by: bhoottied austin
"The spinal cord connects the brain to most of our body organs… a minor injury inflicted in this vital part of our body may result to severe and fatal damages.
Most of us have learned the importance of the spinal cord in our body during our schooling. The spinal cord connects the brain to most of our body organs enabling them to perform their respective bodily functions. As an example, if a person needs to carry a pail of water, his brain will send impulses to the corresponding muscle through the nerves found in the spinal cord, then the responsible muscle will perform the job accordingly. Our spinal cord is also a delicate part of our body. Hence, a minor spinal cord injury (SCI) inflicted in this vital part of our body may result to severe and fatal damages.
In the United States, more than 200,000 individuals endure an SCI every year due to an accident. Majority of these injuries are attributed to vehicle accidents, which are also considered as the main causes of injuries and casualties, while the other cases have resulted from violent acts, negligence, falls and sports activities. Although this fragile bundle of nerves that comprises the spinal cord is protected by our backbone, it is still prone to injuries since most of the times, we are not fully aware of the upcoming dangers in our back.
Usually, the gravity of the SCI damage depends on the area of the rupture. For instances, if a car crash has injured the cervical or thoracic portion of the spine, there is a great chance that the victim will be paralyzed. While, if the bump has damaged the lumbar and sacral (lower) regions, the victim may suffer numbness, disabling his bowel or bladder control. It is also said to be that the higher the injured part is, the more serious the SCI case is.
Unfortunately, medical and other therapeutic researches have not yet developed any treatments for SCI’s. The doctors and therapists just put their efforts to minimize the pain and avoid further damages to their patients. Until now, there is no assurance on the part of Medical science that these tragic impairments can be fully healed.
However, the legal perspective of SCI creates hope for the victims. The prevailing laws have entitled them to seek justice and acquire such monetary damages from the insurance companies of the liable parties. This is to cover their medical expenses, pain and suffering, loss of wages, property damages and other damages that result from the accident or injury.
In pursuing a spinal cord injury claim, the injured victims or their families may designate their own legal representative to help them in acquiring justice. This is because not all the victims have the understanding of the law and the capability to undergo any legal proceedings. A qualified and reliable personal injury attorney can definitely lead them to a successful claim case.
original author: Atty. Gabriel Cosh
Friday, October 12, 2007
Why Use A Private Investigator In A Criminal Defense Investigation?
by: bhootied austin
The police can be of great service to prosecutors when it comes to finding witnesses to a crime and to following the evidence to a suspect. However, sometimes the defense is going to realize that there seems to be key evidence missing or witnesses that have not come forward: the defense attorneys are going to find a basis for reasonable doubt.
However, in order to know that their assumptions about their client's innocence are correct, they will need to conduct a criminal defense investigation.
A private investigator serves an important role in a criminal defense investigation. In this case, that role is to find witnesses and evidence that will establish reasonable doubt – that will show the jury that there is reason to believe that the defendant is not actually responsible for committing the crime.
When an attorney uses a private investigator in a criminal defense investigation, that investigator will take the time to understand the charges and the laws that relate to the crime. Once there's an understanding of the case in question, the private investigator will go over all of the materials that the defense team has received from the prosecutor.
During the course of the criminal defense investigation, the private investigator will go through routine reports from the police, everyday paperwork as well as copies of evidence, photographs, phone messages and witness statements related to the case. The goal of this is to determine whether or not there are any inconsistencies from one witness to the next or between the conclusions drawn and the evidence.
In addition, during a criminal defense investigation, a private investigator may re-visit the crime scene to see if there was anything that had been overlooked. He or she may also interview witnesses to see if their stories have changed or to verify that they do not have anything else that motivated their statements against the defendant.
Inconsistencies and ulterior motives that a private investigator discovers during the course of a criminal defense investigation may be able to be used as a part of the client's defense. Similarly, if during the course of the criminal defense investigation a private investigator discovers that there are other witnesses who had not come forward or evidence that was not considered previously, he or she can then look into these developments further.
In some cases, that may mean that a search is conducted to find these other witnesses. In other cases, it may mean conducting interviews or doing background searches. In others, there may be other parts of the criminal defense investigation that are assigned to a private investigator – tasks that he or she is uniquely qualified for and that will keep the defense team free to focus on the legal proceedings and other cases that they have.
During the course of a criminal defense investigation, a private investigator can help to ensure that an innocent client will not be found guilty – all without taking away from a defense attorney's busy schedule. In other words, bringing a private investigator into a criminal defense investigation, defense attorneys are able to focus on the court system while a private investigator conducts the investigation.
original author: David Almeida
The police can be of great service to prosecutors when it comes to finding witnesses to a crime and to following the evidence to a suspect. However, sometimes the defense is going to realize that there seems to be key evidence missing or witnesses that have not come forward: the defense attorneys are going to find a basis for reasonable doubt.
However, in order to know that their assumptions about their client's innocence are correct, they will need to conduct a criminal defense investigation.
A private investigator serves an important role in a criminal defense investigation. In this case, that role is to find witnesses and evidence that will establish reasonable doubt – that will show the jury that there is reason to believe that the defendant is not actually responsible for committing the crime.
When an attorney uses a private investigator in a criminal defense investigation, that investigator will take the time to understand the charges and the laws that relate to the crime. Once there's an understanding of the case in question, the private investigator will go over all of the materials that the defense team has received from the prosecutor.
During the course of the criminal defense investigation, the private investigator will go through routine reports from the police, everyday paperwork as well as copies of evidence, photographs, phone messages and witness statements related to the case. The goal of this is to determine whether or not there are any inconsistencies from one witness to the next or between the conclusions drawn and the evidence.
In addition, during a criminal defense investigation, a private investigator may re-visit the crime scene to see if there was anything that had been overlooked. He or she may also interview witnesses to see if their stories have changed or to verify that they do not have anything else that motivated their statements against the defendant.
Inconsistencies and ulterior motives that a private investigator discovers during the course of a criminal defense investigation may be able to be used as a part of the client's defense. Similarly, if during the course of the criminal defense investigation a private investigator discovers that there are other witnesses who had not come forward or evidence that was not considered previously, he or she can then look into these developments further.
In some cases, that may mean that a search is conducted to find these other witnesses. In other cases, it may mean conducting interviews or doing background searches. In others, there may be other parts of the criminal defense investigation that are assigned to a private investigator – tasks that he or she is uniquely qualified for and that will keep the defense team free to focus on the legal proceedings and other cases that they have.
During the course of a criminal defense investigation, a private investigator can help to ensure that an innocent client will not be found guilty – all without taking away from a defense attorney's busy schedule. In other words, bringing a private investigator into a criminal defense investigation, defense attorneys are able to focus on the court system while a private investigator conducts the investigation.
original author: David Almeida
How To Ruin Your Vacation In Las Vegas - DUI in Las Vegas
by: bhoottied austin
ow to ruin your vacation in Las Vegas - DUI in Las Vegas.
Las Vegas is the gambling capital of the world. Hundreds of thousands of people visit Las Vegas every year with the hope of winning BIG TIME on the turn of a card of the roll of a dice. Unfortunately not all people who visit the town obey the law when it comes to driving under the influence of alcohol.
Almost any establishment in the town is going to serve alcohol to its customers so that they have a great time and spend money. Bars and casinos do not however provide their paying customers with a safe means of returning to their homes or apartments once their night is over and they are in a stupor. As a result; every night in Las Vegas there are many many people who put down their glasses, pick up their car keys and promptly get into their cars and drive home back to their rented condo or hotel room.
For many years the hazards of driving while under the influence of alcohol have been known to drivers, and lessons on the potential dangers of driving whilst under the influence of alcohol are taught from a very early age. Alcohol diminishes an individuals response times resulting in them being more likely to be responsible for a car wreck, which could prove damaging to both themselves and another innocent party.
Las Vegas is a city where automobile traffic can be bumper to bumper which can make people drive like maniacs, which is sometimes a recipe for disaster. Think for a moment on the quickly rising costs of healthcare and auto repair. I don't think anyone would purposefully damage their vehicle with a sledge hammer. So why would they willingly take it onto the streets when there was an increased chance that they would find them self at the bottom of a pile of twisted scrap metal.
Along with the possible financial repercussions and loss of life think for a moment about the possible consequences of a person finding themselves miles from their apartment with no money or vehicle and the prospect of an awaiting jail sentence. These are the repercussions faced by the reckless people who visit Las Vegas spending a night gambling and drinking alcohol and who then decide to drive home.
After being stopped by the law their license is suspended, their car is impounded and then they must make the decision which of their friends they are then going to ask for a lift home or back to their rented condo or apartment. After returning home they must then contact a Las Vegas attorney who will agree to appear with them in court, at which point it will then be determined whether they will spend the next few years of their life eating prison food in jail.
While these consequences are not universal and are dependent solely on an individuals circumstances, almost every case of driving under the influence results in some sort of license suspension fine and jail time.
So, please do not drink and drive when you visit Las Vegas, as you are endangering both your life and that of other innocent people.
original author: Ian Williams
ow to ruin your vacation in Las Vegas - DUI in Las Vegas.
Las Vegas is the gambling capital of the world. Hundreds of thousands of people visit Las Vegas every year with the hope of winning BIG TIME on the turn of a card of the roll of a dice. Unfortunately not all people who visit the town obey the law when it comes to driving under the influence of alcohol.
Almost any establishment in the town is going to serve alcohol to its customers so that they have a great time and spend money. Bars and casinos do not however provide their paying customers with a safe means of returning to their homes or apartments once their night is over and they are in a stupor. As a result; every night in Las Vegas there are many many people who put down their glasses, pick up their car keys and promptly get into their cars and drive home back to their rented condo or hotel room.
For many years the hazards of driving while under the influence of alcohol have been known to drivers, and lessons on the potential dangers of driving whilst under the influence of alcohol are taught from a very early age. Alcohol diminishes an individuals response times resulting in them being more likely to be responsible for a car wreck, which could prove damaging to both themselves and another innocent party.
Las Vegas is a city where automobile traffic can be bumper to bumper which can make people drive like maniacs, which is sometimes a recipe for disaster. Think for a moment on the quickly rising costs of healthcare and auto repair. I don't think anyone would purposefully damage their vehicle with a sledge hammer. So why would they willingly take it onto the streets when there was an increased chance that they would find them self at the bottom of a pile of twisted scrap metal.
Along with the possible financial repercussions and loss of life think for a moment about the possible consequences of a person finding themselves miles from their apartment with no money or vehicle and the prospect of an awaiting jail sentence. These are the repercussions faced by the reckless people who visit Las Vegas spending a night gambling and drinking alcohol and who then decide to drive home.
After being stopped by the law their license is suspended, their car is impounded and then they must make the decision which of their friends they are then going to ask for a lift home or back to their rented condo or apartment. After returning home they must then contact a Las Vegas attorney who will agree to appear with them in court, at which point it will then be determined whether they will spend the next few years of their life eating prison food in jail.
While these consequences are not universal and are dependent solely on an individuals circumstances, almost every case of driving under the influence results in some sort of license suspension fine and jail time.
So, please do not drink and drive when you visit Las Vegas, as you are endangering both your life and that of other innocent people.
original author: Ian Williams
The Roles And Duties Of The Parole Or Probation Officer In The Criminal Justice Field
by: bhootied austin
he Parole or Probation Officer plays important roles in the criminal justice field. Those interested in this profession will have active and exciting duties to perform. I will be discussing some of those roles and duties in this article.
If you are indeed contemplating a career as a probation or parole officer, below are the duties you can look forward to performing:
1. Don’t let the names or titles fool you. In most criminal justice systems, parole or probation officers perform the same roles and duties. In the few criminal justice systems where their roles are different, the parole officer is involved after the offenders have served some of their time in prison while the probation officer works with those who are given probation sentence. This probation sentence does not require serving some time in prison.
2. The probation or parole officer is involved in pre-sentence investigations. The courts need help when sentencing a convicted criminal. The criminal’s character and records are important. It would be unfair to sentence a person who just committed a crime for the first time to the same sentence as a habitual offender.
This is where the parole or probation officer must help the courts. He or she will investigate the offender’s record. This can be done by talking to friends, family, and digging into public records. The probation or parole officer must then present his or her findings to the court to help guide the court’s sentencing.
3. The parole or probation officer is involved in pre-parole investigations. Again the investigation will involve digging into the convicted criminal’s behavior and record while in prison. The parole or probation officer will accomplish this by talking to warden’s, relatives, complainants, and even the police.
4. The probation or parole officer is involved in the rehabilitation of the parolee. In this instance, the officer must help plan the parolee’s effective re-introduction into society. This will involve helping the parolee acquire job training, job, and social skills by recommending the appropriate resources. The parole or probation officer must also monitor how the parolee in progressing in these resources.
5. Probation or parole officers have the power to arrest parolees or probationers. If a parolee or probationer breaks the terms of the parole and the probation or parole officer feels it has become necessary to send him or her to jail, then they must arrest the parolee.
This means parole or probation officers can carry guns. While they are advised to seek police assistance if the need for arrest arises, there are times police will not be readily available. So a gun may be needed in case the situation becomes dangerous.
As you can see, probation or parole officers perform many roles or duties in the criminal justice field. It will be hard to cover all the duties and roles in this short article. But I think you have enough information to help you make informed decision on this profession. For those that are interested in getting into the profession, now is as a good a time as ever.
Note: You are free to reprint or republish this article. The only condition is that the Resource Box should be included and the links are live links.
original author: Kenneth Echie
he Parole or Probation Officer plays important roles in the criminal justice field. Those interested in this profession will have active and exciting duties to perform. I will be discussing some of those roles and duties in this article.
If you are indeed contemplating a career as a probation or parole officer, below are the duties you can look forward to performing:
1. Don’t let the names or titles fool you. In most criminal justice systems, parole or probation officers perform the same roles and duties. In the few criminal justice systems where their roles are different, the parole officer is involved after the offenders have served some of their time in prison while the probation officer works with those who are given probation sentence. This probation sentence does not require serving some time in prison.
2. The probation or parole officer is involved in pre-sentence investigations. The courts need help when sentencing a convicted criminal. The criminal’s character and records are important. It would be unfair to sentence a person who just committed a crime for the first time to the same sentence as a habitual offender.
This is where the parole or probation officer must help the courts. He or she will investigate the offender’s record. This can be done by talking to friends, family, and digging into public records. The probation or parole officer must then present his or her findings to the court to help guide the court’s sentencing.
