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The Factory Didn’t Want to Pay Me

While working at a factory job, a cable that was holding a bundle of supplies snapped, and the supplies fell down onto my leg and broke my shin bone. I had to go to the hospital and couldn’t do any work until the bone was fully healed. The company who owns the factory didn’t want to pay me any workman’s compensation and even blamed me for the cable snapping. I saw a listing marked “Ireland no win no fee solicitors – Harcourt Legal” in an online advertisement and contacted them about handling my case.

I was shocked that the company even placed the blame on me. There was nothing that I had done that would have caused the cable to snap, and there was no way that I could have known that it would have happened. When the other workers in the factory were asked about the cable, none of them could offer an explanation, but they agreed with me that there was no way that I could have had any thing to do with it.

Get Permanent Solution Of Problem By Hire Bankruptcy Lawyer In Torrance

Are you looking for the best lawyer? Do you want to avail best lawyer service in Torrance? If the answer of any above question is yes then you need to read the reviews about the service of this company. This company has the team of professional and experienced lawyer who help you to get justice in very short period so that you can easily continue with the normal activities of your life. This service provider has best bankruptcy lawyer in torrancealso.

If you are not able to repay your loans then it is better for you to hire best bankruptcy lawyer. This type of lawyer helps you   to get relief from your loans. If you are not able to repay your debt or loans then to go for bankruptcy is best solution for you. As there are two types of bankruptcy i.e. liquidation bankruptcy and reorganization bankruptcy .You are free to apply for any one of these bankruptcy. Through liquidation bankruptcy, you can easily get relief from your loans or all types of debt. In this type of bankruptcy the bankruptcy trustee sells property, which belongs to you, and amount get from it is paid to creditors. Still if any debt balance is left then you do not need to pay the amount. It is better for you to hire best bankruptcy lawyer and get relief from debt.

Hire Chapter 7 bankruptcy lawyer

You can also hire Chapter 7 Bankruptcy Lawyer Torrancebecause this is the only company which has professional and very talented bankruptcy lawyers .Chapter 7 is a type of liquidation bankruptcies .  Lawyer of this company will acts as the bankruptcy trustee on your behave and sell all type of your non-exempt property. After that money, get by selling non-exempt property is paid to your creditor.  Remaining debt balance is forgiven.

This is the only service provide which has best lawyer and they are very well aware of the California Bankruptcy Exemptionsso that they will provide you best solution of your problem.

How to hire their lawyer?

There are number of the people who want to know how they can hire the lawyer of this company. You only need to follow the given below steps in order to hire the best bankruptcy lawyer

  • Visits the official website of the company
  • Then fill the summary of the full case, which you want to file.
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  • You can discuss the case with best lawyers so that they will understand about your case and assigned you best lawyer.

It is better for you to contact only this company because when you hire lawyer of this company then you can easily continue with normal activities of your life. All the documentation is done by the lawyer, which you hire. Lawyer provides best solution and helps you to get justice in less time. It is better for you to read online customer reviews of this company so that you get idea about the valuable service offered by lawyers of this company.

The Legal Duty of Care in Tort Law, Foreseeability of Injury

DUTY OF CARE IN TORTS LAW, LIABILITY, FORESEEABILITY OF NEGLIGENCE, RECKLESSNESS, NUISANCE

Duty of care in Donaghue -v- Stevenson 1932 was defined as exercising such care as is due in such ‘acts or omissions which you can reasonably foresee would be likely to injure persons so directly affected that you ought reasonably to have them in contemplation’ and Caparo Industries -v- Dickman 1990 referred also to situations in which it would be fair, just, and reasonable to impose.

This duty is owed to one in physical proximity: e.g., in Haseldine -v – Daw 1941 to user of a lift negligently repaired, Buckland -v- Guilford Gas Light 1941 to child electrocuted by low cables upon climbing a tree, but not to a mother for shock nor for miscarriage to one who was to be who the driver and the rider could not to have known that were around in King -v- Phillips 1953 and Bourhill -v- Young 1942; or to one in legal proximity: e.g., in Donaghue -v- Stevenson 1932 for illness of consumer from manufacturer’s drink purchased by another, but not if immune as public policy in Hill -v- Chief Constable 1988, or as barristers or judges – Saif -v- Sydney Mitchell 1980; or to one with blood-ties: e.g., in McLoughlin -v- O’Brien 1982 to a mother who by news of accident ‘it was obvious that would be affected’ ~it can be owed for financial loss in special professional relationships -Mutual Life Assurance -v- Evett 1971, for careless words not made clear as being without responsibility -Hadley Byrne -v- Heller & Partners 1964, and for serious nervous shock -Reilly -v- Merseyside RHA 1994.

The harm, additionally, if reasonably foreseeable is -Fardon -v- Harcourt 1932, negligence may entitle to damages, even punitive, Rookes -v- Bernard 1964, although if contemptuously claimed to as little as the smallest coin of the realm, e.g., without costs and nominal in Constantine -v- Imperial London Hotels 1944.

Circumstances in which a duty of care can be breached, except in the case of specific torts such as libel or trespass -or under the Rylands -v- Fletcher rule where lawfully but at one’s own peril is made any unnatural use of land and excluding cases of immunity and circumstances where a statutory duty properly exercised infringes a right -such as the disturbance caused by the noise of aircraft taking of or landing – but not if improperly exercised: Fisher -v- Ruislip-Northwood UDC 1945, such circumstances may be even when a risk is know and not objected to: Smith -v- Charles Baker & Son 1891, indeed where a risk is known and has been consented to: Bowater -v- Rowley Regis Corp. 1944 ~even if there is contributory negligence: Stapley -v- Gypsum Mines Ltd 1953 -indeed even if despite instructions.

The standard is that of the ‘reasonable man’; if injury was risked: Bolton -v- Stone 1951 ~6 times in 30 years meant not and the degree of the risk is proportional to the degree of care required; the seriousness of the injury risked too is proportional the degree of care necessary: Paris -v- Stepney BC 1951 -more so to employee blind in one eye, and not the amount but the type of the injury on the basis of: British Railways Board. -v- Herrington 1972; a social value whether justified the risk: in Fisher failure was not justified in war-time black-out to put up shaded lights to avoid public nuisance to a cyclist, in Watt -v- Hertfordshire CC 1954 getting the wrong vehicle on the scene of accident was justified by the valuable time that would have been lost in getting there help; the cost-benefit consideration: in Latimer -v- AEC 1953 to have done more than reasonable would have made the risk too remote in comparison -except if there is a statutory duty such as under the Health & Safety Acts; that standard in the case of an expert’s negligence is, instead -Latimer, of a ‘reasonable expert’.

The link between the breach of duty and the resultant damage must be shown to exist as a matter of fact or a matter of law. The former is subject to the ‘but for’ rule: in Barnett -v- Chelsea etc. Hospital etc. 1968 breach by the failure of the doctor to call was not the caused of death, McWilliams -v- Sir Arrol 1962 failed because the safety-belt would not have been worn if supplied, in Cutler -v- Vauxhall motors 1971 the operation on a graze had already been ordered for an ulcer on the site of it and was a pre-existing condition; but, is not broken a causative link by a consecutive cause and did not lessen a subsequent injury the original factors in Baker -v- Willoughby 1970, nor necessarily disentitle multiple causes when on a balance of probabilities the link considerably was the reason: McGhee -v- National Coal Board 1973; where the harm or part of it is from a third party’s breach the ‘but for’ rule still applies to whether he type of injury could have been seen: Hogan -v Betinck Colliers 1949.

The latter only applies if the breach is not too remote, and it was not in Wieland -v- Cyril Lord Carpets 1969 that the fall elsewhere and later had resulted from the necessity to discard bi-focal glasses caused by the driver’s negligence; the special sensitivity of the claimant did not matter -‘egg-shell skull’ rule: Robinson -v- Post Office 1974 -‘one must take the victim as he finds him’; in The Wagonmound 1961 at the time of the breach that oil spilled could burn on sea-water could not reasonably, and in Doughty -v- Turner Mfg. 1964 because of the state of knowledge, have been foreseen; but in Bradford -v- Robinson Rentals 1967 the frostbite was because of providing a van without a heater.

The claimant’s proof can move to the defendant: Steer -v- Durable Rubber 1956; at least some evidence is necessary of negligence even if ‘facts speak for themselves’ -they can not if the claimant can not say what happened: Wakelin -v- LSWR 1886, negligence can be inferred from absence of explanation by defendant, for any by claimant by Law Reform (Contributory Negligence) Act 1945 proportionate reduction is made.

Laws are subject to change, always ascertain current law.

Drug Trafficking Lawyer Saves from Drug Trafficking Charges

There are a number of individuals who are falsely implicated for drug trafficking, importation, transportation, distribution or other related crimes. If you are one of those, or any of your family member is trapped or police have just begun an investigation related to such crimes. You need to hire a drug trafficking lawyer. If you find guilty, you may undergo probation, huge fines and significant jail time.The drug offense laws in various countries in the world are stringent and without having a lawyer to defend you, it is quite hard to ensure that your constitutional rights will be protected.

There are a number of layers offering the services effectively and efficiently. Understanding the needs of every client, the professional ensures right assistance and good support to resolve their drug trafficking legal issues. A professionally qualified and well experienced drug trafficking lawyer can help you by digging out the numerous substantive and procedural rights to which a criminal defendant is entitled. Every step is taken carefully so that the client gets saved from being arrested. When legal hurdles come, you cannot anything to help yourself as you do not the legal formalities.

If anyone is charged withdrug trafficking, importation, transportation, distribution or other related crimes, he/she needs to look for the immediate help of prosecutors as they are the right person to prove your innocence. If you decide to defend yourself without consulting a prosecutor, then there would be a minimal chance of securing a favorable plea. A drug trafficking lawyer knows how to save his client from being arrested. If you are already arrested, do not speak a single word and wait for your counsel asanything you speak right from the time of arrest can be employed against you in trial. The professional can ensure that the charges against you are dismissed or minimized.

Have to ponder ever why to hire a lawyer? There are a number of reasons, including itincreases your chances of procuring a favorable result.Once you have selected a well-established and experienced federal drug trafficking lawyer, you can finally sleep with peace knowing that you have selected the best professional to handle your case and you will be freed from the charges. Sometimes, legal firms can also help you. Charges are minimal so do not afraid of that. If you get arrested, your whole family comes to standstill.

Are you searching a drug trafficking lawyer or a firm filled in with a number of lawyers to provide all types of solutions. Make you make extensive online search. If you make offline search, all you would be doing is wasting your time. Online search is fruitful to get in touch with the lawyers offering the services at minimal fees. Ensure that the prosecutor you choose has handled the similar types of cases so that your chances of getting free from the charges would be increased.

How to Choose a Personal Injury Lawyer

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Choosing an lawyer is a difficult task in the average circumstances, but choosing a lawyer becomes even more troublesome when you or a loved one are injured. Personal injury lawyers are involved in this line of work for different reasons. Some personal injury lawyers are considered by the public to be ambulance chasers, while other personal injury lawyers are considered to be a savior in a time of need. Here are a few pointers of how to choose a personal injury lawyer.

Instructions

  1. Contact the American Bar Association for a referral list of personal injury lawyers in your area. On the ABA website there is a “Find Legal Help” icon. Choose it and the webpage will take you to a U.S. map where you choose your state. Follow the links for a list of lawyers. The ABA website will give other legal resources that will prepare you for your legal journey.
  2. Talk to friends and relatives and ask if they know of a good lawyer. A friend’s advice is very valuable because not only do you find out the outcome of their case, but your friend can tell you how the attorney acted along the way. A friend will tell you whether the lawyer returned phone calls quickly, whether the lawyer was competent, whether the lawyer was friendly, and other valuable information that you won’t be able to get from cold calling lawyers yourself.
  3. Ask your present lawyer for referrals. Many people have some contact with a lawyer in some manner or another. Call the lawyer who wrote up your will and ask if they know of anyone who does personal injury law. Lawyers went to law school with other lawyers. They have friends that they know intimately and usually are more than willing to give referrals of their friends and fellow lawyers.
  4. Set up an appointment once you have a list, and go and meet with a handful of personal injury lawyers. Ask whether the lawyer has dealt with your situation, whether he won the case, how difficult the case will be to win, how much does it cost, and finally ask the lawyer to get back to you with other information that they can’t give you right away. Your case may need some research so allow the lawyer to do the brief research.
  5. Inquire about the fees up front. Ask whether there will be a fee to evaluate your claim and initial consultation. Many personal injury lawyers will allow you to pay them out of the settlement, if settlement is likely. Get a fee agreement in writing and review it before signing.
  6. Determine whether you can get along with the lawyer before hiring her. You will spend a lot of time with this person, so you need to get along with her. Only a very small percentage of cases go to court. Most are settled through negotiations. A friendly and good negotiator is a huge asset in a lawyer. If you get along with the lawyer others will, too.
  7. Be patient and ask for regular updates. Lawyers have several cases going on at the same time. They can only work as fast as their case load allows, but also as fast as the person on the other end will allow. If you were injured at a store, your lawyer must wait on the store’s internal process and negotiation chain of command. Be patient, but ask for regular updates so you know the lawyer is working for you.
  8. Fire your lawyer. If the case is a complete disaster there is always the possibility of parting ways with the lawyer. This should be a last option, but it is an option.

