northwest Ordinance that became the first federal policy statement acknowledging the benefit of knowledge and education for the general welfare.

    Today, the federal basis for intrusion into matters of education is based on the Constitution. The General Welfare Clause which sates “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises to pay the Debts and provide for the common Defense and general Welfare of the United States” (art. I, § 8).

    However, the Tenth Amendment of the Constitution establishes the legal theory that the states are charged with providing education to its residents. It states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

    Degrees in Educational Law will focus on how to apply the law to an ever changing educational landscape.Education Law is rooted in the U.S. Constitution. A degree in this area will likely lead to law school.

Undergraduate Degrees

  • A Bachelor’s degree in Legal Studies is generally the only undergraduate major that may touch on or allow for a coursework in Education Law. Often called a Bachelor’s in Professional Studies (BPS), this course of study is designed for pre-law, paralegal studies, and other students seeking a career concentrated in the law. A quality undergraduate program should be accredited by the American Bar Association (ABA). However, this accreditation does not allow the graduate to sit for a bar examination without the requisite formal law degree.

    While Constitutional law classes will touch upon education law, there is often no concentration in Education Law at the undergraduate level. Nonetheless, a strong understanding of legal principles will benefit a Masters or law degree program in Education Law.Bachelors degrees in Legal Studies or Professional Studies will often include Education Law coursework.

Graduate Degrees

  • After years in the industry, education professionals may recognize a need for greater understanding of Education Law. In response, Nova Southeastern University developed and ABA approved Masters program in Education Law for non-lawyers. These Masters of Science in Education Law programs do not require passage of the Law School Admission Test (LSAT), however, they may require taking the Graduate Record Examinations (GRE).

    Often ABA accredited, Masters programs generally involve two years of coursework. While a Masters in Education Law does not prepare one for the practice of law, it does provide in depth analysis of the legal framework that shapes education issues. As a result, these classes are generally not aimed at law students.

    Other Masters of Education, Masters of Public Administration or PhD in Higher Education can also serve to provide a great context for education law and policy. The Education Law Consortium at the University of Georgia housed at the Institute of Higher Education facilitates such diverse education programs that focus on education law without giving an express degree in this field.You don’t have to go to law school to get a degree in Education Law.

Law Degree

  • The JD is a professional doctorate needed to practice law. While concentrations are possible, most law schools offer a general course of studies and extensive listing of electives. More commonly, a student can get a dual degree program that matches the JD with an education focused Masters program. For example, Loyola University of Chicago offers a JD and a Master’s in Comparative Law and Education. This program focuses on the legal right to education and related issues.Obtaining a law degree is the biggest financial and time commitment to the field of education law.

Schools

  • Bachelors in Legal Studies
    A variety of colleges offer Bachelors in degrees that include coursework in education/constitutional law.. Hamline College, St. Paul, Minnesota offers such a program. Many other online universities also provide degrees in Legal Studies. Remember, these degrees are geared towards the future paralegal or lawyer. A specific undergraduate degree in Education Law is not available.

    Masters in Education Law
    Nova Southeastern University offers the only Masters of Science in Education Law for non-law students. This two year program is designed for the working educational professional that desires a deeper understanding of the legal framework that governs the industry.

    Law Degree, Education Law concentration
    Many law schools offer dual degrees such as a Masters of Education. Courses in education law combined with these additional majors gives a strong foundation to the future education attorney.

Difference Between Equal Employment Opportunity and Affirmative Action

Both the Equal Employment Opportunity and Affirmative Action are workplace policies that seek to reduce discrimination in business. The United States federal government instituted both programs in an effort to encourage diversity in corporate hiring and promotion. However, the programs differ in their goals, requirements and administration methods.
The Equal Employment Opportunity Commission and Affirmative Action encourage diversity.

Equal Employment Opportunity

  • The Equal Employment Opportunity law requires that employers evaluate all job applicants fairly, without using their race, ethnicity, sex, age, religion or physical disability as a means for discrimination against them. Once a worker is hired, the Equal Employment Opportunity Act also mandates that employers extend job training and promotions equally to him, regardless of any physical differences or personal beliefs he may possess.

Affirmative Action

  • Affirmative Action is a proactive method of hiring that encourages employers to seek out members of historically oppressed groups, including individuals of minority races and women, for qualified positions in their companies. In this way, Affirmative Action is a more direct way of ensuring diversity than the Equal Employment Opportunity law. Corporations that participate in Affirmative Action may also provide specialized training and assistance to help women and minorities work up to management roles.

Equal Employment Opportunity Enforcement

  • The Equal Employment Opportunity Commission, or EEOC, enforces the Equal Employment Opportunity in workplaces across the United States. This law applies to most companies that employ at least 15 people. When an employee makes an accusation of discrimination, the EEOC conducts an investigation and may either negotiate a settlement or, in cases of egregious conduct, file a lawsuit against the company.

Administration of Affirmative Action

  • Unlike the Equal Employment Opportunity, all employers are not legally obligated to promote Affirmative Action. The United States Department of Labor requires that its federal contractors and subcontractors participate in the Affirmative Action program each year. Inside the Department, the Office of Federal Contract Compliance Programs enforces the program’s policies for participating contractors.