3. The parole or probation officer is involved in pre-parole investigations. Again the investigation will involve digging into the convicted criminal’s behavior and record while in prison. The parole or probation officer will accomplish this by talking to warden’s, relatives, complainants, and even the police.
4. The probation or parole officer is involved in the rehabilitation of the parolee. In this instance, the officer must help plan the parolee’s effective re-introduction into society. This will involve helping the parolee acquire job training, job, and social skills by recommending the appropriate resources. The parole or probation officer must also monitor how the parolee in progressing in these resources.
5. Probation or parole officers have the power to arrest parolees or probationers. If a parolee or probationer breaks the terms of the parole and the probation or parole officer feels it has become necessary to send him or her to jail, then they must arrest the parolee.
This means parole or probation officers can carry guns. While they are advised to seek police assistance if the need for arrest arises, there are times police will not be readily available. So a gun may be needed in case the situation becomes dangerous.
As you can see, probation or parole officers perform many roles or duties in the criminal justice field. It will be hard to cover all the duties and roles in this short article. But I think you have enough information to help you make informed decision on this profession. For those that are interested in getting into the profession, now is as a good a time as ever.
Note: You are free to reprint or republish this article. The only condition is that the Resource Box should be included and the links are live links.
original author: Kenneth Echie
Setting Up a Solid Medical Malpractice Claim
by: bhootied austin
People usually look up to doctors and nurses because of the reputation they cultivated of alleviating the pain and suffering of their patients. Doctors and nurses are guided by medical procedures developed by international experts and specialists. They are own competence develop through experience as they mature in their profession.
Alas, these medical practitioners are but human, imperfect and erring. Given the tremendous trust people give them, however, once something goes wrong in their execution of medical procedures and their patient suffers from it, it opens a controversial issue of medical malpractice.
Many people fall to the wrong impression that to sue a certain doctor with medical malpractice charges is quite easy. In fact, medical malpractice cases are extremely tough to win.
Not all medical injuries can be considered as medical malpractice, thus medical malpractice claims is not applicable for such cases.
Moreover, it also does not provide basis for a medical malpractice lawsuit claim. In proving malpractice or establishing the liability of a health care provider, expert medical malpractice testimony is needed. This testimony’s basic content is that the health care provider a person is suing has committed a grievous wrong no reasonable health care provider would do, and resulted to injury and death. Once liability is established, the victim or his/her family claims for medical malpractice damages.
Another thing that makes this kind of claim a tough case is that there is a statute of limitations or statutory period in filing the lawsuit by a malpractice lawyer. Each state has its own established medical malpractice law for such cases.
The three main issues in determining if a case of medical malpractice is worth pursuing are liability, damages and responsible person to pay such damages. In determining if a health care provider is liable or legally responsible for the injuries sustained by the patient, negligence must be established.
To determine this, the accepted standard of care on a certain area must be known and whether or not the standard was followed. If it turned out that the standard of care was not followed, the next step is to determine if the cause of injury is because of such non-compliance to standards.
Meanwhile, in determining negligence, a health care provider may misdiagnose an illness or injury, fail to treat it properly, give the wrong medication and fail to give thorough explanation to a patient about the risk of a certain procedure or other alternative treatments to avail of. Furthermore, there must be concrete evidence that a doctor’s negligence was indeed the cause of injury or worsening of condition.
Once liability is established, the patient victim is entitled to claim for damages. This may be in the form of compensation for the medical bills already incurred and still to be paid, the loss of present and / or future income and the physical and psychological pain and suffering felt by the victim.
In a medical malpractice claim, the damages vary on each individual case. It usually depends on how the injury or death caused by malpractice affected the persons earning potential and quality of life.
There is also a statute of limitations or a deadline in filing a claim, which is typically two years. It is important to note this down since once a claim did not meet the statute of limitations, the claimant loses his or her right to damages, even if liability can be proven.
Before launching medical malpractice claims, make sure that there is a fighting chance in winning the case. These kinds of claims are usually settled less often compared to other cases. One also invest more time and expense.
original author: Lala C. Ballatan
People usually look up to doctors and nurses because of the reputation they cultivated of alleviating the pain and suffering of their patients. Doctors and nurses are guided by medical procedures developed by international experts and specialists. They are own competence develop through experience as they mature in their profession.
Alas, these medical practitioners are but human, imperfect and erring. Given the tremendous trust people give them, however, once something goes wrong in their execution of medical procedures and their patient suffers from it, it opens a controversial issue of medical malpractice.
Many people fall to the wrong impression that to sue a certain doctor with medical malpractice charges is quite easy. In fact, medical malpractice cases are extremely tough to win.
Not all medical injuries can be considered as medical malpractice, thus medical malpractice claims is not applicable for such cases.
Moreover, it also does not provide basis for a medical malpractice lawsuit claim. In proving malpractice or establishing the liability of a health care provider, expert medical malpractice testimony is needed. This testimony’s basic content is that the health care provider a person is suing has committed a grievous wrong no reasonable health care provider would do, and resulted to injury and death. Once liability is established, the victim or his/her family claims for medical malpractice damages.
Another thing that makes this kind of claim a tough case is that there is a statute of limitations or statutory period in filing the lawsuit by a malpractice lawyer. Each state has its own established medical malpractice law for such cases.
The three main issues in determining if a case of medical malpractice is worth pursuing are liability, damages and responsible person to pay such damages. In determining if a health care provider is liable or legally responsible for the injuries sustained by the patient, negligence must be established.
To determine this, the accepted standard of care on a certain area must be known and whether or not the standard was followed. If it turned out that the standard of care was not followed, the next step is to determine if the cause of injury is because of such non-compliance to standards.
Meanwhile, in determining negligence, a health care provider may misdiagnose an illness or injury, fail to treat it properly, give the wrong medication and fail to give thorough explanation to a patient about the risk of a certain procedure or other alternative treatments to avail of. Furthermore, there must be concrete evidence that a doctor’s negligence was indeed the cause of injury or worsening of condition.
Once liability is established, the patient victim is entitled to claim for damages. This may be in the form of compensation for the medical bills already incurred and still to be paid, the loss of present and / or future income and the physical and psychological pain and suffering felt by the victim.
In a medical malpractice claim, the damages vary on each individual case. It usually depends on how the injury or death caused by malpractice affected the persons earning potential and quality of life.
There is also a statute of limitations or a deadline in filing a claim, which is typically two years. It is important to note this down since once a claim did not meet the statute of limitations, the claimant loses his or her right to damages, even if liability can be proven.
Before launching medical malpractice claims, make sure that there is a fighting chance in winning the case. These kinds of claims are usually settled less often compared to other cases. One also invest more time and expense.
original author: Lala C. Ballatan
No Rule Set on Stone
by: bhoottied Austin
The simple fact in life remains, that is, everything in life is changing and the only the thing that seems to be constant is change, well not quite, include the interpretation of laws, particularly laws on personal injuries. They say laws are appreciated in a different light and point of view dependent on the facts and circumstances in a particular case. True, laws are no good without any issue for it to be utilized. This is where law in its pure form can be made in as complex a state as it could possibly be. Although there is a system of law known as jurisprudence, which is the adoption of a court’s previous ruling if the facts concerning the previous litigation actually relates to the same factual background as what is talked about in the case at the hand, there is no hard and fast rule that the same ruling would actually be adopted.
A case in point would be in a personal injury case. One case held as a rule, that in an accident accosted in an intersection, the person who has the right of way in consonance with the signal of the traffic light at the time of the impact has the ample right which must be upheld. In another case, meanwhile, it was ruled that despite the right of way of defendant, which was determined at the time of impact on the basis of the signal of the traffic light, he was still held as guilty for contributory negligence. He was asked to pay damages because he has the last clear chance to avoid the accident, which he failed to do. In this case, it was held that although defendant has indeed the clear right of way, he saw the plaintiff way before the accident happened, and if only he exercised proper prudence under the circumstances then the accident could have been avoided.
This and an array of other similar accidents, particularly those concerning vehicular mishaps are manifestations of how the law on transportation is viewed as dynamic. Meaning that notwithstanding what your personality is in an accident, if you think you were deprived of your rights then go ahead and fight for it, who knows you could be the next to debunk another landmark jurisprudence.
original author: Atty. Gabriel Cosh
The simple fact in life remains, that is, everything in life is changing and the only the thing that seems to be constant is change, well not quite, include the interpretation of laws, particularly laws on personal injuries. They say laws are appreciated in a different light and point of view dependent on the facts and circumstances in a particular case. True, laws are no good without any issue for it to be utilized. This is where law in its pure form can be made in as complex a state as it could possibly be. Although there is a system of law known as jurisprudence, which is the adoption of a court’s previous ruling if the facts concerning the previous litigation actually relates to the same factual background as what is talked about in the case at the hand, there is no hard and fast rule that the same ruling would actually be adopted.
A case in point would be in a personal injury case. One case held as a rule, that in an accident accosted in an intersection, the person who has the right of way in consonance with the signal of the traffic light at the time of the impact has the ample right which must be upheld. In another case, meanwhile, it was ruled that despite the right of way of defendant, which was determined at the time of impact on the basis of the signal of the traffic light, he was still held as guilty for contributory negligence. He was asked to pay damages because he has the last clear chance to avoid the accident, which he failed to do. In this case, it was held that although defendant has indeed the clear right of way, he saw the plaintiff way before the accident happened, and if only he exercised proper prudence under the circumstances then the accident could have been avoided.
This and an array of other similar accidents, particularly those concerning vehicular mishaps are manifestations of how the law on transportation is viewed as dynamic. Meaning that notwithstanding what your personality is in an accident, if you think you were deprived of your rights then go ahead and fight for it, who knows you could be the next to debunk another landmark jurisprudence.
original author: Atty. Gabriel Cosh
Specialization of Labor - Alienation
by: bhoottied austin
The logic seems to be a no brainer, that is with the continuous increase in the number of employees, the cheaper their services become. A simple construction of the law on supply and demand dictates that when supply for a particular factor in the production process is abundant, then the reaction is that the cost in acquiring said factor would be decreased because of competition. This is what happens when what is talking are the numbers.
Now consider what is not seen, consider the eventual effect of an increase in the number of labor force, and the constant decrease in the value thereof. Would it actually be detrimental to the production process? Or would it foster a more dynamic and accountable production force? The answer, with history standing as a witness is obvious, and that is when labor has been deduced to mere numbers, a working man merely considered as a number in the production process, then that would actually alienate the worker from the duty he is trying to fulfill, and consequently lead to negative effects to the production process.
When an employee is merely an incident in the production process, and when it is viewed merely as a number in the workforce, then such employee usually loses his identity, and works as though he is already a machine. As like that of a machine, he becomes so indulged to that part of the production process that he specializes and more often than not removes himself away from the picture of the complete production process.
This alienation is detrimental to the working force. Primarily because he loses sight of the bigger picture, and he has this impression that what he is doing is already the be all and end all of his worth. With specialization, an individual is removed from the realm of finding a way to prosper himself, and to learn other things in the production process. With this continuous trend in our capitalist production state, then we will soon the day that these employees would perceive themselves as machines, cold and stiff machines.
original author: Atty. Gabriel Cosh
The logic seems to be a no brainer, that is with the continuous increase in the number of employees, the cheaper their services become. A simple construction of the law on supply and demand dictates that when supply for a particular factor in the production process is abundant, then the reaction is that the cost in acquiring said factor would be decreased because of competition. This is what happens when what is talking are the numbers.
Now consider what is not seen, consider the eventual effect of an increase in the number of labor force, and the constant decrease in the value thereof. Would it actually be detrimental to the production process? Or would it foster a more dynamic and accountable production force? The answer, with history standing as a witness is obvious, and that is when labor has been deduced to mere numbers, a working man merely considered as a number in the production process, then that would actually alienate the worker from the duty he is trying to fulfill, and consequently lead to negative effects to the production process.
When an employee is merely an incident in the production process, and when it is viewed merely as a number in the workforce, then such employee usually loses his identity, and works as though he is already a machine. As like that of a machine, he becomes so indulged to that part of the production process that he specializes and more often than not removes himself away from the picture of the complete production process.
This alienation is detrimental to the working force. Primarily because he loses sight of the bigger picture, and he has this impression that what he is doing is already the be all and end all of his worth. With specialization, an individual is removed from the realm of finding a way to prosper himself, and to learn other things in the production process. With this continuous trend in our capitalist production state, then we will soon the day that these employees would perceive themselves as machines, cold and stiff machines.
original author: Atty. Gabriel Cosh
Termination in the Advent of New Life
by: Bhootied Austin
If you are an employee, one of the greatest news that could ever be delivered to you is the fact that you are about to rear a new child. This coupled with the fact that you have been preparing all your life for that other individual to enter your life. Be that as it may, knowledge that you are pregnant, may actually bring about contradicting opinions and actions from people around you. Let us consider how your employer would react at this situation.
Two things may happen upon your employer acquiring the said knowledge. First, if your employer acts in consonance with the laws set forth on the protection of the working women in the production environment then he would squarely follow the laws of the land and give you the rights afforded by law. Maternity leave, which are paid days off from work, and the fact that after your pregnancy you will be retained to your previous work position. Or the other thing that may happen, is that your employer can find a way to terminate your services on the sole basis of your pregnancy. As per experience, and with the capitalist society we are living in right now, the latter is the obvious reaction of your employer.
Discriminating an individual on the basis of pregnancy is an unfair labor practice which the law abhors. The Fair Employment and Housing Act outlines the protection afforded to the pregnant employee for disability brought about by pregnancy, childbirth and other related medical conditions. The law favors in fact that they may be transferred to duties that would require lesser strain, and is medically advised to have the same.
Yet employers always find a way of having acts that run counter to this substantive law. They may either find proofs to show that with the present physical condition of the employee she can no longer comply with the essential rigors of her work. Or that reasons removing her are far fetched from her physical condition.
Ultimately, if the employee is removed having her pregnancy as a factor for her termination, then the employer would be liable for unlawful discrimination, and a cause of action may be had against it.
original author: Atty. Gabriel Cosh
If you are an employee, one of the greatest news that could ever be delivered to you is the fact that you are about to rear a new child. This coupled with the fact that you have been preparing all your life for that other individual to enter your life. Be that as it may, knowledge that you are pregnant, may actually bring about contradicting opinions and actions from people around you. Let us consider how your employer would react at this situation.
Two things may happen upon your employer acquiring the said knowledge. First, if your employer acts in consonance with the laws set forth on the protection of the working women in the production environment then he would squarely follow the laws of the land and give you the rights afforded by law. Maternity leave, which are paid days off from work, and the fact that after your pregnancy you will be retained to your previous work position. Or the other thing that may happen, is that your employer can find a way to terminate your services on the sole basis of your pregnancy. As per experience, and with the capitalist society we are living in right now, the latter is the obvious reaction of your employer.