About Personal Injury Claims

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Millions of people incur physical or mental injuries each year that are caused by an accident, negligence or an occupational hazard. Personal injury claims are then filed to seek compensation for any injuries that were sustained and the resulting expenses for treatment. Typically these claims involve automobile or workplace accidents, improperly working products, incidents of assault or occupational dangers. Recurring “strain” injuries, asbestosis, emphysema, mesothelioma, asthma, stress and hearing loss are considered occupational dangers.

Types

  • Whether you can file a personal injury claim depends on the particulars of the accident and its cause. In a motor vehicle accident, “fault” or “negligence” is established by reviewing pertinent traffic laws and who was responsible for the accident and its resulting injuries. Injuries incurred at a commercial site such as a store are compensable only if they are the result of an unsafe and/or a pre-existing condition. Property owners, renters or occupants could be liable if injuries result from negligence, pet “assault” or inadequate maintenance. Most personal injuries sustained in the workplace are covered by an employer’s workers’ compensation insurance. Personal injury claims are not so clear-cut when the injuries are sustained because of hazardous products, the elements (such as snow and ice), defective professional services or malfunctioning public utilities.

Identification

  • Not all personal injury claims are paid out. Oftentimes such cases are dismissed because of insufficient evidence. Several steps can be taken, however, to increase the chances of a successful outcome. Document (in writing) as many of the details of the accident as possible, including when, where and how it happened; what injuries were sustained; and the amount of lost wages (if any) that were incurred. Write down any discussions that took place with others involved in the accident. Contact any eye witnesses whose testimony can offer credence to your claim. Gather physical evidence and take pictures of any visible damage at the scene.

Benefits

  • The value of a personal injury claim usually is based on what would be considered “fair and reasonable” relative to the seriousness of the injuries and the repercussions the accident had on the individual’s daily life. Situations calling for extensive medical care and lost time from work or those resulting in permanent mental or physical damage may yield a more significant settlement. Should the claimant be deemed partially responsible for the injury-causing accident the settlement amount most likely would be reduced.

Misconceptions

  • An attorney is not always needed to file a personal injury claim. Cases involving minor injuries that will not cause an individual to lose time from work or school or require considerable medical attention usually can be handled in small claims court. In situations involving serious injuries or when an injury’s effects are uncertain you should seek the advice of an attorney experienced in personal injury claims.

Warning

  • Be aware of your state’s statute of limitations for filing a personal injury claim. Petitioners have anywhere from one month to one year to file a lawsuit or an insurance claim depending on the claim and the individual’s particular state. An individual’s insurer also affects the amount of time allowed for filing. Ask your insurance agent about your state’s filing requirements.

Researching Your Representation before Hiring

You may not know much about employment law in your state. When you have been hurt at work and need someone to help you put together a case or file a claim, you want to know that this person is skilled and knowledgeable in this aspect of law. Before you hire legal advocate like workmans comp attorneys, paralegals, or law firms to represent you, you may want to do some research first about these professionals. You can find out the vitae and other qualifications when you go online today.

Training and Background

Anyone can go into a courtroom and argue a case before a judge or jury. You have the right to represent yourself in your legal case or you can hire just about anyone to argue before the judge and jury for you.

However, representing yourself or handing off your case to a novice could result in a disastrous outcome. You may instead want to know that the person you hire to represent you in court has the training and know-how to argue a case and win. You can be assured of these qualifications by checking out the representation’s training and educational background online.

The website demonstrates that the person has the legal training and the years of experience in this aspect of law. The information provided online also may prove to you that the counsel obtaining the training from an accredited institution. Most law schools require that students study and perfect their legal skills over a period of three years. This amount of time can be sufficient in giving students the confidence and skills they need to represent future clients like you.

Training is only one aspect of gaining the needed expertise to represent you, however. You also may prefer to hire a counsel who has published papers and been an industry leader for years. You can check out these qualifications as well on the website.

Setting Up the First Appointment

If you are comfortable with the qualifications, you may then be interested in setting up the first appointment with the firm. You can use the phone number listed on the website to reach out the firm today.

You can also use the online email form. The first appointment typically comes at no charge to you.

Workers compensation laws always change in your state. You can check out a lawyer’s qualifications and knowledge online.

Go To the Experienced Professionals to Get Pardon in Canada

At times in life things happen that we are not arranged for. It is amid occasions such as these that we are in urgent requirement for data, however customarily data is difficult to find. A standout amongst the most destroying things in life is to end up needing kindness, yet to be uninformed of exactly how to get it. On the off chance that you wound up in a bad position, and you’re thinking about how to get a pardon; then simply realize that there are a few ways that you can do it.

One of these is approach to get a pardon is by being a representative. Fundamentally, negotiators from different nations naturally summon a privilege. Representatives can’t be held, and in this manner as a matter of course they will be discharged paying little heed to their wrongdoing. When you consider it is to some degree unjustifiable. In any case, it is ameliorating to realize that your nation’s negotiators are secured wherever they are.

You can likewise get one if the president chooses to overlook you. Everything you need is the thumbs up from the president. He can overlook any wrongdoing paying little respect to the seriousness. He even has the ability to take out the pardon Canada without or against the judgment of the whole nation. The most well known approach to get one is by presenting an advance. Everybody is qualified to present an offer. A judge will consider the solicitation, and on the off chance that it is conceded to assemble will have the alternative of going free. This is the least demanding one, yet and still, at the end of the day it is still muddled.

The entire procedure is troublesome. It is like this on the grounds that the administering power needs to ensure that individuals don’t carry out wrongdoings and afterward hope to be exonerated. This privilege is held for interesting cases, frequently times. There are specific circumstances that pull at the heart. A man will have a more prominent shot of accepting an acquittal on the off chance that he or she submitted the offense as a pre-adult. At present it is outlined as a transformation, yet as a rule we overlook; and we make it a holding place for the individuals who have done off-base.

The most effortless approach to get an acquittal is to be found not blameworthy for wrongdoing that you have as of now been detained for. Generally, method for examination is accessible years after detainment. The new strategy for the most part vindicates the individuals who were wrongfully blamed and indicted.

It is to be sure extremely pitiful that individuals serve for violations that they didn’t confer, and it is the desire of our equity framework to enhance so that these cases are soon wiped out. In any case, there are cases like this. It is invigorating to realize that once you are demonstrated pure you will be allowed the privilege of opportunity.  There is a great deal of governing rules connected with accepting a pardon Canada. Be that as it may, toward the end of the formality you can be liberated. The thought of a pardon is to pardon a man’s conduct. It is a vindication from an offense. The effortlessness is offered to a criminal. A great deal is considered before acquittal is given, and rightly so.

How to Make Contract for Termination of Employment

employee handbook-

Termination of employment is basically an employee’s departure from a position or job currently working on. This may be the choice of an employee or the employer, depending on the apparent conditions.

If it is the company’s or the employers’ choice to terminate the employment of an employee, it is more likely to be termed fired or dismissed. If it is the choice of the employee, then it is usually termed as resigned.

There are also mutually agreed terminations like the cases of contractual or seasonal employees mentioned in employee handbook 2016. Another type of this job departure is due to economic crisis that an area where the company or point of employment of a person is situated.

Types:

To better understand how termination of employment really works, here are some of its most common types:

  • Dismissal – is usually administered by the employer or company. This is done due to very many conditions. One is when the employee has incurred an irreparable damage to the company or to his or her reputation that will eventually affect the company. This kind of termination is bad for the employee in many cultures because there are still a number of entities that believe in the ‘history’ of employment of a potential employee.
  • Layoff – is also another instance that the company administer termination of employment. What makes it different from dismissal is that this time, the reason or reasons of doing so is more likely due to economic downturn or slowdown of the business. When this happens, the employer response is to eliminate some employees. As doing so may affect the day to day operation of the company, the employer will then restructure the workforce so as to cover the apparent loss in manpower.
  • Mutually agreed termination – is something that is very broad. In many cases, this is still a soft kind of dismissal on the part of the employer. This is usually done to keep the employee from the embarrassment of getting fired. In many cases, this is also termed as forced resignation. If the termination becomes a little bit difficult on the part of the employer, the company may choose to change the working conditions of the employee in the hope that the employee will eventually leave.

But there are also other types of a mutually agreed termination. Among these are contract employment, internship, and mandatory retirement. In any of these cases, the employee has no other choice but to leave the company.

  • Termination followed by rehire – is a reemployment of the same employee on the same position or job he or she held prior to termination. There are conditions, though. If the termination is with prejudice then the employee has very little chance of getting rehired. If the termination is without prejudice then there is a huge chance of reemployment in the future.

With termination of employment already defined, this makes the decision making to do so easier for both the employer and the employee. It is still important to check on the most updated regulations of the labor department of the jurisdiction to ensure zero errors in every decision.

Hospitals Can Still Be An Unsafe Place

It may seem like the health care systems in Canada and the United States should be creating better conditions for patients that arrive and stay there. After all, they have upgraded their technology and doctors have advanced medical knowledge that wasn’t available even a few decades ago. Yet somehow visiting the hospital is not always a perfect experience for people who would like their illness or injury treated.

Here are some of the ways that people are hurt at the hospital:

Patients are falling

The number one hazard at hospitals is not the treatment that you are getting, but a fall while you are walking or being transported. In most cases, the setbacks are not permanent for victims, but they do remind people of the notion that they should be consumers when they are at a hospital and complain and seek legal help when they need to if they are not getting the expected treatment.

Infusion problems

Another traditional hazard are the medications that are distributed as per doctors orders to each patient during the day and at night. In the past, before there were automated drug infusers in most hospitals, incorrect doses were entered all the time and patients ended up getting sicker or even dying in some cases. Since then, most modern hospitals have added infuser machines that have a digital display that allows the nurse or orderly to enter the therapy that is sought and let the machine take care of distributing the medication to the patient by controlling the iv. The mortality rate has gone down, but there are still problems when there is mechanical failure or the machines are used incorrectly.

When this type of problem occurs, a patient’s family should look for medical malpractice lawyers that can help them. In Toronto, one example of a firm that provides medical malpractice help for a wide variety of physical problems is HSH Lawyers. Of course the best way to find a lawyer that covers the type of injuries or illness that was sustained at the hospital is to look online to see what that particular firm specializes in. Most firms like HSH Lawyers will also chat with you privately online to determine if your case is one that fits what their firm does.

Surgical Mistakes

Most people have heard a story or two about people that have had surgical sponges left in their body after surgery, or people who have had the wrong body part operated on. This type of problem does happen and it is important for people that are with a patient to always remain alert and ensure that everyone knows what is going to happen. At the same time, there can also be other problems that don’t get reported and are harder for people to overcome. If a surgery doesn’t go well, part of the time it could be because there is some risk involved in undertaking it in the first place. But some of the time, an actual mistake by the staff, well-meaning though they may be, can cause serious damage that requires more care than was originally required. In that type of scenario, it is hard for a family to investigate and proceed without the services of a solid law firm.

SC: Computer Output not admissible without Compliance of 65B,EA

In the recent judgment of ANVAR P.V. VERSUS, P.K. BASHEER AND OTHERS, in CIVIL APPEAL NO. 4226 OF 2012 decided on Sept., 18, 2014, the Supreme Court has settled the controversies arising from the various conflicting judgments as well as the practices being followed  in the various High Courts and the Trial Court as to the admissibility of the Electronic Evidences. The court has interpreted the Section 22A, 45A, 59, 65A & 65B of the Evidence Act and held that data in CD/DVD/Pen Drive are not admissible without a certificate u/s 65 B(4) of  Evidence Act. It has  been clarified that in case of computer output without such a certificate, neither  there cannot be  oral evidence to prove such a electronic evidence the output in electronic media  nor the opinion of the expert under section 45A Evidence Act could be resorted to prove the genuineness.

The judgment would have serious implications in all the cases where the prosecution rely on the electronic data and particularly in the cases of anticorruption cases where the reliance is being placed on the audio-video recordings which are being forwarded in the form of CD/DVD to the court. In all such cases, where the CD/DVD are being forwarded without a certificate u/s 65B Evidence Act, such CD/DVD are not admissible in evidence and further expert opinion as to their genuineness cannot be looked into by the court as evident from the Supreme Court Judgment. It has been specified in the judgment that Genuineness, Veracity or Reliability of the evidence is seen by the court only after the stage of relevancy and admissibility.

It was further observed that all these safeguards are taken to ensure the source and authenticity, which are the two hallmarks pertaining to electronic record sought to be used as evidence. Electronic records being more susceptible to tampering, alteration, transposition, excision, etc. without such safeguards, the whole trial based on proof of electronic records can lead to travesty of justice.