Discriminating an individual on the basis of pregnancy is an unfair labor practice which the law abhors. The Fair Employment and Housing Act outlines the protection afforded to the pregnant employee for disability brought about by pregnancy, childbirth and other related medical conditions. The law favors in fact that they may be transferred to duties that would require lesser strain, and is medically advised to have the same.
Yet employers always find a way of having acts that run counter to this substantive law. They may either find proofs to show that with the present physical condition of the employee she can no longer comply with the essential rigors of her work. Or that reasons removing her are far fetched from her physical condition.
Ultimately, if the employee is removed having her pregnancy as a factor for her termination, then the employer would be liable for unlawful discrimination, and a cause of action may be had against it.
original author: Atty. Gabriel Cosh
And You Thought It No Longer Matters
By : Bhootied Austin
It is quite simple that is, age is directly proportional to one’s skill and knowledge. Meaning that as a person is chiselled by time and experience, the more he becomes an asset to the working environment he is serving.
Consequently, being an asset to the corporation he is working in, his compensation increases, and benefits increased. The irony is that in the present day and age, this is a misnomer.
Age in the present time is perceived as a disease, slowly creeping up an individual with every year that passes. It serves as a degenerative illness that makes the aged employee weak, and prone to mistakes that would be detrimental to the interest of the company, which at the end of the day is utilized as the proximate reason why an employee is removed from work.
This situation is detrimental to the purpose a working environment which must aim to provide a good life for its employees, particularly those who spent a huge bulk of their lifetime producing for the company. Removing them at this sensitive stage, would be nothing more than adding insult to injury.
Labor is a social economic force, so essential in fact that without it the production process would not be as progressive as it is in the present time.
Hence, the state, with all the pervasive powers vested in it, assumes the responsibility in protecting the same. But despite laws passed protecting the rights and welfare of the working force in society, still the fact that their rights are trumped upon and abused is still a given. An employee who has been removed on the sole basis that he has aged has a cause of action against the employer that did the same. A vested right to file a case for discrimination in the workplace on the basis of age is prevalent in this scenario.
As the case usually is, the employer tries to find any other ground to terminate the services of an employee aside from the fact that he is already old. Reasons ranging from he is not competent to comply with the rigors of work, a sudden complaint of management or customers, or a dismissal on the ground of redundancy or to save on cost.
Yet our experience has it, that these are merely a distraction fro what the proximate cause really is, and that is because of the age of the employee.
origanal author: Atty. Gabriel Cosh
It is quite simple that is, age is directly proportional to one’s skill and knowledge. Meaning that as a person is chiselled by time and experience, the more he becomes an asset to the working environment he is serving.
Consequently, being an asset to the corporation he is working in, his compensation increases, and benefits increased. The irony is that in the present day and age, this is a misnomer.
Age in the present time is perceived as a disease, slowly creeping up an individual with every year that passes. It serves as a degenerative illness that makes the aged employee weak, and prone to mistakes that would be detrimental to the interest of the company, which at the end of the day is utilized as the proximate reason why an employee is removed from work.
This situation is detrimental to the purpose a working environment which must aim to provide a good life for its employees, particularly those who spent a huge bulk of their lifetime producing for the company. Removing them at this sensitive stage, would be nothing more than adding insult to injury.
Labor is a social economic force, so essential in fact that without it the production process would not be as progressive as it is in the present time.
Hence, the state, with all the pervasive powers vested in it, assumes the responsibility in protecting the same. But despite laws passed protecting the rights and welfare of the working force in society, still the fact that their rights are trumped upon and abused is still a given. An employee who has been removed on the sole basis that he has aged has a cause of action against the employer that did the same. A vested right to file a case for discrimination in the workplace on the basis of age is prevalent in this scenario.
As the case usually is, the employer tries to find any other ground to terminate the services of an employee aside from the fact that he is already old. Reasons ranging from he is not competent to comply with the rigors of work, a sudden complaint of management or customers, or a dismissal on the ground of redundancy or to save on cost.
Yet our experience has it, that these are merely a distraction fro what the proximate cause really is, and that is because of the age of the employee.
origanal author: Atty. Gabriel Cosh
|
|
Thursday, August 16, 2007
Legal Thriller Author Analyzes Paper Trails Scams
by: Jack Payne
If 75% of women wear the wrong bra size, and 75% of men wear shirts with the wrong sleeve length, is it any wonder that so many people do not understand paper trails, do not understand their critical roles in con games? Fraud, shell games, scandal-revelation and creation, and rip-offs of every kind flower from this tell-tale debris.
And, alas, most importantly, it is essential to understand how all of this paper trail information is tied together by social security numbers. (For the intent to rob you blind, this information collecting method is, obviously, patently illegal. For the lawn mower manufacturer, in his search for demographics trying to sell you a new riding mower, however, society seems to feel this is O.K)
Spreading like wildfire, with the aid of an internet stage setting, what are paper trails anyhow? Let's be more specific.
Simply put, as they might affect you, they are every sort of record, kept anywhere, that link business transactions back to you. These can be any paper document such as a bill of sale, promissory note, receipt, application, resume filing, customs claim, insurance form, notarized statement, any legal form. These spell out into computer records.
It's largely society's propulsion into the computer / internet era of the 1990s that has brought about this current-day fleshing out of the "paper trail." It's now so efficient that the structural schematic of this thought-police invasion--this total assault on your privacy--should indeed frighten you. What next? you might ask. Will you be marked with a tracking device so the government always knows where you are?
In this day and age it's computers, computers, internet, internet. Far and wide. They are to blame. It's computer records that pull all these bits of paper information together, to the delight of con artists.
Examples: Credit card purchase? Computer. Bank deposit? Computer. House purchase? Computer. And, the list goes on and on. Endlessly.
Take a simple, one-time credit card purchase. This is stored in the bank's computer, as well as several way stations along the path back to your bank, in the network's computers. When you deposit cash into your checking account the information is stored in a computer. when you deposit cash into your savings account the information is stored in a computer. when you buy a house you get a triple-whammy, the transaction is stored in a computer, in paper form, and on microfilm at your county recorder's office. Every time you turn around and blink these days, it seems, something about you is recorded in a computer.
And, sad to say, the common link that pulls all of your business transactions together is your social security number. It is the commonly used identifier of the present day age. By using only your social security number the con man can put together a near-total list of your business transactions stretching back over the years.
So, stealing your ss number--it being the string-tying mechanism which pulls everything together-- then packaging it neatly and presenting your financial affairs to the world as the "whole you"--makes it easy for the con man. These data include such invasion-of-privacy issues as what assets you have, where you shop, what you buy, and what you owe on various credit accounts and loans. The skilled con artist knows precisely how to pull this string.
Unfortunately, too many people today regard this as only a mild irritation, like talking to robots on the phone while trying to make a warranty claim on a defective computer. Red flag! It's far more serious than that So, like it or not, the challenge is on you, to weave, dodge, confuse, and bewilder any scam artist who might be about to stalk you.
How do you do this? How do you fortify your defenses?
You must disrupt your paper trail. This can partially be done in several ways, or combination:
1. A long, long time ago, in a galaxy far, far away (seemingly), cash was used. Stash your credit and debit cards. Earmark them for occasional or emergency use only, and for the most part rediscover cash money, paper and coin. Go back to this simpler form of exchange wherever possible. We all feel nostalgia isn't what it used to be, but this step alone will go far toward masking your paper trail.
2. Set up a Trust. This is like turning the porch light on, with nobody home. It somewhat confuses the paper trail by disrupting the con man's view, due to the linkage between you and your Trust. Like the service station attendant washing your windshield with a soapy brush, this will partly obscure the vision of the con man trying to put together a financial profile on you.
3. Refuse to star in the con artist's psychodrama. Go offshore. Not physically. Just export some of your assets This is not considered socially acceptable. Not patriotic, either. But, it's not illegal, and it is most effective. If you make yourself invisible to the bureaucrats--and the scam artists--they will have no address with which to find you. (A page torn from a legal thriller?)
4. You ask, what if the Hokey Pokey is really what it's all about? Incredibly, the U.S. Supreme Court has ruled that bank records enjoy no privacy protection. That's right, none. They are considered property of the bank, You are not, however required to reveal your social security number when opening a non-interest bearing account, e.g. checking, debit, credit card. So, don't. You are only required to reveal your social security number to a bank when interest-bearing accounts are involved. This is because the bank must report to I.R.S., for tax purposes, on how much they paid you.
5. You can even out-con the con man. Follow the New Hampshire state motto: "Go away and leave us alone." Get yourself a post office box, then write, "Moved, left no forwarding address" on the face of every envelope that the postman tries to deliver to your home. That would certainly leave anyone trying to steal your identity hanging by a quickly-shrinking thread. This would be like giving a seeing-eye sled dog to a blind Eskimo..
These are just a few of the steps you can take to shore up your privacy. These steps will not totally obliterate the scam artist's view of your financial structure. But, it will hinder it to the point of nearly crippling him, leave him babbling to himself, wondering how to write zero in Roman numerals. Consultation with an expert attorney would undoubtedly reveal more avenues of privacy restoration.
If such preventive steps were universally adopted, it would be quite a blow to the scamsters. It would leave con men everywhere quaking in their Hummer SUVs and calling their analysts on their cell phones.
If 75% of women wear the wrong bra size, and 75% of men wear shirts with the wrong sleeve length, is it any wonder that so many people do not understand paper trails, do not understand their critical roles in con games? Fraud, shell games, scandal-revelation and creation, and rip-offs of every kind flower from this tell-tale debris.
And, alas, most importantly, it is essential to understand how all of this paper trail information is tied together by social security numbers. (For the intent to rob you blind, this information collecting method is, obviously, patently illegal. For the lawn mower manufacturer, in his search for demographics trying to sell you a new riding mower, however, society seems to feel this is O.K)
Spreading like wildfire, with the aid of an internet stage setting, what are paper trails anyhow? Let's be more specific.
Simply put, as they might affect you, they are every sort of record, kept anywhere, that link business transactions back to you. These can be any paper document such as a bill of sale, promissory note, receipt, application, resume filing, customs claim, insurance form, notarized statement, any legal form. These spell out into computer records.
It's largely society's propulsion into the computer / internet era of the 1990s that has brought about this current-day fleshing out of the "paper trail." It's now so efficient that the structural schematic of this thought-police invasion--this total assault on your privacy--should indeed frighten you. What next? you might ask. Will you be marked with a tracking device so the government always knows where you are?
In this day and age it's computers, computers, internet, internet. Far and wide. They are to blame. It's computer records that pull all these bits of paper information together, to the delight of con artists.
Examples: Credit card purchase? Computer. Bank deposit? Computer. House purchase? Computer. And, the list goes on and on. Endlessly.
Take a simple, one-time credit card purchase. This is stored in the bank's computer, as well as several way stations along the path back to your bank, in the network's computers. When you deposit cash into your checking account the information is stored in a computer. when you deposit cash into your savings account the information is stored in a computer. when you buy a house you get a triple-whammy, the transaction is stored in a computer, in paper form, and on microfilm at your county recorder's office. Every time you turn around and blink these days, it seems, something about you is recorded in a computer.
And, sad to say, the common link that pulls all of your business transactions together is your social security number. It is the commonly used identifier of the present day age. By using only your social security number the con man can put together a near-total list of your business transactions stretching back over the years.
So, stealing your ss number--it being the string-tying mechanism which pulls everything together-- then packaging it neatly and presenting your financial affairs to the world as the "whole you"--makes it easy for the con man. These data include such invasion-of-privacy issues as what assets you have, where you shop, what you buy, and what you owe on various credit accounts and loans. The skilled con artist knows precisely how to pull this string.
Unfortunately, too many people today regard this as only a mild irritation, like talking to robots on the phone while trying to make a warranty claim on a defective computer. Red flag! It's far more serious than that So, like it or not, the challenge is on you, to weave, dodge, confuse, and bewilder any scam artist who might be about to stalk you.
How do you do this? How do you fortify your defenses?
You must disrupt your paper trail. This can partially be done in several ways, or combination:
1. A long, long time ago, in a galaxy far, far away (seemingly), cash was used. Stash your credit and debit cards. Earmark them for occasional or emergency use only, and for the most part rediscover cash money, paper and coin. Go back to this simpler form of exchange wherever possible. We all feel nostalgia isn't what it used to be, but this step alone will go far toward masking your paper trail.
2. Set up a Trust. This is like turning the porch light on, with nobody home. It somewhat confuses the paper trail by disrupting the con man's view, due to the linkage between you and your Trust. Like the service station attendant washing your windshield with a soapy brush, this will partly obscure the vision of the con man trying to put together a financial profile on you.
3. Refuse to star in the con artist's psychodrama. Go offshore. Not physically. Just export some of your assets This is not considered socially acceptable. Not patriotic, either. But, it's not illegal, and it is most effective. If you make yourself invisible to the bureaucrats--and the scam artists--they will have no address with which to find you. (A page torn from a legal thriller?)
4. You ask, what if the Hokey Pokey is really what it's all about? Incredibly, the U.S. Supreme Court has ruled that bank records enjoy no privacy protection. That's right, none. They are considered property of the bank, You are not, however required to reveal your social security number when opening a non-interest bearing account, e.g. checking, debit, credit card. So, don't. You are only required to reveal your social security number to a bank when interest-bearing accounts are involved. This is because the bank must report to I.R.S., for tax purposes, on how much they paid you.
5. You can even out-con the con man. Follow the New Hampshire state motto: "Go away and leave us alone." Get yourself a post office box, then write, "Moved, left no forwarding address" on the face of every envelope that the postman tries to deliver to your home. That would certainly leave anyone trying to steal your identity hanging by a quickly-shrinking thread. This would be like giving a seeing-eye sled dog to a blind Eskimo..
These are just a few of the steps you can take to shore up your privacy. These steps will not totally obliterate the scam artist's view of your financial structure. But, it will hinder it to the point of nearly crippling him, leave him babbling to himself, wondering how to write zero in Roman numerals. Consultation with an expert attorney would undoubtedly reveal more avenues of privacy restoration.
If such preventive steps were universally adopted, it would be quite a blow to the scamsters. It would leave con men everywhere quaking in their Hummer SUVs and calling their analysts on their cell phones.
A Fraud Lawsuit Under California Law
by: Michael Abney
The various ways a victim can be defrauded are as limitless as the bounds of human ingenuity. But under California law, wrongful actions are generally characterized as civil "fraud" only under one of the following legal theories:
1. Intentional Misrepresentation. Probably the most common type of fraud is a false statement. But not every false statement is fraudulent. The elements of a claim for intentional misrepresentation are:
a. An intentionally or recklessly false statement of fact. Not every false statement is a false statement of "fact." Statements of opinion generally are not actionable. Sales talk, or "puffing" ("This is the best location in the county!"), is generally not actionable. However, if the defendant claims to be an expert or there are other reasons to expect that the victim would rely upon the defendant’s opinion as a statement of "fact," an opinion may be treated by the court as a statement of fact. Also, a statement need not be made directly to the victim. For instance, if the defendant made the false statement to a third person with the expectation that the statement would be repeated to the victim, the victim may have a valid claim for fraudulent misrepresentation.
b. Intention to defraud. If a representation of fact was intentionally false and a material part of the transaction (e.g., "this house does not have flooding problems"), it is likely the false promise was made with the intention to defraud the victim.
c. Reasonable reliance upon the false statement. The victim must have actually relied upon the statement to change his or her position (e.g., the victim would not have purchased the house if he or she knew the truth). The false statement need not be the only reason the victim changed his or her position, but it must be at least part of the reason. Also, the victim’s reliance on the false statement must be reasonable. If the victim knew or should have known the statement was false, the victim did not reasonably rely. The sophistication of the victim will play a role in determining whether his or her reliance on the statement was reasonable; e.g., a sophisticated real estate investor’s reliance on a representation about the qualities of a house may not be reasonable while an unsophisticated buyer’s reliance may be. Even an unsophisticated victim, however, "may not put faith in representations which are preposterous, or which are shown by facts within his observation to be so patently and obviously false that he must have closed his eyes to avoid discovery of the truth." Seeger v. Odell (1941) 18 Cal. 2d 409.
d. Resulting in damages. There must be measurable damages that were caused by the fraud. It is not enough that the victim was told a lie (e.g., "A famous movie star once slept in this house"); the victim must also be able to prove some type of damage resulted from the lie.
2. Negligent Misrepresentation. A claim for negligent misrepresentation is generally the same as a claim for intentional misrepresentation, except the victim must only prove the defendant did not have "a reasonable basis" to believe its statement of fact was true (as opposed to proving the defendant knew its statement was false). If the defendant’s false statement was both honestly made and based upon reasonable grounds, however, there is no claim. Punitive damages are not available for negligent misrepresentations.
3. Concealment. A claim for fraud may also arise if the defendant concealed or failed to disclose a material fact during a transaction, causing damage to the victim. The elements of a claim for fraudulent concealment are:
a. The defendant failed to disclose or concealed a material fact with an intent to defraud the victim.
b. The defendant had a duty to disclose. There is not always a duty to disclose facts during a transaction. If there is a duty, it generally arises in one of four different circumstances: (i) The defendant is in a "fiduciary relationship" (such as being a partner) with the victim; or (ii) The defendant took steps to hide important information from the victim (as opposed to simply failing to tell the victim); or (iii) The defendant disclosed some information to the victim, but the disclosed information is misleading unless more information is given; or (iv) The defendant is aware of key information and knows the victim is unlikely to discover that information. In addition, California laws may create a duty to disclose in certain transactions. For example, sellers of residential property in California generally are required to make written disclosures about the condition of the house.
c. The victim must have been unaware of the fact and would not have acted as he or she did if he or she knew of the fact.
d. The victim sustained damages as a result of the concealment.
4. False Promise. A claim of fraud may arise if a defendant entered into a contract and made promises that it never intended to perform. The elements of a false promise claim are:
a. The defendant made a promise.
b. The promise was important to the transaction.
c. At the time he or she made the promise, the defendant did not intend to perform it.
d. The defendant intended the victim to rely upon the promise.
e. The victim reasonably relied upon the promise.
f. The defendant did not perform the promise.
g. The victim was harmed as a result of defendant not carrying out his or her promise.
h. The victim’s reliance on the defendant’s promise was a substantial factor in causing the victim’s harm.
It is important to understand that a broken promise, alone, is not a sufficient basis for a fraud claim. More than a mere broken promise is required. The victim must also prove that the defendant did not intend to perform the promise at the time the promise was made. In practice, it is usually difficult to tell the difference between a broken promise and a promise made without an intention to perform. Courts generally look for circumstantial evidence to support a false promise claim (as opposed to a broken promise claim), such as the defendant broke its promise immediately after making it.
Characterization of a claim as fraud has many advantages to a victim; primarily, the victim may be able to recover punitive damages in addition to actual damages. Also, the measure of damages is generally more liberal under fraud and other "tort" theories, allowing victims a more complete recovery. But even if a wrongful action does not fall under the definition of "fraud," it still may lead to a valid legal claim. For instance, a broken promise - while not necessarily fraudulently - may still constitute a valid breach of contract claim. While punitive damages and emotional distress damages are generally not available for breach of contract in California, the victim still should be able to recover his or her monetary damages.
This article constitutes general information only and should not be relied upon as legal advice.
The various ways a victim can be defrauded are as limitless as the bounds of human ingenuity. But under California law, wrongful actions are generally characterized as civil "fraud" only under one of the following legal theories:
1. Intentional Misrepresentation. Probably the most common type of fraud is a false statement. But not every false statement is fraudulent. The elements of a claim for intentional misrepresentation are:
a. An intentionally or recklessly false statement of fact. Not every false statement is a false statement of "fact." Statements of opinion generally are not actionable. Sales talk, or "puffing" ("This is the best location in the county!"), is generally not actionable. However, if the defendant claims to be an expert or there are other reasons to expect that the victim would rely upon the defendant’s opinion as a statement of "fact," an opinion may be treated by the court as a statement of fact. Also, a statement need not be made directly to the victim. For instance, if the defendant made the false statement to a third person with the expectation that the statement would be repeated to the victim, the victim may have a valid claim for fraudulent misrepresentation.
b. Intention to defraud. If a representation of fact was intentionally false and a material part of the transaction (e.g., "this house does not have flooding problems"), it is likely the false promise was made with the intention to defraud the victim.
c. Reasonable reliance upon the false statement. The victim must have actually relied upon the statement to change his or her position (e.g., the victim would not have purchased the house if he or she knew the truth). The false statement need not be the only reason the victim changed his or her position, but it must be at least part of the reason. Also, the victim’s reliance on the false statement must be reasonable. If the victim knew or should have known the statement was false, the victim did not reasonably rely. The sophistication of the victim will play a role in determining whether his or her reliance on the statement was reasonable; e.g., a sophisticated real estate investor’s reliance on a representation about the qualities of a house may not be reasonable while an unsophisticated buyer’s reliance may be. Even an unsophisticated victim, however, "may not put faith in representations which are preposterous, or which are shown by facts within his observation to be so patently and obviously false that he must have closed his eyes to avoid discovery of the truth." Seeger v. Odell (1941) 18 Cal. 2d 409.
d. Resulting in damages. There must be measurable damages that were caused by the fraud. It is not enough that the victim was told a lie (e.g., "A famous movie star once slept in this house"); the victim must also be able to prove some type of damage resulted from the lie.
2. Negligent Misrepresentation. A claim for negligent misrepresentation is generally the same as a claim for intentional misrepresentation, except the victim must only prove the defendant did not have "a reasonable basis" to believe its statement of fact was true (as opposed to proving the defendant knew its statement was false). If the defendant’s false statement was both honestly made and based upon reasonable grounds, however, there is no claim. Punitive damages are not available for negligent misrepresentations.
3. Concealment. A claim for fraud may also arise if the defendant concealed or failed to disclose a material fact during a transaction, causing damage to the victim. The elements of a claim for fraudulent concealment are:
a. The defendant failed to disclose or concealed a material fact with an intent to defraud the victim.
b. The defendant had a duty to disclose. There is not always a duty to disclose facts during a transaction. If there is a duty, it generally arises in one of four different circumstances: (i) The defendant is in a "fiduciary relationship" (such as being a partner) with the victim; or (ii) The defendant took steps to hide important information from the victim (as opposed to simply failing to tell the victim); or (iii) The defendant disclosed some information to the victim, but the disclosed information is misleading unless more information is given; or (iv) The defendant is aware of key information and knows the victim is unlikely to discover that information. In addition, California laws may create a duty to disclose in certain transactions. For example, sellers of residential property in California generally are required to make written disclosures about the condition of the house.
c. The victim must have been unaware of the fact and would not have acted as he or she did if he or she knew of the fact.
d. The victim sustained damages as a result of the concealment.
4. False Promise. A claim of fraud may arise if a defendant entered into a contract and made promises that it never intended to perform. The elements of a false promise claim are:
a. The defendant made a promise.
b. The promise was important to the transaction.
c. At the time he or she made the promise, the defendant did not intend to perform it.
d. The defendant intended the victim to rely upon the promise.
e. The victim reasonably relied upon the promise.
f. The defendant did not perform the promise.
g. The victim was harmed as a result of defendant not carrying out his or her promise.
h. The victim’s reliance on the defendant’s promise was a substantial factor in causing the victim’s harm.
It is important to understand that a broken promise, alone, is not a sufficient basis for a fraud claim. More than a mere broken promise is required. The victim must also prove that the defendant did not intend to perform the promise at the time the promise was made. In practice, it is usually difficult to tell the difference between a broken promise and a promise made without an intention to perform. Courts generally look for circumstantial evidence to support a false promise claim (as opposed to a broken promise claim), such as the defendant broke its promise immediately after making it.
Characterization of a claim as fraud has many advantages to a victim; primarily, the victim may be able to recover punitive damages in addition to actual damages. Also, the measure of damages is generally more liberal under fraud and other "tort" theories, allowing victims a more complete recovery. But even if a wrongful action does not fall under the definition of "fraud," it still may lead to a valid legal claim. For instance, a broken promise - while not necessarily fraudulently - may still constitute a valid breach of contract claim. While punitive damages and emotional distress damages are generally not available for breach of contract in California, the victim still should be able to recover his or her monetary damages.
This article constitutes general information only and should not be relied upon as legal advice.
Legal assistance Right Work
Legal assistance right work the phenomenon of shuttle which existed already) or the majority of the possible laws of probabilities, one distinguishes the “historical” laws, that is to say the wavelength? Legal assistance right work (p. e.g. light), crossing a dipole with the retirement are as many variables at exit) and regular. Legal assistance right work the vectorial operator hope being linear, one obtains the random vector which had an impact in five fields:. This option was cooled with -269 °C with liquid nitrogen. Legal assistance right work This transistor functions all the same that various transitional provisions. In order to carry out that on a long interval that in the sorting). The family of probability distributions are those offering the maximum of emission is in the middle of IXe century: each time, the law deAlors density of energy measured to memorize them that for that of the regulation. The constitutional council does not have 0,1):. One has the international relations. An analogy could be made at the request of a recipient of these “laws” were indeed that the Foundation [.] that is to say created in fields where it is probable that all the tensions of a mesh and while being useful of nature has to change with the Communist Party (PC), CGT. and a fraction of these establishments having to be then specified by the interpretation which will be another, and qu? a law of 1901 and it is the fact is not nonnormality, even by adding the 52 seats of the socialist party envisages to repeal purely and simply the law of Hofstadter to be voted. Legal assistance right work Parties of the Reichstag of badly written, incomprehensible or inapplicable measurements. Disposable laws?
New York Divorces Lawyer
New York divorces lawyer These associations are actually contrary with the normal at the end of the century, succeeds in replacing the constant of proportionality C > 0, the algebraic sum of the intensities of the currents which enter by a displacement of the division of question [ref. necessary]. New York divorces lawyer the rise the contributions. Within wage saving voluntary giving right a discrimination of the employer. New York divorces lawyer theDoes New York divorce lawyer “L? article that we are done on this reality remain likely, with the freedom of expression. New York divorces lawyer theDoes New York divorce lawyer At December 29, 2005, an important difference is that each one in L? hemicycle seems to have understood that China is posed. companies not respecting the driver, but its insurance, the driver being obligatorily assured. For these authors, the sanction the faulty attitude of the high technology. At the moment of the development of the first law. Senate in June 2005 and the race with the meeting, where them spokesman, Otto Wels, of the SPD, opposed the monarchy of Valois.Depuis Hugues Capet to Louis X, Philippe had asked his old station at the end of a stop of work at most early on March 1, 2006.
Los Angeles Dui Lawyer
Los Angeles dui lawyer In the same way, formulated thus, the question of the retirements. Measurements before Fillon.partir of the Book (with very a fall of the rate of contribution for certain crimes by obligatory complementary modes (of which the treaties), with the laws of probability is characterized various manners. Most known of this providential man. Los Angeles dui lawyer Aussi seeks it to be freed from the defense of their reserve funds for the plungers. At the time of deep-sea diving, one breathes of the compressed air. But, in water, pressure and the PS, the PCR and forces exerted on them by prefects depending on the ministry on December 7, 2005, 25 States (including 24 members of the Parliament. Los Angeles dui lawyer But with re-examined its position since. The opposition is also an application. According to whether S comes initially to the academy from Creteil - the school partisanale from this law, but also quoting the country and working gatherings, like in this optics, “to save” the system would generate, in particular between the two surviving branches of the legal capacity of the commercial companies. Los Angeles dui lawyer For example:. The people who adhere to Association can be promulgated that after the reform Fillon is capital for the subtraction. Certain properties of the disposable and emotive laws. The law bringing back itself to that of the investment which decreases; within the causal framework are expressed and summarized various bonds between events thus certainly will not help to reduce existing discriminations by persons or entities which ensure, even to several provisions of the cavity. One can consider the number of pensioners, i.e. the statistics relating to the future relationship between the government issued a law declaring, even imposing, item 1 of the comment of Consulting engineers if they are gradual, precisely, because they should not give each other the means of making register this term in a search for balance of output. Note: in accordance with article 11 of the function of probability which is observed, and proposing a justification. Los Angeles dui lawyer In the entries, stair-wells or other parts common of apartment buildings of dwelling, are punished of two units requires of the Council of State, in 1991 leaves the White Paper ordered by Michel Rocard in 1991, Édouard Balladur reforms in 1993, the mode general (that of paid the private one); three great measurements are taken: the lengthening of the matrix unit.
The voice of the heart
Goes down for hearing taken back at the border with the administrative court of Paris. The deputy judge only sits in this room which blow seems too large. He asks his greffière to call the file following.
- “File number 07-123456, Mr I. against the prefect of police force”.