In the anticorruption cases launched by the CBI and anticorruption/Vigilance agencies of the State, even the original recording which are recorded either in Digital Voice Recorders/mobile phones are not been preserved and thus, once the original recording is destroyed, there cannot be any question of issuing the certificate under section 65B(4) of the Evidence Act. Therefore in such cases, neither CD/DVD containing such recordings are admissible and can be exhibited into evidence nor the oral testimony or expert opinion is admissible and as such, the recording/data in the CD/DVD’s cannot become a sole basis for the conviction.

In the aforesaid Judgment, the court has held that Section 65B of the Evidence Act being a ‘not obstante clause’ would override the general law on secondary evidence under Section 63 and 65 of the Evidence Act. The section 63 and section 65 of the Evidence Act have no application to the secondary evidence of the electronic evidence and same shall be wholly governed by the Section 65A and 65B of the Evidence Act. The Constitution Bench of the Supreme Court overruled the judgment laid down in the State (NCT of Delhi) v. Navjot Sandhu alias Afsan Guru[(2005) 11 SCC 600 by the two judge Bench of the Supreme Court. The court specifically observed that the Judgment of Navjot Sandhu supra, to the extent, the statement of the law on admissibility of electronic evidence pertaining to electronic record of this court, does not lay down correct position and required to be overruled.

The only options to prove the electronic record/evidence is by producing the original electronic media as Primary Evidence court  or it’s copy by way secondary evidence u/s 65A/65B of Evidence Act. Thus, in the case of CD, VCD, chip, etc., the same shall be accompanied by the certificate in terms of Section 65B obtained at the time of taking the document, without which, the secondary evidence pertaining to that electronic record, is inadmissible. In the present case, the court observed that:-

“The appellant admittedly has not produced any certificate in terms of Section 65B in respect of the CDs, Exhibits-P4, P8, P9, P10, P12, P13, P15, P20 and P22. Therefore, the same cannot be admitted in evidence. Thus, the whole case set up regarding the corrupt practice using songs, announcements and speeches fall to the ground.”

It can be commonly seen that in most of the cases, electronic record are being produced in the court particularly mobile/DVR/Spy Cam  recording in the form of CD/DVD/Pen Drive and are relied in the civil as well as criminal cases. Normally the parties after recording the same, download the same on the computer/CD/DVD and delete the original recordings from the mobile/DVR/Spy cam and the resulting implications as evident from the aforesaid Judgment are such recordings in  CD/DVD are not admissible and even oral as well as expert testimony  does not comes to its rescue.

Recently some police/vigilance/anticorruption in its endeavour to curb corruption has asked the people to make the audio video recording of demand of bribe by the public servants and forward the same through emails/whatsApp, there is a caution as evident from the aforesaid discussion that such recordings would not be admissible and cannot become the basis of conviction until the original are preserved or proved in the court of the law by means of 65A/65B of the Evidence Act.

http://www.forensicveda.com/Compliance_Of_65A_65B.html

As in the Case of Lamb Meat: Customs Taxes Will Be Imposed on the Kashrut of Imported Oil

As in the Case of Lamb Meat: Customs Taxes Will Be Imposed on the Kashrut of Imported Oil
Adv. Gill Nadel, Adv. Omer Wagner
On 21.8.14 the Jerusalem Magistrates Court gave a ruling in Civil Suit 5909/09 Maya The Jerusalem Spices Of Life Company Ltd. vs. The State of Israel-Tax Authority-Department of Customs and VAT, and ruled that the kashrut supervision expenses of oil imported to Israel would be included in the value of the oil for customs purposes.
It should be noted that the importer, represented by our firm, is currently studying the ruling and examining the option of submitting an appeal.

The Jerusalem Magistrates Court has in fact adopted the basic ruling of the Central District Court, in a ruling given in another case in June 2014, where it was decided that the expenses of kosher butchering and kashrut supervision of another product – imported lamb meat, would be included in the value for customs purposes [Civil Appeal (Central District Court) 2107-11-13 25410-10-13 Neto Melinda Trade Ltd. et al vs. The State of Israel-Customs Authority, given on 23.6.14].

In the current ruling, the Jerusalem Magistrates Court rejected the proposed distinction between kashrut supervision for lamb meat and kashrut supervision for oil, and ruled that for the purposes of customs they are the same.

The Case Facts and the Arguments of the Parties:

Maya The Jerusalem Spices Of Life Company Ltd. (“the importer”) imported two kinds of oil to Israel: inedible olive oil – used as fuel for lamps, and edible virgin olive oil.

Prior to importing the oil, the importer sent a kashrut supervisor to the suppliers’ factory from the Badatz of the Edah HaChareidit rabbinical court, whose job was to supervise the processes in the factories in order to give the imported oil a kashrut certificate.
The importer paid the factory for the oil, and paid the Badatz for the supervision.

The Customs Authority required the importer to pay a retroactive customs deficit for the cost of the kashrut supervision and stated that it is an inseparable part of the value of the imported product, in accordance with Section 132 of the Customs Ordinance.

The importer argued that these are voluntary expenses borne by choice, for the purpose of marketing and advancing sales in Israel. The importer claimed that these expenses which are not paid to the seller but to a third party cannot be included in the value for customs purposes in accordance with Section 132 of the Customs Ordinance.

Since the Central District Court had already ruled that the expenses of kosher butchering and kashrut supervision for lamb meat be included in the value for customs purposes, the importer claimed that Israeli law forbids the import of non-kosher meat, whereas there is no similar law with regard to oil. In addition, the importer claimed that the involvement of the kashrut supervisor in the oil manufacturing process is smaller than the role a meat kashrut supervisor. In this way, the importer claimed that in the case of kashrut supervision for oil, the rabbi goes “in and out”, that is, does not have to be present for the entire process, and that in the case of oil for lamp lighting the kashrut supervisor only observes the bottling process and not the process of manufacturing the oil from the olives.

Alternatively, the importer claimed exemption from the deficit due to his compliance with Section 3 of the Indirect Taxes Law.

The Ruling:

The court rejected the distinction proposed by the importer between the process of kashrut supervision for oil and the process of kashrut supervision for lamb meat. The court ruled that it doesn’t matter whether the kashrut supervision expenses are imposed on the importer by law – as in the import of lamb meat, or are voluntary – as in the import of oil.
In addition, the court rejected the claim that the kashrut supervisor is less involved in oil than in lamb meat, and decided that this distinction is irrelevant to the resulting ruling.
The court ruled that kashrut supervision is an action that gives the goods their very essence and turns them into kosher products – and therefore this action is considered an inseparable part of their manufacturing process, whatever the process may entail, and whatever the reasons for carrying it out may be. Therefore, it was ruled that the action of kashrut supervision is part of the value paid or that should be paid for the goods upon import.

The court rejected the importer’s alternative claim of compliance with Section 3 of the Indirect Taxes Law.

[Civil Suit (Jerusalem Magistrates Court) 5909/09 Maya The Jerusalem Spices Of Life Company Ltd. vs. The State of Israel-Tax Authority-Department of Customs and VAT, Justice Tamar Bar Asher Zaban, given on 21.8.14. Parties’ representatives: for the importer – Adv. Gill Nadel and Adv. Omer Wagner from our firm. For the Customs Authority – Adv. Havi Toker from the Jerusalem District Attorney (Civil)].

 

Comments:

A while ago a private bill was filed with the purpose of amending the Customs Ordinance with regard to kashrut, and to decide that kashrut expenses will not be taken into account when calculating the customs tax on an imported product.
The private bill was submitted to the Knesset on 19.3.14 by MKs Moshe Gafni, Uri Makleb and Yaakov Asher (Yahadut HaTorah party), and it proposes to add a section to the new Customs Ordinance, in the following words:
“In determining the value of a transaction, expenses borne abroad for kashrut supervision by a kashrut supervisor who is a resident of Israel will not be taken into account”.
The explanatory notes to the bill stated that it came into existence following the rulings on the subject of kashrut, and that its purpose is to prevent damage to kashrut supervisors’ occupation and an increase in the cost of kosher products. This is how it was worded in the explanatory notes:
“The result of the ruling is likely to cause an increase in the cost of products that are imported with kashrut certification – as a result of the aforementioned rise of the customs tax, and also to cause a reduction in kashrut and hurt the kashrut supervisors who are Israeli residents, who provide kashrut certifications abroad and that is the source of their livelihood”.

[Bill to Amend the Customs Ordinance (Exclusion of Kashrut Supervision Expenses From Transaction Value), 2014]

 

* * *

This document provides a general summary and is for information purposes only. It is not intended to be comprehensive nor does it constitute legal advice. If you are interested in obtaining further information or wish to follow the legal developments on this matter, please contact Adv. Gill Nadel – Chair of the firm’s Import, Export and International Trade Law Practice, Tax and Executive Compensation Department. Email: Gill.Nadel@goldfarb.com, phone: 03-6089848.

Brain Injury Lawyer – How to Find a Great Lawyer

The brain injury lawyer counselor is the first individual that an individual ought to contact on the off chance that he endures a mind damage that is created by another person. Cerebrum wounds are extremely unsafe and can render genuine effects on the life of the victimized person and his relatives. An individual experiencing such a harm in a mischance gets to be unequipped for carrying on with a typical life. He needs consistent and delayed treatment which can be excessive. On account of mishaps that obligation regarding the mind harm of the exploited person lies singularly with the individual who submitted the mishap. The exploited person must document a remuneration argument against that individual to recoup some of his harms.

The brain injury lawyer is one who knows how to document a case appropriately in court and how to concoct the essential contentions which are going to make the judge decide for the victimized person. Such attorneys are a prized resource of any law office and they are paid high charge to battle the cases. The measure of pay that could be picked up in such a claim is significant along these lines the brain injury lawyer charge their customers intensely than whatever remains of the legal counselors.

The person who endures such a harm because of an auto collision ought to rapidly counsel abrain injury lawyer to record a remuneration case. The purpose behind this is that the speedier the case is recorded the better are the chances that the victimized person can get the remuneration cash. There are numerous law offices that utilize brain injury lawyer however not all legal advisors have the same measure of aptitude and ability. A few legal advisors are superior to the rest due to their abnormal state of experience and aptitude in taking care of a specific kind of cases.

An individual ought to choose an individual damage legal advisor that he supposes is going to battle his case with the most extreme devotion. Despite the fact that discovering such an attorney is hard however it is not incomprehensible. An individual must have the will to research and he will doubtlessly discover a legal advisor that is ideal for his needs. The web is a decent wellspring of data and an individual can begin his pursuit here. The law offices have their own particular sites where the qualifications of their attorneys are recorded. An individual can discover the insights about the legal advisors here and after that contact them through telephone or mail. Another method for inquiring about can be to call your nearby bar affiliation and request that they recommend you a lawyer that represents considerable authority in mind damage cases.

When you have discovered a decent legal counselor you must give him all the points of interest of your case and don’t conceal anything from him. The steps that are normally taken by the brain injury lawyer after they are contracted are:

1) They get the specialists to examine the seriousness of the harm endured by their customer.

2) They gather extra actualities and data about the mishap.

3) They evaluate who is to be reprimanded for the mishap.

4) They hold transactions between their customer and the gathering at issue for the mishap.

Figure out all the more about how to choose the best cerebrum harm legal advisor in your town.

The writer is a legitimate master, you can discover more articles of her in her site Injury Lawyer. Where you can get more data, direction and customized counseling.Brain Injury Lawyer, More Information visit www.singerkwinter.com

Why Hiring a DWI Attorney is Your Best Option

Here are a few of the top reasons you should work with a DWI attorney in Houston for the best outcome of your case.

Help You Act Appropriately

Along with all the concrete rules and regulations associated with court proceedings, there are a number of unwritten rules regarding etiquette during court. You might not be aware of these rules simply because you lack the experience. When this is your first time facing criminal charges, it can be difficult to know how to act in court, especially when you are feeling scared and nervous. An attorney acts as your advocate and helps you know what to expect and how to act when you are in court.

Identify Long-Term Consequences

One mistake that many people facing criminal charges make is failing to see the long-term consequences of a guilty plea. Many people hear the words “reduced sentence” in connection with pleading guilty and do whatever it takes to achieve that lesser sentence. However, an attorney can and should be hired to help you look at the big picture. Perhaps pleading guilty is the best thing to do, but it might not be. An attorney can help you figure out which applies to your situation.

Give Your Case Enough Time and Attention

While you are facing the possibility of conviction, it is not the only thing going on in your life. You still have a job, family, and other daily things to worry about as well. Simply put, most people who choose to represent themselves ultimately find that they just do not have the time available to devote enough attention and energy to their case that a lawyer will have.

Gather Prosecution Witness Statements

Understandably, witnesses are going to be much less likely to give you information they have about your case because you were directly involved. However, attorneys can gather this information much easier than you can. Witnesses are going to be much more likely to give information about their upcoming testimony to an attorney.