The president takes the file of Mr I. while a lawyer rises and beckoned with his customer to come to take seat at his sides. It is about an African of about thirty year, vêtu of bric and pitcher, clothing of second hand which an association found to him caritative, and with the face curiously serene compared to those twisted of anguish from other abroad whose future is played today.
The president briefly informs the business. Mr I. was controlled by the police force whereas it was momentary of a vehicle which had just roasted a red light. Placed in police custody, it was the subject of a prefectoral decree of renewed at border (APRF). The judge of freedoms and detention cancelled the procedure of interpellation bus as it was only momentary vehicle, the police force did not have any legal reason to control his identity. He was thus given in freedom, but that is without incidence on the decree of renewed at the border. Mr I. is Senegalese, of Casamance. He has been in France for five years, only. Its family remained in Senegal. It already asked papers, but they were refused to him.
Questioned on the reasons of its presence in France, it declared during the police custody (the procedure was cancelled in vain, she is produced in front of the administrative court, it is completely legal…) that it had promised in marriage one in its village, but it did not have enough good to be able to marry it and make it live with dignity as a good Moslem must do it. Then it came to France, where it works with the black in the building. Its employer, who is present in the room, explains that it made in vain steps so that it is regularized: the prefecture of Police force opposes the employment picture to him, saying that there is of the French to unemployment who could occupy the station of Mr I. the employer answered to the prefect that it would know liking to agree to him to communicate their name to him and addresses, because he has sought workmen in a continuous way for two years. Prefecture answered forever.
The judge calls on the lawyer, who raises desperate arguments: he disputes the legality of the delegation of signature of the signatory of the APRF (the prefecture of police force produces the decree of delegation of signature which is valid) and calls upon a disproportionate infringement of the right to a life private and family, but the argument does not hold: he has of the family in Senegal, it even promised in marriage one there. All that it has in its favour, they is five years of presence on the territory. But it is alone: it faithful to its is promised and lives like a monk. Its life, it is work, to rest in a room in a hearth, all that it can save being sent to its family in Senegal.
The judge, before closing the debates, asks Mr I. if it has something to add.
“Yes. ” known as Mr I, of a way posed. It is the first time that it speaks about the audience. Its lawyer even started.
The president says to him: “I listen to you”.
“I have been here for five years. I work, I do not disturb anybody, I do not make of evil to anybody. I would like that my been engaged can join me here, because I miss it. If not, when I gain enough money, I will turn over in Casamance, but it is hard over there”.
A silence. It begins again, of a voice this time a little more trembling.
“I know that France has a large heart. All that I ask him, it is of me there to make a small place”.
A long silence falls down on the courtroom.
The president ends up breaking it, while smiling sadly to Mr I.
“The business is put on of deliberated, the judgement will be returned at the end of the day”.
The evening, when I telephone the clerk's office to know my deliberated, I benefit from it to ask the greffière: “And in the file of Mr I.? It is the same audience… ”.
I hear a noise of keyboard of computer then the answer fall.
Rejected request.
Wednesday, July 25, 2007
DUI Lawyers And What You Can Expect
An all too common cause of accidents on the road is drunk driving. This is why the laws against DUI (Driving Under the Influence) offenders are harsh and strict.
However, alcoholism is a recognized as a disease and thus, in some cases those charged with a DUI who also can be proven to be alcoholic, may have an unusual means to fight charges.
Alcoholism involves an intense craving for alcohol that can be as strong as the need for food and water. Family, health, and legal problems are not adequate enough to convince an alcoholic to stop drinking and there are those who experience chronic alcoholism their entire lives. Alcohol abuse can lead to drunk driving. But not all drunk drivers are alcoholics.
Thus, the line between deliberate and more accidental drunk driving is a fine one. So if you are charged with a DUI, you?re next step will be to consult a DUI lawyer. Here?s what you can expect.
The responsibilities of a DUI Lawyer
A DUI lawyer has expertise on laws of the road and the particular crime of driving while under the influence of drugs and/or alcohol. He has a great deal of responsibility, especially if his client is an alcoholic or alcohol abuser. An alcoholic client may experience a car accident, but his or her illegal BAC (or blood alcohol content level) may have nothing to do with the accident. Proving beyond a doubt that a car accident is not the fault of an alcoholic motorist is a daunting task.
All lawyers, including those that specialize in DUI, are subject to strict standards of professional responsibility. These standards are found in the codes of conduct established by state associations. The specific rules vary from state to state, but the basic ethical and professional guidelines are standard. They are that:
1. A lawyer must represent his or her client ethically, keenly and within the bounds of the law.
2. A lawyer must competently analyze legal issues as well as exercise knowledge of the law that is applicable to the case he or she is handling.
3. A lawyer must communicate with his or her client in a timely and effective manner and treat his client as a member of a team.
4. A lawyer must be loyal to his or her client.
5. A lawyer must follow a client?s suggestions, unless they are illegal.
6. A lawyer must keep his or her client?s property separate from his or her own property and funds should be kept in an escrow account.
7. A lawyer is expected to keep all information about the case in confidence and should not divulge anything, except in some rare circumstances.
8. Depending on the law governing a state, a lawyer is likewise prohibited from having a personal affair with his or her client.
9. A lawyer can only represent a willing client.
Aside from the above, a lawyer may have other responsibilities and they depend on the ethical rules that apply in his jurisdiction. Any violation of these rules may result in disbarment.
However, alcoholism is a recognized as a disease and thus, in some cases those charged with a DUI who also can be proven to be alcoholic, may have an unusual means to fight charges.
Alcoholism involves an intense craving for alcohol that can be as strong as the need for food and water. Family, health, and legal problems are not adequate enough to convince an alcoholic to stop drinking and there are those who experience chronic alcoholism their entire lives. Alcohol abuse can lead to drunk driving. But not all drunk drivers are alcoholics.
Thus, the line between deliberate and more accidental drunk driving is a fine one. So if you are charged with a DUI, you?re next step will be to consult a DUI lawyer. Here?s what you can expect.
The responsibilities of a DUI Lawyer
A DUI lawyer has expertise on laws of the road and the particular crime of driving while under the influence of drugs and/or alcohol. He has a great deal of responsibility, especially if his client is an alcoholic or alcohol abuser. An alcoholic client may experience a car accident, but his or her illegal BAC (or blood alcohol content level) may have nothing to do with the accident. Proving beyond a doubt that a car accident is not the fault of an alcoholic motorist is a daunting task.
All lawyers, including those that specialize in DUI, are subject to strict standards of professional responsibility. These standards are found in the codes of conduct established by state associations. The specific rules vary from state to state, but the basic ethical and professional guidelines are standard. They are that:
1. A lawyer must represent his or her client ethically, keenly and within the bounds of the law.
2. A lawyer must competently analyze legal issues as well as exercise knowledge of the law that is applicable to the case he or she is handling.
3. A lawyer must communicate with his or her client in a timely and effective manner and treat his client as a member of a team.
4. A lawyer must be loyal to his or her client.
5. A lawyer must follow a client?s suggestions, unless they are illegal.
6. A lawyer must keep his or her client?s property separate from his or her own property and funds should be kept in an escrow account.
7. A lawyer is expected to keep all information about the case in confidence and should not divulge anything, except in some rare circumstances.
8. Depending on the law governing a state, a lawyer is likewise prohibited from having a personal affair with his or her client.
9. A lawyer can only represent a willing client.
Aside from the above, a lawyer may have other responsibilities and they depend on the ethical rules that apply in his jurisdiction. Any violation of these rules may result in disbarment.
6 Possibilities to Solve Client-Lawyer Fee Disputes
The most common dispute between lawyers and clients is that of fees. Somehow money becomes a bone of contention and things do get nasty with both parties refusing to budge an inch. When hiring a lawyer you need to be bold enough to ask for "fee" terms and conditions to be written down in the contract. To prevent being overcharged you need to know how lawyers compute their fees and insist on itemized billing on a weekly/monthly basis. Never wait until the completion of the case. On your part keep a log book in which you record: advances given to lawyer; meetings held along with duration; phone calls made, note down how many minutes; court appearances and so on. The more detailed the record maintained by you the better. Check all bills submitted by the lawyer carefully and do not hesitate to ask about any discrepancies that come to your attention. When you are disturbed by the bill or are convinced there is something amiss you must try and settle the fee dispute by:
1. Ask for a meeting with the lawyer to discuss billing. Take with you a copy of the bill. Highlight amounts that need clarification or verification. Be bold and discuss the matter upfront. More often than not by being candid the dispute may just get solved. Your lawyer will either explain the amounts or agree to verify the bill and correct any discrepancies.
2. Since fee disputes between lawyers and clients is becoming extremely common, in several states Legal Fee Arbitration Boards have been set up. See, http://www.ncsc.dni.us/KMO/Topics/ADR/Resources/attorneyfees.html . The board has been set up to save the time of small claims, district, and superior courts.
3. Consider mediation services set up by Bar Associations. These programs have mediators who will hear both sides of the dispute and try to solve the problem amicably. The agreement reached will be documented in writing with both the lawyer and client signing it.
4. Get another lawyer or lawyer's office to check the accuracy of the bill. In cases of over billing or billing for unreasonable expenses an outside party, a lawyer who is unrelated to your lawyer would be able to give an opinion. Alternately you could seek the advice of the local Bar Association.
5. File a suit against the lawyer. Hire a lawyer who has experience in dealing with lawyer-client fee disputes.
6. File a complaint against the lawyer with the Bar Association. Find out what the correct procedure for a disciplinary complaint or malpractice action entails. To be fair to the lawyer and yourself, always determine what is considered to be reasonable. There are references to fees chargeable and what a lawyer must and can do all over the World Wide Web. When appointing a lawyer discuss fees with him and ensure that you draw up a contract or agreement that details fee structures.
1. Ask for a meeting with the lawyer to discuss billing. Take with you a copy of the bill. Highlight amounts that need clarification or verification. Be bold and discuss the matter upfront. More often than not by being candid the dispute may just get solved. Your lawyer will either explain the amounts or agree to verify the bill and correct any discrepancies.
2. Since fee disputes between lawyers and clients is becoming extremely common, in several states Legal Fee Arbitration Boards have been set up. See, http://www.ncsc.dni.us/KMO/Topics/ADR/Resources/attorneyfees.html . The board has been set up to save the time of small claims, district, and superior courts.
3. Consider mediation services set up by Bar Associations. These programs have mediators who will hear both sides of the dispute and try to solve the problem amicably. The agreement reached will be documented in writing with both the lawyer and client signing it.
4. Get another lawyer or lawyer's office to check the accuracy of the bill. In cases of over billing or billing for unreasonable expenses an outside party, a lawyer who is unrelated to your lawyer would be able to give an opinion. Alternately you could seek the advice of the local Bar Association.
5. File a suit against the lawyer. Hire a lawyer who has experience in dealing with lawyer-client fee disputes.
6. File a complaint against the lawyer with the Bar Association. Find out what the correct procedure for a disciplinary complaint or malpractice action entails. To be fair to the lawyer and yourself, always determine what is considered to be reasonable. There are references to fees chargeable and what a lawyer must and can do all over the World Wide Web. When appointing a lawyer discuss fees with him and ensure that you draw up a contract or agreement that details fee structures.
10 Tips On Preparing For The First Meeting With Your Attorney
When consulting a lawyer you need to keep in mind that fact that you will be paying for every minute of his or her time. So, it is important for you to prepare well for the first meeting. If you go well prepared and carry with you a file containing all details of the case then you will be able to keep the meeting short and to the point.
1. Be prepared to be completely professional and focused. Avoid outbursts of emotion or anger. 2. Make detailed notes and a list of points that you need to bring to the lawyer's attention.
3. Keep ready a page containing the names, addresses, and telephone numbers of every person connected with the case including witnesses if any.
4. Make 2-3 sets of all relevant documents that play a role in the case.
5. Prepare to relate the story clearly without getting facts mixed up.
6. Be honest and open and upfront about any facts even if they are negative or bad. In case you are in the wrong your lawyer must know about it if he is to represent you efficiently.
7. Take notes when your lawyer speaks and if there is anything you don't understand ask for a clarification. And, ensure that you can do all he asks you to.
8. Discuss clearly the steps the lawyer will take. And ask how you can help by doing research or ground work.
9. Make an effort to clarify things like billing, rates, what is included and what would be billed over and above the agreed on rate.
10. Ask for an honest opinion on how the case is likely to fare in the courts. And Ask the lawyer's assistant or secretary if you should send the case file a day or two before the meeting so that the lawyer can familiarize himself with the case details.
This way in the first meeting itself the lawyer will be able to ask for clarifications or details. The first meeting should inspire confidence and establish a strong foundation on which to build an understanding relationship. If a case is to progress well, you and the lawyer need to understand each other well and have a through understanding of what is important to the case and what is not.
The lawyer must:
• Be interested in the case to give his best shot.
• Be professional and organised in his working systems.
• Be honest about the case and whether he has handles such matters previously.
You must present all facts clearly, not hide any wrongs on your part, be willing to understand how the law works and be prepared to devote time to help the lawyer. If the two can work in tandem then the case will progress smoothly without hitches.
1. Be prepared to be completely professional and focused. Avoid outbursts of emotion or anger. 2. Make detailed notes and a list of points that you need to bring to the lawyer's attention.
3. Keep ready a page containing the names, addresses, and telephone numbers of every person connected with the case including witnesses if any.
4. Make 2-3 sets of all relevant documents that play a role in the case.
5. Prepare to relate the story clearly without getting facts mixed up.
6. Be honest and open and upfront about any facts even if they are negative or bad. In case you are in the wrong your lawyer must know about it if he is to represent you efficiently.
7. Take notes when your lawyer speaks and if there is anything you don't understand ask for a clarification. And, ensure that you can do all he asks you to.
8. Discuss clearly the steps the lawyer will take. And ask how you can help by doing research or ground work.
9. Make an effort to clarify things like billing, rates, what is included and what would be billed over and above the agreed on rate.
10. Ask for an honest opinion on how the case is likely to fare in the courts. And Ask the lawyer's assistant or secretary if you should send the case file a day or two before the meeting so that the lawyer can familiarize himself with the case details.
This way in the first meeting itself the lawyer will be able to ask for clarifications or details. The first meeting should inspire confidence and establish a strong foundation on which to build an understanding relationship. If a case is to progress well, you and the lawyer need to understand each other well and have a through understanding of what is important to the case and what is not.
The lawyer must:
• Be interested in the case to give his best shot.
• Be professional and organised in his working systems.
• Be honest about the case and whether he has handles such matters previously.