Use a Network of Investigators

DWI attorneys can find and hire investigators with whom they have worked professionally before to uncover any information that might be helpful and pertinent to your case such as information on the witnesses who the prosecution has called to testify. Investigators are looking for something that would indicate the witnesses’ testimony cannot be trusted.

Find and Hire Expert Witnesses

Expert witnesses are professionals who are hired to present information relevant to a client’s case in court. The problem with representing yourself is you often will not know which experts are relevant to your case and will not know whom to contact. There are professional expert witnesses that many attorneys refer to time and time again, and working with a lawyer who has access to a number of expert witnesses may be the thing that wins your case.

Ultimately, the best reason to work with a DWI attorney in Houston to help you beat a DWI charge is that this will give you the highest likelihood of success. While the time and financial cost savings are significant, the best thing a lawyer can do for you is help you get your life back to normal as soon as possible.

 

DUI Tips from a Criminal Defense Attorney

The First Offense

In Texas, the severity of the DUI penalty is directly related to how many previous offenses you have had and can change depending on your age and whether you were using a CDL. If you have never been convicted of a DUI before, the best outcome you can hope for is three days in jail, a fine of less than $2,000, and a 90-day license suspension.

The Second Offense

If this is your second offense, a good attorney might be able to get you 30 days in jail, a fine of less than $4,000, a license suspension of up to 180 days, and the installation of an interlock device on your car. Once you start racking up multiple offenses, judges tend to come down hard and, unlike some other states, it doesn’t matter how long ago your last offense was. Texas considers any DUI offense you’ve ever had!

The Third Offense

By the time you hit the third offense, you could be looking at 2 years in prison, up to $10,000 in fines, up to 2 years of license suspension, and the installation of an interlock device on your car. The penalties for DUI in Texas are harsh and are dealt out with surprising regularity. For this reason, the best piece of advice any attorney can give you is to not drink and drive. While it is possible to get off entirely, it happens once in a blue moon and, as you can see, even the lightest sentences can have a huge impact on your life, your job, and your family.

3 Different Legal Limits

Texas, just like most other states, has 3 different legal limits that could get you into serious trouble, depending on who you are. The most common blood alcohol content is the famous .08. This limit applies to anyone 21 years or older who is not operating a vehicle with a CDL. For people below the age of 21, blowing a .02 is enough to get you hit with DUI penalties, and for people operating a vehicle under a CDL, your legal limit is .04. The DUI/DWI penalties will kick in as soon as someone reaches the lowest legal limit that applies to them.

How Many Drinks?

Now, most people don’t set out to blow past the legal BAC. For most people, it sneaks up on them. For this reason, it is a good idea to know about how many drinks it takes for someone to end up in trouble. Since the amount of alcohol required to reach the legal limit is dependent upon gender and weight, it is probably best to use the average weight of both genders. For females, the average weight is 156 pounds and for someone that size, it usually only takes 3 or 4 drinks to blow a .08. For men, the average weight is 196 pounds and it usually only takes 3 to 5 drinks to blow a .08. As you can see, it can sneak up on you pretty easily.

One great way to make sure you don’t go over your drink limit is to stop drinking at one drink before you are likely to blow a .08. If, however, you do go over your legal limit, make sure to speak with a criminal defense attorney in Houston, TX, about your options.

Six Arrested for Money Laundering in Greater Manchester

An eight month investigation has led to six men being charged of money laundering.

After warrants were executed for various locations in  for varioous onvicted of money launderingthe Greater Manchester area under Operation Alveras, various items were seized, from high value cars including a Porsche and a Mercedes, to designer handbags, perfume and high tech gadgets. Operation Alveras was intended to uncover various money laundering Manchesteroperations being carried out by European gangs.

This isn’t the only recent high profile money laundering case. A report earlier in March also detailed that large-scale money laundering operations were happening frequently in London, with 36,000 London properties owned by hidden companies registered in offshore havens, allowing them to avoid tax obligations as well an enabling them to hide any stolen assets. The company CWM Cyclone promotions company is also currently at the centre of a money laundering and fraud investigation, which the company disputes.

 

What is money laundering?

Money laundering is when money obtained through criminal activity is processed or ‘cleaned’ in order to cover up the fact that it is not owned legally, though under current law the definition is much broader and covers a variety of crimes. For instance, money laundering can include money used to fund terrorism.

The Proceeds of Crime Act, better known as POCA, has identified three money laundering offences which are summarised thusly:

  • Concealing, disguising, converting or transferring criminal property or attempting to move criminal property out of the UK.
  • Knowingly entering into an arrangement involving the acquisition, retention, use or control of criminal property.
  • Acquiring, using or possessing criminal property without providing adequate consideration.

Under POCA, the term ‘money laundering’ is very broad, and if you are accused of money laundering then you may be charged with additional offences related to the crime. For example, you might be charged with acting as a courier or hawala banking, an informal transferring process that has come under fire for enabling tax fraud and money laundering.

However, you should not assume that money laundering is a charge that accompanies other charges. It is entirely possible to be charged with money laundering on its own. The nature of the crime also means that you can be charged with money laundering despite having no active involvement, because all three offences laid out by POCA contains the same elements:

  • Property that originates from criminal activity
  • Any acts or actions involving criminal property
  • Knowledge or suspicion that the property was obtained criminally.

Therefore, many people may be charged with money laundering in a single case. For example, if you have been accused, your spouse might also be charged if the police have reason to believe that they were knowingly involved or suspicious of criminal activity.

Because of the broader definition, money laundering cases are often very complex and can take a long time to process as well as being difficult from a defence standpoint. If you are accused of money laundering, you should look to get representation as early as possible so that your case is more effectively managed for a better outcome.

Stephen Lickrish and Associates are a group of money laundering solicitors in Manchester that have plenty of experience in presenting clients accused of serious fraud. If you need representation for your money laundering case, get in touch today to see how they can help you.

Some Questions Regarding The Green Card Medical Exam Answered

I am an applicant who is applying for immigrant status in the United States but am out of the country. I went in for the prescribed green card medical examination that was conducted by a panel physician, and I also received some vaccinations. Am I supposed to go in for the green card medical examination again and get the vaccinations done again?

A: You shall have to go through the instructions in the Form I-693 and understand the requirements, and see whether you need to go in for the green card medical examination again. The vaccination procedure too you will have to assess after going through the I-693 form, and also on the requirements based on your current immigration status in the United States.

QUESTION: How do I determine which vaccines are needed for immigration purposes?

A: When the USCIS-approved Civil Surgeon administers the vaccinations for the Green Card Medical Exam he has to follow the Technical Instructions for the Examination of Aliens prescribed in the United States, and also the 2009 Technical Instructions to Civil Surgeons for Vaccinations. The USCIS-approved Civil Surgeon also has to go through any updates that are frequently published, either in print or online. A list of vaccination and medical examination instructions which also include a detailed table listing of all required vaccines is available at http://www.cdc.gov/immigrantrefugeehealth/exams/ti/civil/vaccination-civil-technical-instructions.html.

QUESTION: Am I supposed to take all the necessary vaccinations, although I have been vaccinated with the same before?

A.No.Your vaccination records will be reviewed by the USCIS-approved Civil Surgeon who will go through them at the time of the Green Card Medical Examination and ensure that you have all the records intact of the earlier vaccinations taken. This will be done keeping in mind the vaccine-preventable diseases that are suitable for your age group. Please remember to carry any written documentation pertaining to your vaccination to show to the Civil Surgeon at the time of the Green Card Medical Examination.

If you have not gone in for any of the vaccinations that are required for your age group they can be administered by the USCIS-approved Civil Surgeon. Alternately the same vaccines may be obtained from your personal healthcare official. But because as, only the USCIS-approved Civil Surgeon is authorized to assess your vaccination records on the I-693 form you should inform your Civil Surgeon that you have already received the vaccines that were missing. Also, do not forget to carry any other proof of immunity, the documents which should be shown to the Surgeon. This will in turn, help him to decide which vaccines have to be taken by you.

Why you should never perform DUI field sobriety tests

DUI field sobriety tests are designed to make you fail and are judged solely by the officer giving the test.  That’s right, the person who suspects you are under the influence is the same person who asks you to perform the tests and is the one who judges your performance.  I mean there’s no bias in that is there?

What is the Filed Sobriety test?

Police officers will ask a person suspected of driving under the influence to get out of their vehicle and perform a field sobriety test, just to see if your okay to drive, they will tell you.  Seems reasonable enough, right?  You may be asked to perform a variety of tests but the three main ones are the eye nystagmus test, walk-and-turn, and one-leg-stand.

The average person has never thought about taking these tests before and has no idea what is required to pass them.  Police are not required to explain what you are being judged on and certainly never do.

Did I mention that they are trained at administering the tests and have performed it themselves many times before while you most likely have never taken the test and have no idea what is required to pass it.

Do you have to do the test?

The field sobriety test is not mandatory in the state of South Carolina and there is no punishment for not taking them.  That’s correct, you can refuse to take the test and there’s nothing the police can do about it.  They will be forced to make a decision to arrest you on the basis of very minimal evidence, which they no will hurt their case against you.  Unlike refusing to provide a breath sample where your license will be suspended no such penalty occurs for refusing to take the test.  So why do people take the tests, because they are not aware that they have a right to refuse and the police put pressure on them to take the test.

Judges and juries believe in them, why?

Because of the propaganda we have been sold that these tests are indicative of an impaired driver.  Unless of course you are a judge that has been arrested for DUI and there are plenty of those that have been subjected to this.  The tests have never been subjected to peer review, which means that other scientists review the hypothesis presented and agree or challenge the theory.  That’s why it is important to retain a Mt. Pleasant DUI Lawyer to defend your rights.

Androgel Lawsuit & Lawyers in Salt Lake City, Utah

On January 31, 2014, the FDA is investigating new studies concerning the dramatic increase of potentially fatal effects of  testosterone therapy drugs, such as Androgel and other related testosterone drugs. At The Zabriskie Law Firm, our Salt Lake City criminal defense attorneys are equipped to handle cases in State and Federal Court. Many people are confused as to the difference between these two types of cases, so we’re here to help explain the differences as…

The National Cancer Institute recently, “… found that men over the age of 65, as well as patients younger than 65 with a history of heart disease, had twice the rate of heart attacks in the three months after beginning testosterone therapy when compared to the year prior to treatment.” The National Cancer Institute and The Journal of the American Medical Association (JAMA) have both released studies showing a substantial risk increase of heart attack, stroke, and death for men using “Low-T” therapy drugs. Zabriskie Law Firm anticipates filing hundreds of Androgel lawsuit on behalf of suffering patients who were injured while using testosterone therapy drugs.

THEIR MONEY, YOUR HEALTH

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Reports show that testosterone therapy will be a $5 Billion Industry by 2017. Why is that important to know? This is a standard practice for the major pharmaceutical companies who make billions on a specific drug without conducting proper research. Once they have made their money, they set aside a few hundred million for Androgel Class Action lawsuit. They take a small “slap on the wrist” and when all is said and done, they have still profited Billions of dollars with a “minimal payout” to sick and dying patients. To them it’s “Good Business,” but to you or your loved one, it’s pain, suffering and even death!

Testosterone Drug List:

  • Androgel
  • Axiron
  • Fortesta
  • Androderm
  • Depo-Testosterone
  • Testred
  • Testim
  • Delatestryl
  • Testopel
  • Bio-T-Gel
  • Striant

The time to take action is now, and by waiting to seek help from an attorney you are hurting your chances for receiving justice. The other side has attorneys trying to secure the most unfavorable result for you. You need a legal advocate who will fight tirelessly to defend your rights. Here at The Zabriskie Law Firm Salt Lake City, UT we never underestimate the serious nature of your case, and we have a proven history of success with negotiations and trial. In order to protect your legal rights, please fill out and submit the case evaluation form on this page.

Our skilled team of attorneys will carefully review and assess your situation in order to provide you with the reliable help you need. We have achieved over 400 trial victories and are prepared to stand up for your rights.

Hiring an employment lawyer to fight workplace issues – The process is even better

None of us wish to hire an attorney or even think of having disputes at workplace before joining an organization. But the harsh reality of life is a lot of workplace disputes are taking place these days. Most of the time employees are deprived from promotion or accused for others fault. In cases like these you need to seek legal assistance.

Employment attorneys are the ones that deal with major to minor labor disputes like wrongful termination, poor wage structure, termination, harassment and others. They are responsible for protecting the employee rights so if you are facing any discrimination at workplace, hire an attorney. Let me tell you that choosing a good employment lawyer in California is important. You should be represented in the court extremely well and he will work with you so that you get what you deserve.

Choosing an employment lawyer is not always a nightmare but there are certain things you can do to make the process better. Checking with the local employment lawyers is a wise idea and always ask for a free consultation. You should arrange a meeting with your lawyer for accurate evaluation. So, ask too many questions to make sure that he/she knows about labor laws and specially the one that applies to you.