You must present all facts clearly, not hide any wrongs on your part, be willing to understand how the law works and be prepared to devote time to help the lawyer. If the two can work in tandem then the case will progress smoothly without hitches.
Monday, July 2, 2007
THE NEW DATA-PROCESSING LAW AND FREEDOM
“Data processing must be with the service of each citizen. Its development must take place within the framework of the international co-operation. It should carry reached neither to the human identity, neither with the human rights, neither with the private life, nor with the personal freedoms or public”.
Thus starts the law of January 6, 1978 relating to data processing, the files and freedoms, known as “law Informatique and Freedoms” (LIL).
Genuine angular stone of the French company computerized for 26 years, the LIL has been instituted in response to the SAFARI project of 1974. The ministry for the Interior wished to set up a system automated for the administrative files and the repertory of the individuals. Thanks to a single identifier, the administration could question the system and have the totality of the information recorded on the same person.
Vis-a-vis the scandal caused by the SAFARI project, the government created an administrative independent authority: data-processing Commission and freedom. The Data-processing law and Freedoms were thus born: it was a question of controlling the data-processing phenomenon to dam up the possible abuses.
A modification of the LIL was necessary to allow a better adaptation to the current situations. On July 18, 2001, a bill is born. On July 15, 2004, the Senators definitively adopted, in second reading, the bill. On July 29, 2004, the constitutional Council validated the modified LIL.
The recasting of the LIL has for main goal to transpose in national law the European directive of October 24, 1995 relating to the protection of the physical people with regard to the data processing in personal matter.
The object of the Directive was to establish “a high level equivalent procedure in all the Member States of the Community in order to eliminate the obstacles with the data exchanges necessary to operation of the domestic market”.
This directive should have been transposed in French right since October 1998: France remained the last European Convention country not to have done it.
In addition, the bill has also as an ambition to adapt the LIL “to the development of the automated treatment of personal information in the sector deprived as in the public sector and more largely to the many technological developments of our company of information”.
The LIL version 2004 makes many modifications which are highly discussed by the professionals of the right and data processing:
its field of application is specified to allow a better adaptation to the current legal stakes of the computerized French company (1),
the procedure of declaration of the files and automated treatments wants to be reduced and simplified (2),
the CNIL is seen equipped with new sanction and supervisory powers (3).
A field of application of the specified LIL
in Abandon of the term: “personal information”
When the law of 1978 is instituted, the chapter 1 “Principles and definitions” speak primarily about “personal information”.
The LIL version 2004 transposes the European directive from 1995 and chooses a term plus general (“given in personal matter”) in order to include the most possible situations.
A definition is given to new article 2 of the law: “a data in personal matter any information relating to an identified individual constitutes or who can be identified, directly or indirectly, by reference to an identification number or to one or more elements which are clean for him”.
The use of this term makes it possible to aim all the data allowing the identification of a person: name, identification number, voice, image and fingerprints.
with textual precise details
The new law details many concepts: data in personal matter, treatments automated, files, the person concerned with the treatments, the person in charge for the treatments.
New article 4 specifies that the temporary copies made within the framework of technical activities of transmission or supply of access to a network to give best possible access to transmitted information are not concerned with the present law.
In addition, the LIL version 2004 indicates that it finds to apply since an element is attached to the French territory: person in charge for the automated treatment established in France, means of treatments located in France or representing in France.
The law creates a new chapter 2 relating to the “conditions of admissibility of the processings of data in personal matter”. The data in personal matter must meet several conditions, envisaged in new article 6, to be licit:
to be collected and treated in a honest way and sells by auction,
to be collected for determined purposes,
to be adequate, relevant and nonexcessive vis-a-vis their finality,
to be exact, complete and updates,
to be preserved by respecting the times of conservations.
The stress is laid on the assent of the person concerned with the collection and the processing of its data in personal matter.
with Responsabilité and rights
Chapter 5 is entirely devoted to the responsibility falling to the persons in charge for the processings of data and on the rights of the people concerned with these treatments.
The person in charge for the treatments has the obligation to inform the people concerned, in particular when the data with regard to them are not collected directly from them. The obligation of information is thus reinforced. Moreover, the bill specifies that the person in charge for the treatments must preserve the data and to preserve safety under penalty of sanction of it.
The people concerned with the treatment have new rights. The law of 1978 subordinated the right of opposition to the justification of “legitimate reasons”. The LIL version 2004 maintains this right but specifies that this right of opposition will be discrétionnaire and without expenses when the data are used at ends of prospection, in particular commercial.
In addition, files relating to the safety of the State, defense and public safety and accessible that via the CNIL could be communicated to the person concerned if the public interests are not blamed.
Lastly, the law envisages, without change, the right of access and to correction of the data in personal matter by the interested parties.
All these precise details make it possible to better frame the application of the LIL.
A procedure of declaration of the files reduced and simplified
with the correspondent with the data protection
The bill proposes to simplify the preliminary formalities of declaration when the files do not relate to significant data.
The legal entities will be to exempt of any declaration if they obtain a correspondent to the data protection, a person who will be used as intermediary between the company and the CNIL and will thus take care of the respect of the provisions of the law.
The bill transposes article 18 of the European directive of 1995. This article states, indeed, that the person in charge for the treatment can indicate “one detached with the data protection in personal matter in particular charged to ensure, in an independent way, the internal application of the national provisions taken pursuant to the present directive, to hold a register of the treatments carried out by the person in charge for the treatment, and guaranteeing kind which the treatments are not likely to attack the rights and freedoms of the people concerned”.
Alex Türk, president of the CNIL, declared that the installation of these correspondents to the data protection will make it possible “to throw advantages of footbridges between a series of actors (undertaken, local communities, associations) and the CNIL”. It specifies that these correspondents “will make pedagogy and internal formation, they will be capable to draw the alarms” and will be in connection systematically with the CNIL.
The constitutional Council specified, in its decision of July 29, 2004, that the designation of a correspondent exempts only declarations but the treatments subjected to authorization or the file transfers out of the European Union do not concern. This designation does not withdraw besides the treatments not declared from the other obligations envisaged by the law whose nonrespect will be sanctioned.
with Public files and private
Until there, the public files and private did not have the same mode: the first were to be authorized beforehand by the CNIL, the seconds were to be only declared.
The CNIL thus carried out a control a priori public files and a control a posteriori of the private files.
From now on, the files created by the authorities concern the mode of the private files. The government makes the point that the distinction between public files and private files is exceeded: a many public files collect alleviating data implemented, most of the time, by private operators, which presents risks of attack at the personal freedom and the protection of the private life.
In addition, it is it should be noted that before this bill, the CNIL however had a capacity of authorization on the administrative files but forever been able to sit its authority. For example, the STIC (data file including/understanding of the data on the authors and the victims of crimes and offences) was set up and used in 1996 but obtained legal recognition by decree only in July 2001.
With the bill, the opinion of the CNIL will be only purely optional, the government will not have to hold account of it more. The Commission will not be able thus to be opposed any more to the new files of the State. The police files will not need more to obtain the downstream of the CNIL to be activated.
The Data-processing Federation and Freedoms (WIRE) which gathers several associations, the collective Délis (Rights and freedoms vis-a-vis computerization of the company) and leagues it Human rights denounce these provisions which, according to them, “constitute a very serious lowering of the level of protection of the citizens vis-a-vis the processings of their personal data”.
in Fichiers relating to the significant data
From now on, it is the finality of the file and the nature of the collected data which will determine the applicable mode, it does not matter that it is about a public file or deprived.
The LIL envisages two modes: the declaration of the files relating to alleviating data and the authorization by the CNIL for the files relating to more significant data such as data genetic or relating to the infringements and judgments.
In the same way, the data which have as a finality the exclusion of the benefit of a right, of a service or of a contract since this exclusion does not rest on a condition legal or lawful or which have as a finality the interconnection of the files of different nature will be also subjected to authorization of the CNIL.
In addition, it should be noted that new article 8 states that it is interdict to collect and record significant data such as data relating to the ethnic origin, the political opinions, the religious convictions, manners of the person.
Only it could be derogated from this prohibition on the processings of data if they are justified by the public interest and are authorized.
It should be known that these files relating to the significant data were to be authorized by decree after assent of the CNIL and the Council of State. The LIL version 2004 indicates that the opinion of the CNIL for these sensitive files will not bind any more the Council of State and the government. Indeed, the opinion of the CNIL will not need more to be “in conformity” so that the decree authorizes the sensitive file; what translates an obvious lack of guarantee during the establishment and the authorization of these sensitive files.
with the files of infringements and judgments
Only the jurisdictions and certain public authorities could until now constitute such files. But an amendment initiated by Alex Türk also makes it possible to the people morals to resort to these files of infringements and judgments.
Indeed, new article 9, 3° lay out that the processings of data in personal matter relating to the infringements, judgments and measures of safety can from now on be taken by “the people morals victims of infringements or acting for the account of the aforesaid victims for the strict needs for the prevention and the fight against the fraud as well as repair of the undergone damage”. This 3° of article 9 was cancelled by the constitutional Council estimating that in “reason of the width that could cover the treatments of personal data thus implemented and of the nature of the processed data, this provision could affect the right to the respect of the private life and the fundamental guarantees granted to the citizens for the exercise of public freedoms”. In addition, the term of “fraud” was considered to be too broad. This provision was too vague to be ratified by the constitutional Council.
On the other hand, the constitutional Council maintains the provision 4° of article 9: files could be created in a precise situation: the fight counters the hacking on Internet.
The LIL thus envisages the legalization of the “black lists” in particular made up by the companies of perception of royalty, the professional organizations which suspect of the people of hacking on Internet, via networks peer-to-peer, for example.
These private criminal records will have to be authorized by the CNIL. It will be necessary to effectively control these files to avoid any drift.
New sanction and supervisory powers for the CNIL
With the new LIL, the CNIL sees its reduced supervisory powers in an important way with regard to the public files. Nevertheless, the LIL also envisages the installation of new sanction and supervisory powers for the CNIL.
It should be known that at the present time, the CNIL can inquire but does not have any constraining means to implement its investigations. If it notes nonthe conformity of a treatment with the law, it can emit only one warning or transmit the file to the Parquet floor which is given the responsability to determine the continuation appropriateness.
With the LIL version 2004, the supervisory powers of the CNIL are reinforced: in the event of opposition of the owner of the places, it will be able from now on, on legal authorization, to reach any professional room and the materials which allow the data processing.
In addition, in addition to a possible warning (new article 45), the CNIL will be able to put in residence the person in charge for the treatment to conform to the provisions of the law under penalty of administrative and in particular pecuniary sanctions important being able to go up to 300 000 euros.
The CNIL from now on will thus be equipped with supervisory powers a posteriori effective enabling him to check if the existing files are in conformity with the obligations envisaged by the law. It will be able to sanction the ignorance of these obligations
Thus starts the law of January 6, 1978 relating to data processing, the files and freedoms, known as “law Informatique and Freedoms” (LIL).
Genuine angular stone of the French company computerized for 26 years, the LIL has been instituted in response to the SAFARI project of 1974. The ministry for the Interior wished to set up a system automated for the administrative files and the repertory of the individuals. Thanks to a single identifier, the administration could question the system and have the totality of the information recorded on the same person.
Vis-a-vis the scandal caused by the SAFARI project, the government created an administrative independent authority: data-processing Commission and freedom. The Data-processing law and Freedoms were thus born: it was a question of controlling the data-processing phenomenon to dam up the possible abuses.
A modification of the LIL was necessary to allow a better adaptation to the current situations. On July 18, 2001, a bill is born. On July 15, 2004, the Senators definitively adopted, in second reading, the bill. On July 29, 2004, the constitutional Council validated the modified LIL.
The recasting of the LIL has for main goal to transpose in national law the European directive of October 24, 1995 relating to the protection of the physical people with regard to the data processing in personal matter.
The object of the Directive was to establish “a high level equivalent procedure in all the Member States of the Community in order to eliminate the obstacles with the data exchanges necessary to operation of the domestic market”.
This directive should have been transposed in French right since October 1998: France remained the last European Convention country not to have done it.
In addition, the bill has also as an ambition to adapt the LIL “to the development of the automated treatment of personal information in the sector deprived as in the public sector and more largely to the many technological developments of our company of information”.
The LIL version 2004 makes many modifications which are highly discussed by the professionals of the right and data processing:
its field of application is specified to allow a better adaptation to the current legal stakes of the computerized French company (1),
the procedure of declaration of the files and automated treatments wants to be reduced and simplified (2),
the CNIL is seen equipped with new sanction and supervisory powers (3).
A field of application of the specified LIL
in Abandon of the term: “personal information”
When the law of 1978 is instituted, the chapter 1 “Principles and definitions” speak primarily about “personal information”.
The LIL version 2004 transposes the European directive from 1995 and chooses a term plus general (“given in personal matter”) in order to include the most possible situations.
A definition is given to new article 2 of the law: “a data in personal matter any information relating to an identified individual constitutes or who can be identified, directly or indirectly, by reference to an identification number or to one or more elements which are clean for him”.
The use of this term makes it possible to aim all the data allowing the identification of a person: name, identification number, voice, image and fingerprints.
with textual precise details
The new law details many concepts: data in personal matter, treatments automated, files, the person concerned with the treatments, the person in charge for the treatments.
New article 4 specifies that the temporary copies made within the framework of technical activities of transmission or supply of access to a network to give best possible access to transmitted information are not concerned with the present law.
In addition, the LIL version 2004 indicates that it finds to apply since an element is attached to the French territory: person in charge for the automated treatment established in France, means of treatments located in France or representing in France.
The law creates a new chapter 2 relating to the “conditions of admissibility of the processings of data in personal matter”. The data in personal matter must meet several conditions, envisaged in new article 6, to be licit:
to be collected and treated in a honest way and sells by auction,
to be collected for determined purposes,
to be adequate, relevant and nonexcessive vis-a-vis their finality,
to be exact, complete and updates,
to be preserved by respecting the times of conservations.
The stress is laid on the assent of the person concerned with the collection and the processing of its data in personal matter.
with Responsabilité and rights
Chapter 5 is entirely devoted to the responsibility falling to the persons in charge for the processings of data and on the rights of the people concerned with these treatments.
The person in charge for the treatments has the obligation to inform the people concerned, in particular when the data with regard to them are not collected directly from them. The obligation of information is thus reinforced. Moreover, the bill specifies that the person in charge for the treatments must preserve the data and to preserve safety under penalty of sanction of it.
The people concerned with the treatment have new rights. The law of 1978 subordinated the right of opposition to the justification of “legitimate reasons”. The LIL version 2004 maintains this right but specifies that this right of opposition will be discrétionnaire and without expenses when the data are used at ends of prospection, in particular commercial.
In addition, files relating to the safety of the State, defense and public safety and accessible that via the CNIL could be communicated to the person concerned if the public interests are not blamed.
Lastly, the law envisages, without change, the right of access and to correction of the data in personal matter by the interested parties.
All these precise details make it possible to better frame the application of the LIL.
A procedure of declaration of the files reduced and simplified
with the correspondent with the data protection
The bill proposes to simplify the preliminary formalities of declaration when the files do not relate to significant data.
The legal entities will be to exempt of any declaration if they obtain a correspondent to the data protection, a person who will be used as intermediary between the company and the CNIL and will thus take care of the respect of the provisions of the law.
The bill transposes article 18 of the European directive of 1995. This article states, indeed, that the person in charge for the treatment can indicate “one detached with the data protection in personal matter in particular charged to ensure, in an independent way, the internal application of the national provisions taken pursuant to the present directive, to hold a register of the treatments carried out by the person in charge for the treatment, and guaranteeing kind which the treatments are not likely to attack the rights and freedoms of the people concerned”.
Alex Türk, president of the CNIL, declared that the installation of these correspondents to the data protection will make it possible “to throw advantages of footbridges between a series of actors (undertaken, local communities, associations) and the CNIL”. It specifies that these correspondents “will make pedagogy and internal formation, they will be capable to draw the alarms” and will be in connection systematically with the CNIL.
The constitutional Council specified, in its decision of July 29, 2004, that the designation of a correspondent exempts only declarations but the treatments subjected to authorization or the file transfers out of the European Union do not concern. This designation does not withdraw besides the treatments not declared from the other obligations envisaged by the law whose nonrespect will be sanctioned.
with Public files and private
Until there, the public files and private did not have the same mode: the first were to be authorized beforehand by the CNIL, the seconds were to be only declared.
The CNIL thus carried out a control a priori public files and a control a posteriori of the private files.
From now on, the files created by the authorities concern the mode of the private files. The government makes the point that the distinction between public files and private files is exceeded: a many public files collect alleviating data implemented, most of the time, by private operators, which presents risks of attack at the personal freedom and the protection of the private life.
In addition, it is it should be noted that before this bill, the CNIL however had a capacity of authorization on the administrative files but forever been able to sit its authority. For example, the STIC (data file including/understanding of the data on the authors and the victims of crimes and offences) was set up and used in 1996 but obtained legal recognition by decree only in July 2001.
With the bill, the opinion of the CNIL will be only purely optional, the government will not have to hold account of it more. The Commission will not be able thus to be opposed any more to the new files of the State. The police files will not need more to obtain the downstream of the CNIL to be activated.
The Data-processing Federation and Freedoms (WIRE) which gathers several associations, the collective Délis (Rights and freedoms vis-a-vis computerization of the company) and leagues it Human rights denounce these provisions which, according to them, “constitute a very serious lowering of the level of protection of the citizens vis-a-vis the processings of their personal data”.
in Fichiers relating to the significant data
From now on, it is the finality of the file and the nature of the collected data which will determine the applicable mode, it does not matter that it is about a public file or deprived.
The LIL envisages two modes: the declaration of the files relating to alleviating data and the authorization by the CNIL for the files relating to more significant data such as data genetic or relating to the infringements and judgments.
In the same way, the data which have as a finality the exclusion of the benefit of a right, of a service or of a contract since this exclusion does not rest on a condition legal or lawful or which have as a finality the interconnection of the files of different nature will be also subjected to authorization of the CNIL.
In addition, it should be noted that new article 8 states that it is interdict to collect and record significant data such as data relating to the ethnic origin, the political opinions, the religious convictions, manners of the person.
Only it could be derogated from this prohibition on the processings of data if they are justified by the public interest and are authorized.
It should be known that these files relating to the significant data were to be authorized by decree after assent of the CNIL and the Council of State. The LIL version 2004 indicates that the opinion of the CNIL for these sensitive files will not bind any more the Council of State and the government. Indeed, the opinion of the CNIL will not need more to be “in conformity” so that the decree authorizes the sensitive file; what translates an obvious lack of guarantee during the establishment and the authorization of these sensitive files.
with the files of infringements and judgments
Only the jurisdictions and certain public authorities could until now constitute such files. But an amendment initiated by Alex Türk also makes it possible to the people morals to resort to these files of infringements and judgments.
Indeed, new article 9, 3° lay out that the processings of data in personal matter relating to the infringements, judgments and measures of safety can from now on be taken by “the people morals victims of infringements or acting for the account of the aforesaid victims for the strict needs for the prevention and the fight against the fraud as well as repair of the undergone damage”. This 3° of article 9 was cancelled by the constitutional Council estimating that in “reason of the width that could cover the treatments of personal data thus implemented and of the nature of the processed data, this provision could affect the right to the respect of the private life and the fundamental guarantees granted to the citizens for the exercise of public freedoms”. In addition, the term of “fraud” was considered to be too broad. This provision was too vague to be ratified by the constitutional Council.
On the other hand, the constitutional Council maintains the provision 4° of article 9: files could be created in a precise situation: the fight counters the hacking on Internet.
The LIL thus envisages the legalization of the “black lists” in particular made up by the companies of perception of royalty, the professional organizations which suspect of the people of hacking on Internet, via networks peer-to-peer, for example.
These private criminal records will have to be authorized by the CNIL. It will be necessary to effectively control these files to avoid any drift.
New sanction and supervisory powers for the CNIL
With the new LIL, the CNIL sees its reduced supervisory powers in an important way with regard to the public files. Nevertheless, the LIL also envisages the installation of new sanction and supervisory powers for the CNIL.
It should be known that at the present time, the CNIL can inquire but does not have any constraining means to implement its investigations. If it notes nonthe conformity of a treatment with the law, it can emit only one warning or transmit the file to the Parquet floor which is given the responsability to determine the continuation appropriateness.
With the LIL version 2004, the supervisory powers of the CNIL are reinforced: in the event of opposition of the owner of the places, it will be able from now on, on legal authorization, to reach any professional room and the materials which allow the data processing.
In addition, in addition to a possible warning (new article 45), the CNIL will be able to put in residence the person in charge for the treatment to conform to the provisions of the law under penalty of administrative and in particular pecuniary sanctions important being able to go up to 300 000 euros.
The CNIL from now on will thus be equipped with supervisory powers a posteriori effective enabling him to check if the existing files are in conformity with the obligations envisaged by the law. It will be able to sanction the ignorance of these obligations
Withdrawal Vioxx Merck and the movement of the FDA
The new headlines over withdrawal Vioxx Merck and the movement of the FDA to forbid Ephedra got a quantity of central attention for the cultivation area herb of the right controversy.
On April 12, 2004 published the FDA a guideline, which forbids health additions, which contain Ephedraalkaloide. The FDA stated that the limited short designation weight loss effects by possible heart problems and notice dangers were outweighed. The market inequalities, which are caused by forbidding Ephedra, were filled by many new companies, which are the marketing products, which are similar to Ephedra. However this Ephedraalternativen cannot be somehow safer possibly as the forbidden Ephedra, which replace her.
The Ephedraverbot of the FDA and the withdrawal Vioxx Merck were hot message topics. This herb of recalls and the Ephedraverbieten got processes of many different angles. Obviously some people think that some the processes are thoughtless. Actually it gave a quantity to messages during the last decade over the thoughtless processes, which are gotten by hurt consumers against large companies for defective products. However according to a report of the general citizen (http://www.citizen.org/congress/civjus/tort/myths/articles.cfm?ID=12369), business document, which is many more times the quantity of processes than consumers more probably, by a court for getting a thoughtless requirement to be sanctioned done and.
Condition governments ordered bad action improvement, which covered possible damages for certain kinds of requirements in some conditions with a cap. George W. Bush condition of Texas introduced bad action improvement 2003, in order to cover medical misdemeanour commitment with a cap. George W. Bush continued pressing for bad action improvement generally speaking country since he took over office.
The material question is, if business is those, which last generally too much of time of our courts, why has it such an impact for individual bad action improvement given? Is it possible that hurt individuals are a group of not organized people with continuous business interests, which actively affect improvement for bad action? While thoughtless processes are an interest in everyone, shouldn't bad action really concentrate improvement on the involved ones, which most get them?
Over the author
Richard Martin is a contributing author at www.legalclips.com. LegalClips.com is an accumulation attorney article and other operational funds.
They can reproduce this article on your web site. We would estimate a connection back to our place of assembly certified articles of you. This article cannot be changed possibly and connections should for phases be held. Thanks.
On April 12, 2004 published the FDA a guideline, which forbids health additions, which contain Ephedraalkaloide. The FDA stated that the limited short designation weight loss effects by possible heart problems and notice dangers were outweighed. The market inequalities, which are caused by forbidding Ephedra, were filled by many new companies, which are the marketing products, which are similar to Ephedra. However this Ephedraalternativen cannot be somehow safer possibly as the forbidden Ephedra, which replace her.
The Ephedraverbot of the FDA and the withdrawal Vioxx Merck were hot message topics. This herb of recalls and the Ephedraverbieten got processes of many different angles. Obviously some people think that some the processes are thoughtless. Actually it gave a quantity to messages during the last decade over the thoughtless processes, which are gotten by hurt consumers against large companies for defective products. However according to a report of the general citizen (http://www.citizen.org/congress/civjus/tort/myths/articles.cfm?ID=12369), business document, which is many more times the quantity of processes than consumers more probably, by a court for getting a thoughtless requirement to be sanctioned done and.
Condition governments ordered bad action improvement, which covered possible damages for certain kinds of requirements in some conditions with a cap. George W. Bush condition of Texas introduced bad action improvement 2003, in order to cover medical misdemeanour commitment with a cap. George W. Bush continued pressing for bad action improvement generally speaking country since he took over office.
The material question is, if business is those, which last generally too much of time of our courts, why has it such an impact for individual bad action improvement given? Is it possible that hurt individuals are a group of not organized people with continuous business interests, which actively affect improvement for bad action? While thoughtless processes are an interest in everyone, shouldn't bad action really concentrate improvement on the involved ones, which most get them?
Over the author
Richard Martin is a contributing author at www.legalclips.com. LegalClips.com is an accumulation attorney article and other operational funds.
They can reproduce this article on your web site. We would estimate a connection back to our place of assembly certified articles of you. This article cannot be changed possibly and connections should for phases be held. Thanks.
Mortgage agains finance
4 possibilities of knowing them is time to finance to your house again.
You know your house for some reasons finance again to wish.
1) Mortgage interests could lower now be. The largest reason that people finance their Hypotheken again, is, to save money. All the same which happened you, there is always a conclusive reason to begin saving money. A lower rate on your mortgage can help you to expand the payments out so that each month you pays smaller, in order in your house than the preceding month to live. If interest rates are low and you had locked your mortgage before into a higher price, it could be a good idea to buy around your rate to see to how low you can receive her. Early 2000s was a climate of the very low mortgage interests, which form it a good idea, to buy around in order to see, if you can again finance your mortgage.
2) You need money and must your payments out expand. Possibly you arranged recently for bankruptcy and therefore more moneys need to receive on your feet back. Possibly you have jobs geschalten and therefore your mortgage again to finance must, in order to carry out your monthly payments lower. All the same which people say, it is always a good idea to have more moneys in your bag than smaller not truely? Your mortgage to finance again could be a good idea in this situation.
3) It can give distributed better there, than you think that it gives. A new mortgage bank or a bank to find to finance over your mortgage again could a good idea be, which, to step is fair and see the rubber tires of the industry, if you could receive a better agreement. If you were an expenditure quantity money and paying is there away of the Balancen on your credit card on a monthly basis an important probability, which your credit note notch has increase recently. An entire better credit note notch is better for everyone including your credit-giving places. If a new credit-giving place sees that your credit note notch increased recently, it could be in a much better position, to you a better agreement on your mortgage, than to give you think. It could again finance your mortgage, by buying around the agreement at more banks and found the best for you. Buy yours around finance again, it cannot not hurt.
4) Mortgage, which finances decision again as sound business. If you need a small firm of any kind and a main infusion possess, then the investigating again financing mortgage could be a very intelligent thing to do to. If your business is really small and you from your house run lets it, then the line between your personal could and operatings expenditure as thinner to be, you with good reason probably fûhlst. , By the new your house clearing up each month the difference between the investment finances, could a little particularly a head in somewhat new small equipment and the investment be not. Everything, which is expenses, should be lowered, if possible. A mortgage to finance again could be a fantastische idea to increase and plan for future investments capital reserves. Many business owners, who prepare from their houses, constantly try, to reduce their monthly payments so that, if it comes to pay time, their business computes, it have a little particularly a head. With a CPA or an attorney always examines, in order to determine, what it is derivable and which is not. But, more moneys is more moneys, even if you lend it automatically to your business.
Mortgage to finance can be from the good use in many situations obviously again.
You know your house for some reasons finance again to wish.
1) Mortgage interests could lower now be. The largest reason that people finance their Hypotheken again, is, to save money. All the same which happened you, there is always a conclusive reason to begin saving money. A lower rate on your mortgage can help you to expand the payments out so that each month you pays smaller, in order in your house than the preceding month to live. If interest rates are low and you had locked your mortgage before into a higher price, it could be a good idea to buy around your rate to see to how low you can receive her. Early 2000s was a climate of the very low mortgage interests, which form it a good idea, to buy around in order to see, if you can again finance your mortgage.
2) You need money and must your payments out expand. Possibly you arranged recently for bankruptcy and therefore more moneys need to receive on your feet back. Possibly you have jobs geschalten and therefore your mortgage again to finance must, in order to carry out your monthly payments lower. All the same which people say, it is always a good idea to have more moneys in your bag than smaller not truely? Your mortgage to finance again could be a good idea in this situation.
3) It can give distributed better there, than you think that it gives. A new mortgage bank or a bank to find to finance over your mortgage again could a good idea be, which, to step is fair and see the rubber tires of the industry, if you could receive a better agreement. If you were an expenditure quantity money and paying is there away of the Balancen on your credit card on a monthly basis an important probability, which your credit note notch has increase recently. An entire better credit note notch is better for everyone including your credit-giving places. If a new credit-giving place sees that your credit note notch increased recently, it could be in a much better position, to you a better agreement on your mortgage, than to give you think. It could again finance your mortgage, by buying around the agreement at more banks and found the best for you. Buy yours around finance again, it cannot not hurt.