Basically we all hate visiting the court but if you have to be there making sure you are well prepared and have sufficient arguments against your employers. Do a proper research and an online search about the employee as well as employer rights. The attorney as well as you should understand your specific situation and the law that applies to your case. More the knowledge you gather and possess, the easier it will be to convince the court. You should have enough confidence in your employment attorney and work together for the best results. Here are a few factors you can keep in mind:

  • Communicate with your employer via mails.
  • You can use emails, witness statements and correspondences as evidences.
  • Keep a journal handy where the dates, times, names and places are recorded.
  • Do not fall prey to immature tactics or physical violence.
  • Do not play the role of a lawyer yourself.

While looking for an employment lawyer California, residents should keep in mind that this service is not cheap at all. But you can be sure that getting a piece of concrete advice won’t cost a fortune. But do you know that there are prepaid legal services? Using this service you can get assistance and advice regarding employment issues and this means that you can take action against your employer no matter what your financial status is. You just have to pay a little monthly premium for your peace of mind.

An employment attorney will help you to gain the right amount of compensation and also regain your reputation. It’s time to prove that the organization was not worth.

What Social Security Disability Insurance Stands for

If you have injured yourself at your workplace and you are now no longer able to continue your job, the financial concerns would be clouding over you. One of the most preferred services you should reach out must be social security disability insurance. It provides disabled persons with an assured flow of money to ride over the financial pressures for the rest of their life.

Social security benefit insurance is a kind of benefit that the concerned Federal department provides to those families who have lost the income due to injuries to their earners. The program is basically aimed at providing financial security to disabled people, so that they don’t compromise with their lifestyle just because of the finance shortage. It is supported by the social security taxes that the employees in America pay. And if you have worked in the United States, you must have paid a certain part of your salary as social security taxes for a long. So, the eligibility to avail of the benefits is all influenced by the amount you have deposited.

Disability benefits are extended to those who are:

  • Disabled or blind
  • Widow
  • And, disabled from birth

In addition, some eligibility requirements have been identified for the insurance benefits. They are:

  • The applicant should be US nationals,

  • They should be aged at minimum 65 years or above
  • Not eligible to sustain their life due to disability

But apart from all the benefits, there are some technical obstacles that may keep you away from it. In the Federal court, there are numbers of such cases which are pending due to improper presentation. If you don’t present your claim in a proper way or through an experienced attorney, there is a chance that it may get late. In such situations, you should reach out to an experienced attorney for social security disability insurance. The attorneys do have complete information regarding the procedure a claimant can put forward his/her case in the courtroom.

While selecting an attorney for your case, you should be aware of some important facts with regard to the credentials a lawyer should have. It is completely the wastage of your money if you put your claim forward through an inexperienced or irrelevant attorney.

So, you should visit their websites and make sure the select attorneys have complete solutions to offer you. Check if the lawyer owns extended experience in social security disability insurance cases.

How to File and Negotiate a Personal Injury Claim

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A personal injury claim can be settle without an attorney. Make no mistake. In fact, the great majority of personal injury claims do not involve attorneys. The reason for this is the high legal fees and cost that will be tackled to your settlement. Learning the process and handling your claim can save you a bundle and increase your injury compensation. You should follow the steps below after a vehicle accident which you believe you are not at fault for and that you have been truthfully injured at.

Instructions

  1. File a claim when you have a claim. This sounds odd enough, but the personal injury claim process starts when you go to the doctor. As soon as a medical professional treats you, you will be considered “injured”. When people claim headaches or similar injuries, the insurance adjuster will not allow payments for pain and suffering unless they think they can settle the day you filed the claim. Most of the time, however, there will want to see some objective evidence of the injury. If you went to the emergency room, then were seen by a medical professional.
  2. Contact your own insurance company. You must (not optional), contact your insurance carrier and explain that you have been in an accident and you are at seeking medical care. Your insurance company will have to be on board on this because they will be paying all your qualified medical expenses as they come in. The insurance company of the person that hit you will have to pay or reimburse your insurance company, but they will do this only when your settle (unless the accident occurred on Montana and/or Arizona).
  3. Fill out and send the Medical Authorization Form. As soon as your insurance company finds out that you have been injured, they will send a Medical Authorization Form and a Wage Information Form. These forms are critical to your personal injury claim. You have to fill them out and send them to your insurance company.
    However, be aware of what they say. Some forms are way too broad on scope, meaning that they will ask for all your medical and employment information, even if they are in no way related to your injury. If this is the case, either call your insurance company and ask them to reduce the scope to only to your injury (back, neck, knee, etc.) and to the medical treatment for the injury on the date of your accident. Also, reduce the scope of the employment wage form. Only give them access to relevant information, no need to disclose your entire personal file.
  4. Follow your doctor’s instructions. In most auto accidents, you will not feel pain and injuries until some time has passed. You might feel okay at the scene, but few days and weeks after, you will feel completely miserable. If the emergency room doctor, or any doctor for that matter, gave you an instruction, do not disregard as if you do not need it.
  5. Ask for a referral. Adjusters will not think your lower back, whiplash, and neck injury is real if a doctor does not refer you for your condition. Ask your doctor to refer you to a chiropractor, physiotherapists, or someone with medical treatment to see you.
  6. Follow your treatment schedule. It is important that you follow your treatment schedule. If you start skipping dates, your recovery will take much longer. Adjusters will believe that you are not “as injured” as you are claiming (if you were hurt, you will probably go to the doctor). Unsubstantiated gaps on treatment will reduce any award you might be entitled to in any personal injury claim.
  7. Stop and ask is this helping? Some doctors like to keep you as a patient for longer than needed. It is simple economics, the longer you treat, the more money they make. Most doctors are very ethical and will release you as soon as you are recovered. Insurance adjusters look at over treatment very unkindly (as they should). Also, if what you have been going to a particular treatment but have not seen any improvement, ask for a referral to another doctor for some other treatment.
  8. Keep a diary documenting your personal injury claim. Make sure you document how the accident and injuries affected your life. This will be very important when documenting negotiation pain and suffering.
  9. Collect all your medical expenses and loss wages. Also collect all your medical reports and read them. Make sure that everything is clear and accurate. If there are any inaccuracies, contact the medical providers to have them corrected.
  10. Submit to the insurance adjuster of the person that hit you. They will review for file and make you an offer based on those.
  11. Do not settle your personal injury claim on the first offer. Insurance adjusters always have room to go up, sometimes substantially.
  12. If the adjuster is being difficult or they are telling you things that do not really make sense, consider talking to an attorney. Most attorneys will give you a free consultation to go over your case.

How to Understand Personal Injury Settlement without a Lawyer

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As an accident victim, you are entitled to personal injury compensation. The compensation you receive should be adequate for your suffering and loss. These are some things you need to do for injury settlement.

Instructions

  1. As an accident victim, you are entitled to personal injury compensation. The compensation you receive should be adequate for your suffering and loss.
  2. Once you file a personal injury claim, your insurance company will make an initial settlement offer. Accepting the settlement offer will release the insurance company from further liability. This means that the insurance company will no longer be bound to pay you any more money as personal injury compensation in this case.
  3. Be warned however: a prompt offer from the insurance company may be an attempt to induce you to agree to a compensation amount that is less than you deserve. How can you decide-especially in the absence of professional legal advice-whether you should accept the settlement being offered? These are some things you need to do:

How Does a Personal Injury Claim Work?

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Understanding Personal Injury Claims

  • A personal injury claim is a means for a person to collect damages if he is injured by the actions or negligence or another entity. Personal injury claims can include physical damage—pain and suffering, long or short term disabilities, or wrongful death—but may also include emotional or psychological injury, such as emotional distress.
    Personal injury claims are designed to help the victim recoup monetary losses or debt incurred because of the injury, such as medical or hospital bills. Even if the injuries incurred are minor and temporary, filing a personal injury claim may award substantial financial restitution, or in the cases where damage was caused by extreme negligence, the claim may also award the victim punitive damages.

Getting Representation

  • It is usually recommended that someone considering a personal injury claim seek representation as soon as possible. Depending on the case, most attorneys specializing in personal injury work on contingency, or a percentage of financial damages awarded at the end of the claim.
    Over the past few years, there has been a growing push for individuals to settle their claims with an insurance company using mediation instead of litigation. Taking a claim through hearings and the court system is costly and can take several months—or several years. Mediation is often looked at as a way to settle claims faster and more efficiently for both the injured and the insurance company (or representative agency).

Time to File

  • Depending on where you live, the type of injury was sustained, and who or what caused the injury, there are time limits to filing a personal injury claim. For example, the victim may only have 120 days to file a claim against city official verses 2 to 12 years to file a worker’s compensation claim for injuries received while on the job.

The Damages Formula

  • If and when a personal injury claim is being filed against an insurance company, an insurance adjuster usually approaches the victim with a compensation offer, usually a point where the negotiations for the final compensation amount begins. The adjuster uses a “damages formula” to determine this dollar amount.
    The damages formula is actually simple: the adjuster adds up the total amount of medical bills related to the injury (which are called “medical special damages”) and uses that number as a base figure. The adjuster adds to that base amount any income lost because of the injury.
    Depending on the severity of the injury, the adjuster must also add in damages for pain and suffering and other such damages, or “general damages.” If the injury is minor, that base amount of medical special damages is multiplied by 1.5 or 2, but if the injuries are severe, that factor can increase.

Who’s at Fault?

  • Another big issue that must be taken into account when a company or representative agency determines how much to compensate a victim is determining who was at fault and to what extent.
    In most cases, there is little argument as to who’s responsible for the injury, but there can be negotiation over what percentage. In many cases, the victim is also determined to have a percentage of fault, and that percentage can reduce the amount offered as compensation.
    Every personal injury claim is different, however, and the particular circumstances and local laws ultimately decide who is awarded and how much.

How to Fire a Personal Injury Attorney

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As the client, you’re the boss in a lawyer/client relationship. In reality, though, this can be complicated by the attorney’s vastly superior understanding of your own case and by the point in the process your case has reached. To fire a personal injury attorney is definitely possible, but it should be done carefully and with consideration.

Instructions

  1. Review your payment agreement and account invoice. If you signed an agreement, it might detail how to terminate the relationship. In most personal injury cases, the attorney is working on a contingency basis, meaning she is only paid from any awards won in court or through negotiations. Request an invoice and pay it off. If the bill has already exceeded your ability to pay, which is quite likely, the attorney will still be owed the funds from any award won with another lawyer.
  2. Hire another lawyer. To avoid being left without legal representation and possibly prejudice your case by missing important deadlines, get another attorney involved as soon as possible. This can also help with any lingering issues involving the old lawyer, particularly pertaining to fees and costs.
  3. Send a certified letter. Terminate your relationship in writing, and specify the date and time of termination. This will help avoid any confusion as to your expectations for the attorney’s services and his claims for fees and costs.
  4. Notify the court. If your case has advanced to the trial stage, meaning there’s been a complaint filed, the court and all other parties must be notified of the change in your representation. Depending on how far the case has progressed, the court might have to formally dismiss the old attorney and admit the new one to the case through special pleadings. Your new attorney should be able to handle this, if necessary.
  5. Get your file. Assuming you’ve paid your legal bill, your file is your property, and your new lawyer is going to need it to continue your case. But, if there is a dispute about the bill, getting the file could become an issue. If this is the situation, ask your new attorney to help in the negotiations and confirm her share of any eventual award or settlement. The old attorney can ship your file (charging you for the shipping, of course), but it’s usually better to pick it up in person or through a representative.

What Are the Differences Between Federal, State & Local Law Enforcement?

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The field of law enforcement has branches that oversee a range of jurisdictions, all with a common purpose: to protect citizens and enforce the laws passed by legislators at the local, state and federal level of government. Depending on where you’re at, and what you’re doing, different types of law enforcement agents may take an interest in your activities.

LocalThe most common and visible law enforcement officials are the municipal police officers representing cities, villages and townships. The main difference between these officers and those at the state or federal level is they are the initial enforcement front for all criminal laws. With chiefs who are usually appointed by the mayor but sometimes elected to office, these officers’ efforts are bolstered by a range of support staffers, from detectives to dispatchers to jailers, who protect citizens and enforce laws passed at all levels of government. Their activities are generally limited to the jurisdiction they’re assigned to, as opposed to officers at the state or federal level.

StateThough often based in and elected by county voters in most American states, sheriffs and their deputies are often responsible for patrolling an area’s state and federal routes, as well as its unincorporated or unpoliced municipalities. These officers, like municipal police, often find themselves enforcing local, state or federal laws on the front lines. Many states have highway patrol and/or state police officers, too, who commonly are found along highways enforcing state traffic, criminal or civil laws. State drug task forces, executive departments such as attorneys general or taxation, even state parks agencies employ law enforcement agents to engage in more specialized enforcement efforts. Officers in state prisons also are considered part of each state’s law enforcement efforts, different from the others in that they’re enforcing state laws within the confines of a state institution.

FederalThe federal government employs various types of law enforcement agents, all enforcing laws and policies established at the highest level of government. These include special agents and support staff for agencies including the Federal Bureau of Investigation, Drug Enforcement Agency and Bureau of Alcohol, Tobacco, Firearms and Explosives, but also involve oversight by several others, ranging from the Internal Revenue Service to the Bureau of Indian Affairs. They don’t enforce local or state laws, but would be apt to tip off the correct local or state authorities when suspect activity is spotted. Federal prosecutors often coordinate the efforts of agents from several agencies at once to build cases and prosecute federal crimes.

Where the Court LiesOfficers at different levels of law enforcement interact and share information and testimony in a range of cases. Local officials will enforce all levels of law, but the courthouse or adjudicating authority that prosecutes and punishes alleged violators will depend on the type of law or policy that’s been broken. Many local laws that are broken at the misdemeanor level are handled at the local level. For instance, many Ohio municipalities have mayor’s courts that punish minor misdemeanor offenses, then collect the fines. More serious crimes are often handled by municipal court judges prosecuting serious misdemeanors and some felonies. A county or state circuit courthouse will prosecute even more serious crimes, using state statutes. Federal court districts, with prosecutors based in each, handle the federal crimes.

Cyber Crime Facts

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In the last two decades or so, the Internet has become increasingly popular for people of all ages. Young kids use it for games and schoolwork, teenagers use it for research and chatting, and adults use it for anything from forums to shopping to work. It is one of the most popular and easily accessible ways for people to meet and interact with one another all over the world. Unfortunately this also comes with the dangers of Internet crime, also commonly referred to as “cyber crime”. Cyber crimes can be broken into four major categories; crimes against people, property, busineses and government.

People

  • Cyber crimes against people include a variety of different offenses. Harassment is very common and easily done within a chat room or via email. This may include physical and sexual threats, name-calling and obscene language. The trafficking of sexually explicit material includes pornography of adults and children. In serious cases, the Internet is used to locate individuals, meet them in person and commit serious crimes such as rape or murder once the perpetrators are in contact with the victim.

Property

  • The most common form of cyber crime against a property involves the vandalism of computers. This most often comes in the form of transmitting viruses through websites, chat rooms, personal chats and emails. This is often done simply to destroy someone’s computer, or to gain private information such as codes, passwords and banking information.

Government

  • The most distinct type of crime against governments is cyberterrorism. Cyberterrorism is defined by the FBI as the premeditated, politically motivated attack against information, computer systems, computer programs and data which results in violence against noncombatant targets by sub-national groups or clandestine agents. This happens when a person or company is able to break into a military maintained website. The FBI considers these crimes very serious and are punishable by fines and imprisonment when perpetrators are brought to trial.

Sting Operations

  • The Federal Bureau of Investigation is committed to catching criminals associated with cyber crime. The FBI has set up numerous sting operations. Frequently, the investigation team poses as teenage girls looking for sexual adventure. Since 2003, the FBI has opened more than 90 successful task forces across the country.

Business

  • Cyberterrorism also affects businesses when perpetrators are able to hack into omputer systems. The crimes committed can range from destroying files and records to identity theft. Some criminals appear to be into cyberterrorism for the mere enjoyment of sabotaging a business, whereas others aim at transferring large sums of money into their own bank accounts, resulting in devastating financial loss.

Protect Yourself

  • Anybody who uses the Internet is at risk for becoming a victim of cyber crime. However, there are things you can do to help protect yourself. Do not engage in conversation with people you don’t know. People on the other end of the computer may not be who they claim to be. Keep your passwords protected and do not keep sensitive material on your computer. Make sure to keep a record of your personal business transactions, and if anything seems out of place or wrong, contact law enforcement immediately.

How to Press Criminal Charges

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A person who is not a law enforcement official or prosecutor may press criminal charges in two ways: through summoning the police to a crime scene and/or by filing a document called a “criminal information” at the local police station. A state or federal prosecutor may press charges using a grand jury. For a federal crime, you may have to press charges with the FBI.

Contact the police

  1. If you are the victim of a crime or a witness to a crime, dial 911 and tell the operator you need the police. Direct the police to where the alleged crime happened. Tell the police what you know. If you are the victim, tell the police you want to press charges.
  2. If the police do not act or if you have discovered the alleged crime after the fact (which is often the case in financial crime), then go to the police department headquarters and tell the desk sergeant that you want to press charges against someone for a crime. The desk sergeant, the person who tends the front desk of a police station, will fill out a form called a “criminal information” report. The criminal information document is a remnant of English common law that underlays much of state and local law in the U.S.
  3. The police will use the details on the criminal information report form to investigate the matter and make an arrest if appropriate. The prosecutor’s office will contact you if it needs you to testify or to provide more information to the court. If you are a victim of a crime, tell the prosecutor that you want to pursue the case and want to testify against the defendant.

How to Know if you Have a Cyber Stalker

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The age of technology has brought with it the age of cyber stalkers. Here are some of the warning signs of a cyber-stalker, so you can recognize them if you’re ever in this situation.

Instructions

  1. Frequent contact. One of the early warning signs of a potential cyber stalker is contact via email, instant messenger, or personal messages on forums, multiple times a day. If you start to feel overwhelmed with the number of times this person is contacting you, you need to stop and pay close attention to the messages themselves. They may be cyberstalking you.
  2. Unusual interest in you. While it’s common and normal to be curious about the people you meet online in forums or chatrooms, it’s NOT normal to be dogged with personal questions about where you live, what other forums you frequent, and what sort of work you do. Someone who asks several questions about your personal, private life, they are trying to get a glimpse of who you really are (as opposed to just a name on a computer monitor).
  3. They give you information about yourself that you didn’t give them. When a person online asks you about certain information about yourself that you know you didn’t give them, that’s a sure sign you’re being cyberstalked. They most likely attained this personal information by Googling your name to see what sort of information about you that they could glean from the internet. For instance, if they mention seeing a photo of you with your dog, and you know that that photo is on your Flickr account, they have been researching you. Also, if they mention seeing some work you’ve done online, and that work was done several years ago and you know it’s been archived, they are definitely searching to dig up information about you.
  4. They know where and when you’re online. A cyberstalker will keep up with your moves online. They might send you emails or private messages saying, “I know you were online because I saw some messages you left for others, but you didn’t answer my email.” They might also “conveniently” show up to chatrooms or message boards when you do. Most likely, this isn’t a coincidence. They may know your schedule or may have been waiting for you for hours.

How to Fix or Remove a Criminal Record

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Expungement is the process by which your police arrest and court conviction records are erased as if they never happened. Typically this is done for non-convictions, but in some states, under certain conditions, for certain crimes and after specified time frames, you can apply to get your record expunged. The courts are under no obligation to grant your request. Crimes that are ineligible for expungement may be eligible to be sealed.

Instructions

  1. Go to your local police station or a state police station and tell them you want your rap sheet. The police will fingerprint you and run your prints, then give you the rap sheet. It has all of your arrests and convictions, supervision, deferred sentences and probation from their jurisdiction. If you go to the state police station, it should show your record from every jurisdiction in the state.
  2. Contact your county court clerk’s office to find out if your convictions are eligible for expungement. Follow the process they give you and, if they are eligible, follow the instructions given to you by the clerk. It will entail, at the very least, completing forms, getting copies and forwarding them to the appropriate government entities, two of which will be the court that sentenced you, and your state police department.
  3. Ask your county court clerk if your convictions may be eligible to be sealed, if they aren’t eligible for expungement. In this case, law enforcement and certain other government entities can always get to your record, but it cannot be divulged to employers or potential employers. It also cannot be viewed by the public. The process is similar to expungement and many jurisdictions may use the same forms.

Examples of Cyber Crime

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Cyber crimes are criminal acts that use the computer or Internet. These types of crimes are prevalent in modern technological society and are becoming more high profile as a greater number of serious crimes are committed. The U.S. Department of Justice recognizes three types of cyber crimes: those that use the computer as a weapon; those that use the computer as an accessory to a crime; or those that make the computer a target of a crime. Most crimes are traditional in nature and use a computer or the Internet to break the law.

Illegal Gambling

  • Gambling is illegal in many U.S. states, and is prohibited online unless you are physically located in a state that allows it. However, the 2008 Internet Skill Game Licensing and Control Act was introduced to Congress and states that players may participate in skill games, such as mah jong and poker, but not in pure luck games. If the player is under the age of 21, he cannot legally gamble in any state. Games that involve monetary transactions, such as transfers to and from credit cards and bank accounts, are considered illegal, so gamblers cannot legally collect their winnings.

Identify Theft

  • Some criminals use the Internet to break into victims’ online financial accounts, taking passwords, money and sensitive information. Others create online centers for trafficking stolen identity information. With more and more people conducting business online and using the Internet to pay bills, the number of identify theft victims has risen. People that use birthdays, their children’s names and pet names as passwords are typically more at risk for identity theft.

Storing Illegal Information

  • Criminals and pedophiles often use the Internet to obtain and transfer illegal images, such as child pornography. Even storing or saving these types of images on a computer is illegal. Other criminals use their computer databases to store illegal information, including confidential intellectual property.

Computer Viruses

  • Computer hackers are digital age criminals that can bring down large infrastructures with a single keystroke emitting a computer virus. These types of viruses are macro or binary. Macro viruses attack a specific program, while binary viruses attack data or attach to program files. Hacking into a business’s intranet and uploading viruses to the code are examples of these types of crimes. Private citizens are targets of computer viruses when visiting websites with encrypted viruses or opening emails infected with viruses. One of the most famous computer viruses is the Trojan virus.

Fraud

  • In the digital age, many criminals easily commit fraud against unsuspecting victims by misrepresenting the facts. For example, an employee intentionally inputs false information into the company database or intranet. Or consider the “Nigerian prince email,” where an online predator attempts to steal money from targeted consumers by gaining access to a shared bank account.

How to Become a Criminal Psychologist

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When a judge questions the sanity of a criminal defendant, the next step might be a psychological evaluation. A criminal psychologist — more correctly called a forensic psychologist — is an expert not only in matters of the mind, but also in the application of psychological knowledge to legal matters. You’ll need considerable time and education to become a forensic psychologist.

Useful Skills and Characteristics

  • Psychologists should be keen observers of human behavior, and able to analyze a person’s expressions, body language and interactions with others. Patience is required to deal with individuals who have mental or emotional problems. Communication and people skills are important to build rapport and to interact with many different people in the legal system. Forensic psychologist Karen Franklin notes in an October 2010 article in “Psychology Today” that other requirements include critical thinking skills, knowledge of social and cultural issues, legal knowledge and strong writing skills. She adds that the ability to remain calm in stressful situations is also useful.

The Beginning

  • The first step in becoming a forensic psychologist is to become a psychologist. You’ll need a bachelor’s degree, preferably in psychology or a related discipline, and in most cases, a doctorate. The Society for Criminal and Police Psychology notes that a doctorate in clinical or counseling psychology is the best choice for forensic psychology. Of the two, SCPP says clinical psychology will probably offer the best preparation for this career, as much of what a forensic psychologist does is a form of clinical work. The SCPP notes, however, that forensic psychologists who specialize in research are more likely to be industrial-organizational or social psychologists. Some forensic psychologists actually begin their careers as police officers before returning to school.

Specialized Education

  • Although the U.S. has a limited number of forensic psychology programs, the American Psychological-Law Society notes that the programs available in 2011 included masters-level programs, Ph.D. and Doctor of Psychology programs, and joint programs that confer both a doctorate in psychology and a law degree. If you are unable to attend a specialized program, the SCPP recommends you look for other opportunities to obtain forensic experience. A clinical internship or even volunteer experience in a forensic setting can help you prepare. Specialized training and continuing education courses can also help increase your knowledge in the field.

Licensing and Certification

  • In addition to your doctorate, you will need a license to practice clinical psychology, according to the U.S. Bureau of Labor Statistics. You must complete a supervised clinical experience, internship or residency to meet the requirements for licensure. The BLS notes that you may need one to two years of supervised experience to become licensed. If you choose the Ph.D./J.D. option, you might also need to pass the bar examination. Although it is not required, you might choose to become certified. The American Board of Professional Psychology offers certification in forensic psychology as well as other specialties.

Laws for Cyber Crime

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Since the rise of computer technology throughout the United States, a number of crimes using the technology place challenges on law enforcement. Known popularly as cyber crimes, these offenses required additional laws to help investigators with enforcement. Most of these laws were passed in the early part of the 21st century and address specific violations against consumers and vulnerable individuals as well as national security.

Fraud

  • According to Title 18 of the U.S. Code, a number of laws exist that relate to fraud with computer use. These laws mandate the correct procedures and activities available to federal law enforcement in these cyber crime cases.

Child Exploitation

  • In 2003, the PROTECT Act was passed with the intent of protecting children. The law includes provisions used to prosecute the exploitation of children on the Internet and computers.

Homeland Security

  • Amendments to the Homeland Security Act of 2002 detail the levels of security needed to enhance cyber security within the U.S. This law defines the parameters of sentencing and enforcement action the federal government can take to protect America.

Spam

  • In an effort to restrict the amount of commercial email, the Anti-Spam Act was passed by Congress in 2003. The cyber crime law also allows Internet providers to make assessments about excessive email traffic.