4) Mortgage, which finances decision again as sound business. If you need a small firm of any kind and a main infusion possess, then the investigating again financing mortgage could be a very intelligent thing to do to. If your business is really small and you from your house run lets it, then the line between your personal could and operatings expenditure as thinner to be, you with good reason probably fûhlst. , By the new your house clearing up each month the difference between the investment finances, could a little particularly a head in somewhat new small equipment and the investment be not. Everything, which is expenses, should be lowered, if possible. A mortgage to finance again could be a fantastische idea to increase and plan for future investments capital reserves. Many business owners, who prepare from their houses, constantly try, to reduce their monthly payments so that, if it comes to pay time, their business computes, it have a little particularly a head. With a CPA or an attorney always examines, in order to determine, what it is derivable and which is not. But, more moneys is more moneys, even if you lend it automatically to your business.
Mortgage to finance can be from the good use in many situations obviously again.
Wednesday, June 27, 2007
How to choose a lawyer - Legal advice
The services of lawyers with a wide range of expertise, skills and experience. The court should, indeed, an attorney, you need to consider all available information about it.The article, we will summarize the council to help find a reliable defend in court.
Tip 1 : Lawyer proposed investigator, was not suitable for you
This is because he is only recommended try to create the least possible problems his proteges. Tip 2 : Avoid Lawyers, which is represented in court
The situation is similar : it is a very profitable place to counsel, and he would try to create difficulty for the court at least, so that it does not lose.
Tip 3 : free lawyer is usually a bad lawyer
By law, you are required to provide free legal counsel. However, the lawyer was not interested in a successful outcome of the case, because his fee is very minor amount he would receive the same very slowly.
Tip 4 : narrow specialist preferable
Never trust lawyers generalists : as a rule, they do not know of any area of law. Legislation is enormous, and is constantly updated, with substantially. People are simply unable to keep in mind all the laws, regulations and instructions, so you should trust lawyers from the narrow specialization (eg, arbitration, labour law).
Board 5 : a good lawyer is not cheap
He always roads, and roads doubly good lawyer. The high cost of legal services is determined by market conditions, as well as the very essence of a lawyer whose work often depends human freedom. So try not to use for a fee, otherwise you could lose much more.
Council 6 : a good lawyer and the lawyer-trendy different things
During the trial, particularly secular life of a lawyer and his fame played no role. The court asked the analysis of evidence given by your counsel and the reasons it has given, based on a thorough knowledge of laws and facts of the case. If the lawyer has been on television, on the pages of fashion magazines "art", and in addition it is able to lecture and write articles in journals, think - where a lawyer will find time to work on your case?
Council 7 : Legal Education, to which the lawyer is irrelevant
Law education can have any title and how long good reputation, but it does not mean anything. Lawyers affiliated with education on professionalism and experience, but quite poor criteria for the client, for example, residential or affiliation. You will be represented by counsel is not education, and specific individuals and that is his professionalism, integrity and honesty should be verified.
Council 8 : A lawyer must be able to speak and write well
When he was asked to show his papers he had compiled. Consider them : there is a spelling, syntax and punctuation errors? The document, full of errors, regardless of the cause Court sharp negative reaction. Similarly Put it reviewed a lawyer : he must be literate and accurate expression, the right to use the speech and avoid conversational phrases language and, of course, inappropriate language.
Council 9 : ask the lawyer to show the court for which he was
The court is the best indicator of the skills of a lawyer. Ask your lawyer to show the documents to prove that he actually won the case, similar to your. In the event of refusal, collateral conversation and care.
Council 10 : Avoid lawyers that guarantee success
He could give no guarantee of winning in court, he has no control over the process and does not take action. Verdict court depends on many factors and most of them outside counsel. The experienced professional, even confident in the success of the case would never say so
posted by bhootied.
Tip 1 : Lawyer proposed investigator, was not suitable for you
This is because he is only recommended try to create the least possible problems his proteges. Tip 2 : Avoid Lawyers, which is represented in court
The situation is similar : it is a very profitable place to counsel, and he would try to create difficulty for the court at least, so that it does not lose.
Tip 3 : free lawyer is usually a bad lawyer
By law, you are required to provide free legal counsel. However, the lawyer was not interested in a successful outcome of the case, because his fee is very minor amount he would receive the same very slowly.
Tip 4 : narrow specialist preferable
Never trust lawyers generalists : as a rule, they do not know of any area of law. Legislation is enormous, and is constantly updated, with substantially. People are simply unable to keep in mind all the laws, regulations and instructions, so you should trust lawyers from the narrow specialization (eg, arbitration, labour law).
Board 5 : a good lawyer is not cheap
He always roads, and roads doubly good lawyer. The high cost of legal services is determined by market conditions, as well as the very essence of a lawyer whose work often depends human freedom. So try not to use for a fee, otherwise you could lose much more.
Council 6 : a good lawyer and the lawyer-trendy different things
During the trial, particularly secular life of a lawyer and his fame played no role. The court asked the analysis of evidence given by your counsel and the reasons it has given, based on a thorough knowledge of laws and facts of the case. If the lawyer has been on television, on the pages of fashion magazines "art", and in addition it is able to lecture and write articles in journals, think - where a lawyer will find time to work on your case?
Council 7 : Legal Education, to which the lawyer is irrelevant
Law education can have any title and how long good reputation, but it does not mean anything. Lawyers affiliated with education on professionalism and experience, but quite poor criteria for the client, for example, residential or affiliation. You will be represented by counsel is not education, and specific individuals and that is his professionalism, integrity and honesty should be verified.
Council 8 : A lawyer must be able to speak and write well
When he was asked to show his papers he had compiled. Consider them : there is a spelling, syntax and punctuation errors? The document, full of errors, regardless of the cause Court sharp negative reaction. Similarly Put it reviewed a lawyer : he must be literate and accurate expression, the right to use the speech and avoid conversational phrases language and, of course, inappropriate language.
Council 9 : ask the lawyer to show the court for which he was
The court is the best indicator of the skills of a lawyer. Ask your lawyer to show the documents to prove that he actually won the case, similar to your. In the event of refusal, collateral conversation and care.
Council 10 : Avoid lawyers that guarantee success
He could give no guarantee of winning in court, he has no control over the process and does not take action. Verdict court depends on many factors and most of them outside counsel. The experienced professional, even confident in the success of the case would never say so
posted by bhootied.
Monday, June 25, 2007
Personal Injury Claims - Protect Your Rights By Knowing What Not To Say
by: Arthur Gueli
Pursuing a personal injury claim puts you in an unfamiliar situation. You'll have to think carefully before you speak to anyone. From the adjuster, to the defendant, to the police officer at the scene - what you say makes a difference.
Never forget that the insurance company wants to save money. When processing your claim they'll use anything you say against you in order to lower your settlement payment.
Litigation and claim processing really starts the moment an accident happens. You can make or break your case depending on how you handle yourself immediately after the accident. You must collect and pay attention to evidence, and you need to keep a clear record of what you see.
What you say during this time can sometimes come back to haunt you. Imagine that you come out of a car accident and you're faced with a hysterical driver. You might feel the need to calm them down. It would be natural to say things like "it’s okay", "it’s not your fault", or even "it’s my fault." You might also feel the need to say that you're okay and aren't injured. Saying such things is normal and shouldn't totally ruin your personal injury claim. But these statements can make things more difficult, especially if you were heard by witnesses.
If you have an accident on business property, you may be interviewed by a company representative, or be asked to fill out forms on the accident. First of all, don’t sign anything. The only thing they could possibly ask you to sign is something that will clear them of responsibility. You haven’t even thought about a personal injury claim yet, so why would you let them off the hook?
As for questions they'd ask, answer like you would for a police report. Never say anything that will admit negligence on your part. Don’t even hint at it. Something as simple as saying you're not sure what happened, or that you may have made a mistake, is bad for you.
When discussing your personal injury claim, you want to make sure you refer to your injuries in medical terms. Usually you'll just be repeating things from your medical file.
Sometimes, you might be tempted to use terms that are medical slang. Don't do this. A common example of this kind of slang is the term "whiplash." This term is widely used and serves to quickly explain a certain type of injury, but it's a bad word to use when discussing a personal injury claim.
Whiplash has never been a medical term. It used to be an acceptable way of describing certain injuries incurred from a car accident. These days it's become associated with exaggerated or even fraudulent claims. Using it can damage your case - it can create a negative view with the adjuster or the judge.
No doubt there will be other times when you should watch what you say. The general rule to remember throughout your personal injury claim is: you're not an expert. Whether it's legal or medical, don't let anyone pressure you into saying something that isn’t your place to say - this is especially true when determining the extent of your injuries. And remember, if something is your fault, then it's someone else’s job to prove it.
Pursuing a personal injury claim puts you in an unfamiliar situation. You'll have to think carefully before you speak to anyone. From the adjuster, to the defendant, to the police officer at the scene - what you say makes a difference.
Never forget that the insurance company wants to save money. When processing your claim they'll use anything you say against you in order to lower your settlement payment.
Litigation and claim processing really starts the moment an accident happens. You can make or break your case depending on how you handle yourself immediately after the accident. You must collect and pay attention to evidence, and you need to keep a clear record of what you see.
What you say during this time can sometimes come back to haunt you. Imagine that you come out of a car accident and you're faced with a hysterical driver. You might feel the need to calm them down. It would be natural to say things like "it’s okay", "it’s not your fault", or even "it’s my fault." You might also feel the need to say that you're okay and aren't injured. Saying such things is normal and shouldn't totally ruin your personal injury claim. But these statements can make things more difficult, especially if you were heard by witnesses.
If you have an accident on business property, you may be interviewed by a company representative, or be asked to fill out forms on the accident. First of all, don’t sign anything. The only thing they could possibly ask you to sign is something that will clear them of responsibility. You haven’t even thought about a personal injury claim yet, so why would you let them off the hook?
As for questions they'd ask, answer like you would for a police report. Never say anything that will admit negligence on your part. Don’t even hint at it. Something as simple as saying you're not sure what happened, or that you may have made a mistake, is bad for you.
When discussing your personal injury claim, you want to make sure you refer to your injuries in medical terms. Usually you'll just be repeating things from your medical file.
Sometimes, you might be tempted to use terms that are medical slang. Don't do this. A common example of this kind of slang is the term "whiplash." This term is widely used and serves to quickly explain a certain type of injury, but it's a bad word to use when discussing a personal injury claim.
Whiplash has never been a medical term. It used to be an acceptable way of describing certain injuries incurred from a car accident. These days it's become associated with exaggerated or even fraudulent claims. Using it can damage your case - it can create a negative view with the adjuster or the judge.
No doubt there will be other times when you should watch what you say. The general rule to remember throughout your personal injury claim is: you're not an expert. Whether it's legal or medical, don't let anyone pressure you into saying something that isn’t your place to say - this is especially true when determining the extent of your injuries. And remember, if something is your fault, then it's someone else’s job to prove it.
Asbestos Claims - History, Symptoms and Compensation
by: Andrew Bowen
Asbestos was once regarded as a wonder substance due to its heat resistant properties. It was, therefore, a widely used material, particularly from the 1930’s – 1980’s and exposure still continues wherever it is disturbed / removed.
The cost of asbestos claims in the UK could reach £20 billion in the next 30 years.
Claims can be made by Claimants, even though the exposure was 30 or more years ago, and the past employer(s) has gone out of business.
Claims can also be made for deceased Claimants on behalf of their loved ones/estate.
Successful ‘secondary’ claims for Asbestos exposure have been made by spouses, children and grandchildren, after they were exposed to harmful fibres on work clothes worn home.
The compensation obtained can, in many cases, amount to well in excess of £100,000, depending upon the severity of the particular disease.
Asbestos has no respect for socio-economic group or occupation. There are over 1,000 new cases of Mesothelioma reported every year in the UK. It is generally accepted asbestos is the cause.
The types of occupation where exposure can be found/occur include the following:-
• Asbestos Cement Products Industry (used for strong, inexpensive building materials, eg tiles, corrugated roofing, gutters, water and drain pipes, chimneys etc.
• Floor tiling industry
• Insulation and Fire Proofing
• Carpenters
• Electricians
• Power Plant Works
• Plumbers
• Roofers
• Central Heating and/or air conditioning contractors
• School and Hospital workers
• Ship workers
Symptoms can include breathlessness and persistent coughing which may cause sleepless nights leading to fatigue. Some sufferers report chest pain and feeling as though a heavy weight is pressing down on their chest, depending upon the particular condition.
There are a number of state benefits available to victims and their carers. Specialist Solicitors such as http://www.claimking.com or http://www.nationalinjuryclaims.com can not only pursue compensation claims for sufferers on a true No Win, No Fee basis, but also provide advice and assistance with applications in order to maximise benefit entitlement.
Asbestos was once regarded as a wonder substance due to its heat resistant properties. It was, therefore, a widely used material, particularly from the 1930’s – 1980’s and exposure still continues wherever it is disturbed / removed.
The cost of asbestos claims in the UK could reach £20 billion in the next 30 years.
Claims can be made by Claimants, even though the exposure was 30 or more years ago, and the past employer(s) has gone out of business.
Claims can also be made for deceased Claimants on behalf of their loved ones/estate.
Successful ‘secondary’ claims for Asbestos exposure have been made by spouses, children and grandchildren, after they were exposed to harmful fibres on work clothes worn home.
The compensation obtained can, in many cases, amount to well in excess of £100,000, depending upon the severity of the particular disease.
Asbestos has no respect for socio-economic group or occupation. There are over 1,000 new cases of Mesothelioma reported every year in the UK. It is generally accepted asbestos is the cause.
The types of occupation where exposure can be found/occur include the following:-
• Asbestos Cement Products Industry (used for strong, inexpensive building materials, eg tiles, corrugated roofing, gutters, water and drain pipes, chimneys etc.
• Floor tiling industry
• Insulation and Fire Proofing
• Carpenters
• Electricians
• Power Plant Works
• Plumbers
• Roofers
• Central Heating and/or air conditioning contractors
• School and Hospital workers
• Ship workers
Symptoms can include breathlessness and persistent coughing which may cause sleepless nights leading to fatigue. Some sufferers report chest pain and feeling as though a heavy weight is pressing down on their chest, depending upon the particular condition.
There are a number of state benefits available to victims and their carers. Specialist Solicitors such as http://www.claimking.com or http://www.nationalinjuryclaims.com can not only pursue compensation claims for sufferers on a true No Win, No Fee basis, but also provide advice and assistance with applications in order to maximise benefit entitlement.
Subscribe to:
Posts (Atom)