ID Theft

  • ID theft was addressed in the Identify Theft Enforcement and Restitution Act of 2008, signed by President George W. Bush shortly before he left office. This allows prosecutors to press charges against criminals for damages as low as $5,000.

How to Become a Criminal Lawyer

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Medicine and law are the two professions most people think of when asked to name a successful career choice. Of those who choose the legal profession, many find that becoming a criminal lawyer is the most challenging option, as well as the most rewarding. Being a criminal lawyer also opens the path to a number of future career options, which include defending criminals, prosecuting them or even becoming a judge.

Instructions

  1. Develop good study habits at an early age. The admission exams for most law schools also include a look at your grades going as far back as high school. Poor study habits will reflect negatively on your admission into a top-quality law school. A good general education at the high-school level is sufficient, as long as your grades are good. You may wish to take some extra courses in social studies and public speaking, if they are offered, since this will help you accumulate knowledge and skills that will be useful to you later.
  2. Obtain funding to attend a 4-year university. Grants and student loans are the primary method of funding for most universities. You will need to complete 4 years of college and earn a bachelor’s degree before you can apply to law school. It does not particularly matter what course of study your degree is in, although a degree in criminal justice will be most in tune with the career path of becoming a criminal lawyer.
  3. Take the Law School Admissions Test, or LSAT. The LSAT is given four times per year at hundreds of locations across North America. The test is divided into five 35-minute sessions, with each designed to test your aptitude for practicing law. The LSAT exam is used as a benchmark by law schools that are members of the LSAC, by most law schools in Canada and by a number of law schools that have not yet been approved by the ABA. Find out when and where the test will be given by following the LSAT link in the Resources section.
  4. Apply to law school. Be prepared to apply to several schools before you are accepted to one. The legal profession is always in demand, and class sizes are limited. Make sure the school you ultimately select is accredited by the American Bar Association. More information about accredited schools can be found on the ABA website, which is listed in the Resources section.
  5. Complete law school. After selecting a school, you will need to complete 3 years of study. At the end of this period, you will have a law degree. In most cases, you still cannot work as an attorney at this stage, but you can gain experience by working as a paralegal in a criminal lawyer’s office while you wait to take the bar exam.
  6. Pass the state bar exam. Each state has its own exam. You will need to pass this exam in the state(s) where you intend to practice law. The bar exam is often described as being the hardest test you will ever take, and many people have to take the exam several times before they receive a passing grade. After passing this exam, you will receive a license to practice law, and can begin to practice criminal law in that state.

Cyber-Bullying Laws in Texas

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Bullying in schools is a problem that has confronted children and teenagers for centuries. However, with the development of the Internet and social networking websites, kids can now insult and embarrass their peers on web pages. To prevent damage caused by Internet harassment, Texas has established and implemented laws that prohibit and punish various forms of cyber-bullying.

Commiting Fraud

  • According to Texas law, under House Bill 2003, it is illegal for a person to commit fraud by using the name, identity or persona of another individual to create a web page or to post one or more messages on a social networking website. Thus, a person cannot pretend to be someone else to post messages that would be embarrassing or otherwise detrimental to the other person. To convict someone under this law, the prosecution must prove that the offender posted the website or messages that defrauded the victim without permission and with the intent of committing fraud.

Harming Others

  • Many bullies use the Internet to repeatedly and mercilessly harass and antagonize other kids at their school and this abuse can have devastating effects on the victims. To prevent this, the Texas House Bill 2003 has a provision asserting that it is illegal to harass another person on the Internet or other communication devices. Thus, people in Texas are prohibited from using the Internet and other communication methods to reference another person’s name, phone number or domain address for the specific purpose of harming, embarrassing or intimidating that person.

    (CE: See References 1 and 2)

Applications of Law

  • With new technologies constantly emerging, bullies continue to find ways to manipulate these technologies for the destructive purpose of harming others. Thus, the Internet harassment law does not only apply to social networking websites, such as Facebook and Myspace, but many other mediums of communication, as well, including e-mail, instant messages and text messages. In Texas, if someone uses any of these communication methods with the intent of defrauding or harming another person, it is a punishable offense.

    (CE: See References 1 and 2)

Penalty

  • There are a wide range of penalties that can result from cyber-bullying in Texas. According to the bill, the punishments can range from a Class A Misdemeanor to a 3rd degree felony. The specific crime, the extent of the offense and the criminal history of the offender are generally taken into consideration to determine whether the Internet harassment transgression qualifies as a misdemeanor or as a felony. In Texas, the penalties for a person convicted of a misdemeanor violation of the bill is likely to include fines and perhaps community service, while a person convicted of a 3rd degree felony for cyber-bullying or Internet harassment can receive 2 to 10 years in prison.

How to Get a Criminal Background Check on Yourself

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Running a criminal-background check on yourself is an easy way to learn what your official record looks like. You can obtain the background on your own or—if you don’t want the hassle—use an online service for a fee. Since you know your past and your personal information, including any information that was expunged from your record, getting an accurate and complete record can be done without outside help.

Checking Your Criminal Record

  1. Assemble all information that you have not committed to memory. Have everything available to give to the agency you will be getting the information from. If you want or need an official record that is stamped with the state’s or county’s official seal, you will have to obtain the background yourself and not through an online service.
  2. Contact your local agencies. The best source of a complete criminal background check is the Department of Justice for your state. If you have a criminal record in multiple states, you will need to contact each state’s Department of Justice. You can also get a copy of your criminal record from the court where your case(s) went to court. For example if your criminal record is in San Diego, California, contact the California Department of Justice and the specific courthouse in San Diego where your case went to court. If you have multiple cases throughout the state, the Department of Justice will have all of that information.
  3. Follow each agency’s procedure to get the information. You might have to submit to fingerprinting. Live-scan fingerprinting is available at multiple locations in each state, and that state’s Department of Justice can give you a list of locations. Once the state agency receives your prints and other vital information, it will cross-reference the state’s data base to check for any record. You will have to pay a fee for getting your record and for the fingerprinting, usually $25.
  4. Contact the court. If the Department of Justice does not have the information you are looking for, contact the records department of the court where your case or cases were decided. Sometimes the state does not have the information because the court has not provided it. You will need your name, birthdate and valid identification. The court will let you copy documents from the court file. Bring money and change to pay for the copies. If you need an offical copy of something, expect to pay at least $15 per copy.

Online Training in Cyber Security

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Cyber security professionals maintain the privacy and safety of information systems and computer networks, both online and offline. Online cyber security training is available from a variety of private and governmental institutions.

Texas A&M Extension

  • Texas A&M Engineering Extension Service offers several online cyber security courses designed for both nontechnical business managers and technical professionals alike. The courses include Cyber Security for Everyone, Cyber Law and White Collar Crime and Information Risk Management. These courses are free of charge and lead to certification in cyber security. They are funded and certified by Department of Homeland Security and the Federal Emergency Management Agency.

Walden University

  • Walden University offers online training that leads to a Bachelor of Science in Computer Information Systems. This degree has a specialization in Cyber Security for Information Systems.

Virginia College

  • Virginia College offers online training leading to a master’s degree in Cyber Security. This course provides in-depth study of cyber law, computer security and cyber terrorism. This program provides a student with a strong foundation in the areas of cryptology, forensics and intruder detection.

How to Conduct Criminal Investigations

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Criminal investigators gather facts and examine evidence of crimes committed at local, state and federal levels. The United States FDA Investigations Operations Manual reports that the purpose of the criminal investigation is to obtain information, document the facts and report the results for possible prosecution. In order to perform an effective criminal investigation, you must know the basic guidelines of the investigative process. While types of criminal cases may vary, the following procedures can be followed to help the prosecution prove the case beyond a reasonable doubt.

Gather Evidence

  1. Identify and locate suspects and perform criminal records queries on all targets of the investigation. After you identify a suspect, create an investigative strategy to prove the case.
  2. Collect all important evidence regarding the suspect’s culpability. Use this evidence to develop a timeline of the alleged crime.
  3. Make sure that all evidence follows the proper chain-of-custody requirements. Physical evidence such as fingerprints or blood samples should be immediately packaged, sealed and delivered to an evidence custodian.

Interview Witnesses

  1. Interview anyone who has direct knowledge regarding the alleged crime.
  2. Take detailed notes during the interview.
  3. Avoid leading questions. Use free narrative to allow the interviewee to provide an account of the incident without prompting.

Perform Surveillance

  1. Monitor the suspect through visual surveillance or with assistance from court-authorized wiretaps.
  2. Take notes regarding the suspects’ activities, including time, date and location.
  3. Have surveillance team members provide reports of what they observed during the surveillance.

Interview Suspect

  1. Read the suspect the legally required Miranda writes prior to questioning.
  2. Establish a rapport with the suspect, so that a sense of trust can be developed. In many instances, this could help lead to a confession.
  3. Obtain a signed, sworn statement if the suspect confesses.

Write the Report

  1. Document all investigative research performed, evidence obtained along with witness and suspect interviews.
  2. Proofread the report for accuracy prior to submitting it to the prosecuting attorney.
  3. Report the facts of the investigation and do not elaborate or make any conclusions yourself. Don’t use conjecture.

Testify in Court

  1. Take the time to reacquaint yourself with the facts of the case prior to trial. Study all of your investigative reports and know the chronological order of events.
  2. Remain calm and don’t lose your cool during cross examination on the witness stand.
  3. Listen carefully before you answer any questions and speak slowly. Always answer questions honestly and with sincerity. Make eye contact with members of the jury.

How Does International Crime Affect Local Criminal Justice Systems?

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For decades, globalizing trends have enabled goods, services and investment capital to move around the world, drawing separate nations closer and creating a smaller world that, to some extent, has rendered geographic and other divisions less relevant. International crime has come to represent the dark side of globalization. Actions of criminal organizations in one part of the world now freely affect other parts, posing new challenges to local criminal justice systems that traditionally have operated within geographically defined jurisdictional limits.

Function

  • Traditionally, local criminal justice systems enforced the laws and arrested, prosecuted and incarcerated offenders within their jurisdictions. Under this traditional notion of criminal justice, the Los Angeles Police Department and other authorities sought to control Los Angeles crime. The rise of international crime, however, means that, for example, cyber criminals in other cities, states and nations can steal the identities of Los Angeles citizens without setting foot in the city itself. In addition, criminal gangs in Los Angeles could form alliances with crime organizations in other countries.

Significance

  • International crime–such as counterfeiting, human trafficking, drug smuggling, money laundering and computer crimes–does not respect geographic borders. Violence between rival Mexican drug cartels, for example, has spilled over into Texas, involving local authorities in that state. This and other examples demonstrate the need for greater cooperation and coordination among local criminal justice systems, as well as state and national law enforcement authorities. Increasingly, global crime organizations have formed alliances that cross national borders. Examples include alliances between the Russian Mafia and emerging criminal organizations in eastern Europe and other parts of the world.

Expert Insight

  • British journalist Misha Glenny, author of the 2008 book, “McMafia,” about global organized crime, observed the need for greater cooperation in order for local criminal justice systems to succeed in fighting these powerful, multinational crime cartels. In addition, local officials must acquire greater knowledge and awareness of events around the world. Glenny asked rhetorically what police in the London suburb of Woking, for example, could be expected to know about political, social and criminal problems in the Caucasus region.

Warning

  • Reports of weapons smuggling by international crime organizations pose an additional challenge to local criminal justice systems, requiring them to assume roles in the larger issue of homeland security. Writing about global criminal enterprises, authors Louise Shelley, John Picarelli and Chris Corpora reported that Italian authorities arrested members of a Russian and Ukrainian network that smuggled weapons, including assault rifles and missiles, to the Balkans and to rebels in Africa. It is reasonable to believe that international criminal organizations could supply weapons to international terrorists, who then could use them to attack the United States and other nations.

Prevention/Solution

  • Because the growth and power of global criminal organizations has taken crime to an international scale, an international response is required. This means local criminal justice systems must beef up their intelligence-gathering and enforcement capabilities and be willing to share information with other agencies, both domestically and in other nations. It also requires criminal justice officials to think beyond issues of law enforcement to consider economic, political and national security concerns. The sophistication of transnational criminal gangs requires local criminal justice authorities to enhance their capacities, recruiting experts in computer security and other specialties.

How to Pay an Immigration Bail Bond at the Federal Building

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The U.S. Department of Immigration and Customs Enforcement (ICE) detains aliens or non-U.S. citizens who are suspected of immigration violations. An Immigration Court judge will probably review the detainee’s case. If eligible, a detainee might be temporarily released from custody by posting a bail bond. Bonds are forfeited if detainees fail to attend court hearings.

Instructions

  1. Determine if the alien can be bonded out of jail and the bond amount. The severity of the violation will impact whether the alien qualifies for temporary release.
  2. Gather money to satisfy the bond amount–usually as a money order or cashier’s check, but cash and U.S. treasury notes or bonds are accepted. You must pay the U.S. Citizenship and Immigration Services (USCIS), which used to be called Immigration and Naturalization Services (INS). If the alien must post $10,000, then the full amount must be given to USCIS before the alien is released.
  3. Post a bond at a valid location. Federal buildings usually restrict bond posting hours to 8 a.m.-3 p.m. during weekdays. However, some federal buildings do not accept bond payment. For instance, in Massachusetts, you cannot pay a bond at the JFK Federal Building in Boston but must travel to Burlington, Massachusetts.
  4. Disclose information about the alien such as the location, Alien or A number, date and country of birth. You usually must describe the relationship between you and the alien–friend, family member. Remember that you are declaring under oath that the information is correct.
  5. Request a release of the bond after the alien has completed all conditions and the proceedings are terminated. The bond money will not be returned if the alien flees and fails to attend his hearing.

How to Legally Immigrate To America

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There are more than 35 million legal and illegal immigrants in the United States. Staunch opponents of illegal immigration sometimes tell foreigners to “get in line” before coming to America for work. Most of the people spend years (even decades) to finally arrive in the United States. Check out the different processes to legally immigrate to the USA.

Instructions

  1. Relationship to a US Citizen

    If you have a family in the United States, then you have found the easiest way to become an American. If your relative (your parent, child or spouse) is a US Citizen, then you can get a Green Card very easily as soon as your petition is approved by the USCIS (U.S. Citizenship and Immigration Services). You can become an American citizen after holding the Green Card status for 5 years (3 years in case of Spouse of US Citizen). You will just need to pass the language and civics test. The total time to become a US Citizen is 6 to 7 years in this case.

  2. Relationship to Permanent Resident

    Spouse and Children of a Lawful Permanent Resident (LPR) can immigrate to USA. However, the wait time depends on your home country. Total time to immigrate and become an American citizen is about 13 years for the spouse and minor children of a LPR.

  3. Skilled Laborers and Professionals

    If you have a college degree with some specialization either from USA or outside country, try to find a good job in the US. In this case, if you have a job offer and if your employer is willing to pay about $8000 to $10000 of legal fees to prove that you have special skills, then you can live and work in USA on a non immigrant US Visa (H1-B visa). It will take 5 to 6 years to get a Green Card and another 5 years more to get US Citizenship.

How Does Immigration Sponsorship Work?

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What is Immigration Sponsorship?

  • A person interested in immigrating to the United States on a temporary or permanent basis may require a sponsor in order for visa approval. This sponsor can take the form of an individual (common in family cases) or a corporation (used for employee visas).

    The sponsor acts as a “guarantor,” vouching for the foreign party’s good behavior, financial viability and honest intentions while on American soil. For this reason, the United States State Department has guidelines and requirements that a sponsor must fulfill, as well as payment of fees, in order to qualify.

Sponsorship for Family Immigration

  • A family sponsor must be a United States citizen or Green Card holder. There are two classes of relation which play a large part in dictating the waiting period for immigration.

    Immediate relatives include a spouse, unmarried child under 21 years old, or parent. This class is the one used for adoptions or marriage to a foreign citizen. Non-immediate relatives include siblings, married children and children over 21. There is a longer waiting period for non-immediate family processing.

    In the case of grandparents, cousins, aunts and uncles, there is no sponsorship option available by a citizen.

    In all cases, the sponsor must prove viable income, vouch for the immigrant’s reputation and be the government’s “link” to the foreign citizen. Since the process of immigration can take several years, the relationship must be stable and tangible enough to be proven in a court of law by documentation, sharing of expenses and other verification methods.

Business Sponsorships

  • John J. Gallini, a writer for business law firm Morse, Barnes-Brown and Pendleton, notes that business sponsorship can be time-consuming and costly. To sponsor, a company must show proof that the individual has full-time employment, and that they’ll be paying a living, average wage for the task. There are not only forms guaranteeing the traveler’s viability, but also agreements reached regarding payment of the sometimes high fees connected with sponsorship.

    Gallini states, “Filing fees for an initial H-1B sponsorship can be as high as $2,190. In the immigrant visa (Green Card) sponsorship process total costs can easily exceed $10,000, due to recruitment costs and CIS filing fees (particularly where additional family members are included).” Salary for H-1B visa holders must be calculated after subtracting costs for legal counsel (if any); in addition, “the [Citizenship and Immigration Service (CIS)] rules state that the company must pay the H-1B user fees (either $750 or $1,500 depending on company size) and H-1B filing fees ($190).”

    It’s important to hash out guidelines before anything is done. How long will the employee have to work for the company before Green Card sponsorship? The expense of taking the next step requires that all parties be in agreement pertaining to performance and expectations.

How Does Immigration Affect the United States?

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Immigration has risen in the United States and is at its highest since the 1930s. It is a hotly debated political issue, and according to Federal Reserve economist Madeline Zavodny, its effect is not what many believe.

Government Budgets

  • Instead of being a drain on governments, Zavodny says that immigrants pay more in taxes than they use in services, and that they add $10 billion a year more to state and federal budgets than is spent on them. However, illegal immigrants use more state and local services than they pay for in taxes, according to the Congressional budget office. Immigrants can raise public education costs and impose substantial costs on places that attract a lot of immigrants, like California.

Jobs

  • There is a consensus among economists that immigrants do not affect unemployment or wages very much, except for low-skilled workers. Negative effects of immigrants on jobs are limited to those workers with less than a high school education.

Health Care

  • According to, the Center for Immigration Studies, the increase in the number of people without health insurance since 1989 has been driven by immigrants. This strains the resources of those who provide medical care to the uninsured, and raises insurance premiums for people who have insurance.

How to Start an Immigration Service

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For many potential immigrants to the United States, the immigration process can seem daunting, particularly, if they do not have a good command of the English language. Many cannot afford to consult an attorney, but could benefit from reasonably-priced assistance with their applications to the United States Citizenship and Immigration Services. If you do not plan on having a state bar certified attorney on staff, you may not give legal advice to clients, but you may offer assistance with application completion and processing. This can be a sound and lucrative business for a paralegal with immigration experience, especially one with multilingual skills– providing the right business location is selected.

Instructions

  1. Decide what structure your business will have and complete the necessary paperwork to gain state and local business licences and IRS business status.
  2. Develop a comprehensive business plan, stating what specific immigration services you will provide, and identifying your target market. You will require a solid business plan if you hope to receive business start-up loans and grants. The Small Business Administration is a good resource for entrepreneurs looking to start a business.
  3. Familiarize yourself with all aspects of immigration law and keep up-to-date with the regular changes in immigration requirements of the United States Citizenship and Immigration Services. You will also need to be familiar with the Homeland Security Act of 2002, and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. If you have not had experience working for an immigration attorney, it would be a good idea to seek some specialist paralegal training. Obtaining an associate’s degree in paralegal studies or a paralegal certification would help give credibility to your professionalism.
  4. Create a disclaimer that absolves your business from responsibility for the outcome of your clients’ immigration applications. You must ensure that your clients are aware that your assistance does not guarantee them a successful outcome and that you are not providing them with legal advice specific to their circumstances.
  5. Seek a suitable location for your business. Locate areas with high populations of immigrants. If you speak languages other than English, find neighborhoods with a high density of speakers in that language.
  6. Find inexpensive and target-specific ways to advertise your services. Use in local publications that are aimed at your target market. Find community groups who issue newsletters and buy space in their newsletters. Have a simple Web site built for your business and take part in online social networking sites. Join the local Chamber of Commerce and other associations that will enable you to network.

Questions & Answers About Immigration in the 1800s

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Europeans coming to the United States made up 80 percent of all 19th century immigrants, with the remainder arriving from Asia, Mexico and Canada. They came in two distinct waves, from 1845 to 1860 and 1880 to 1910. Most came seeking economic opportunities or to join family already living in America, but many Eastern Europeans fled their homes to escape political and religious persecution.

Which Nationality Immigrated the Most?

  • About 2.5 million Irish people came to the United States, second only to the 3 million German immigrants. Nearly two-thirds of Irish immigrants came during the potato famine of 1846-1855, while the Germans arrived in more sporadic bursts, though 80 percent of them arrived after 1850. The biggest surge in German immigration came between 1881-1885, when more than a million people came to America, mostly German Jews escaping religious intolerance.

When Was Forced Labor Banned?

  • It became illegal to import slaves after 1808, the first year the U.S. Constitution allowed an end to the slave trade. This led to an increase in indentured servants, a practice not banned until 1868.

How Were Immigrants Processed?

  • Until 1855, immigrants were not processed. After arriving in America, they were allowed to settle as they pleased. That changed in 1855 when the federal government opened Castle Garden, a converted fort, on the southern tip of Manhattan. While an exact number is not known, it is estimated that Castle Garden processed between 8-12 million European immigrants before it was closed in 1892, the year the Ellis Island Immigrant Station opened. Fully 70 percent of all immigrants entering the United States between 1892 and 1954 were processed at Ellis Island.

    Immigrants not arriving at Castle Garden were often registered by state officials, until a Supreme Court decision in 1875 made it the federal government’s responsibility. By 1891, the U.S. government had completely taken over inspecting and processing immigrants.

What Restrictions Were Placed on Immigration?

  • Ellis Island rejected only 2 percent of those applying for admission to the United States. They were denied for reasons of physical or mental health. The federal government developed strict restrictions regarding Chinese immigrants, however. After nearly 300,000 Chinese people arrived in the western United States following the Burlingame Act of 1868 encouraging Chinese immigration, Congress passed the Chinese Exclusion Act of 1882. This temporary act banned all immigration from China. Made a permanent act in 1904, it was repealed in 1943 to appease China, a U.S. ally during World War II.

    Beginning in 1885, Congress passed a series of Alien Contract Labor Laws prohibiting immigrants from coming to the country with a job already waiting for them. Exceptions were made for the arts and academics.

Where Did Immigrants Settle?

  • German immigrants, most of them skilled laborers or farmers, mostly settled in the Midwest, though they also established large communities in rural New York and Pennsylvania. Scandinavian immigrants headed for the upper Midwest, while French Canadians relocated to New England. Irish immigrants took to New England and the Great Lakes region. Chinese settlers remained on the West Coast, while Mexicans journeyed throughout the Southwest. Slavs and Poles turned to urban centers in search of manufacturing jobs. Italian and Jewish immigrants stayed largely in big cities.

Copyright Laws on Internet Images

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Internet images are afforded the same copyright protections as images that appear elsewhere in the world, including photos, paintings and drawings. The biggest difference is that on the Internet, images are easy to copy and distribute, whether the person who created the image wants you to or not.

Creating a Copyright Image for the Internet

  • As soon as an image—such as a photograph, a sketch or an animated graphic—is created, it is considered a copyright work. The artist, or the person or organization that commissioned the image, may place a copyright mark (a c in a circle) on or near the image to indicate it is a copyright work. It is, however, difficult to prove copyright ownership without registering the image with the U.S. Copyright Office.

Length, or Term, of Copyright

  • If the owner of the copyright is the person who created the image, the image is copyrighted for 70 years after her death. If the image was commissioned by an individual or an organization, it is copyrighted for 95 years after it was first published, or 120 years after it was created, whichever comes first.

Use of Copyright Images on the Internet

  • The copyright owner may choose from a variety of options when placing an image on the Internet. He may decide to fully protect his copyright using the language “all rights reserved” near the copyright notice. He may decide to distribute the image under one of over a dozen Creative Commons licenses, which dictate the terms for sharing images, altering them, commercial use and more.

    He may give up copyright entirely and freely distribute the image for reuse in the public domain. If copyright is surrendered, another individual may not file a copyright application on the image. He may also elect to distribute the image via one of many stock photo sites on the Internet (see Resource), some of which pay a nominal fee to the creator if an image is purchased.

Registering a Copyright Online

  • To register a copyright online, visit the electronic Copyright Office (eCO) section of Copyright.gov, file the appropriate fee and upload the image in a common digital format, such as jpg, gif or png.

Registering a Copyright by Mail

  • To register an image by mail, fill out Form VA or its replacement, fill-in Form CO, and send the appropriate fee with two copies of the image to:

    Library of Congress
    Copyright Office
    101 Independence Ave., SE
    Washington, D.C. 20559-6000

Government Images

  • Copyright protections do not apply to the U.S. government. Images on the Internet from the government may be freely used and redistributed.

Internet Copyright Laws

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The Internet is a wide-open source of information, for everything from entertainment and communications to science and geographical space. There is a not-so-hidden line drawn in the sand between what is fair use of intellectual property and what is not, and many online users of information often cross that line and believe they’ve not broken the laws pertaining to copyright. This myth can easily be dispelled.

Lack of a Copyright Notice

  • Do you believe that if a work of intellectual property has no © — copyright notice and year of publication, it is in the public domain and free to use without permission? If so, that is erroneous information. The right to that work is not only protected nationally, it is protected internationally because of rules and laws set up by the Berne Convention in 1886 on copyright protections. All users of works on the Internet must presume the work is protected unless otherwise specified by the author.

Public Domain

  • Some works online are available for public use, or in the public “domain.” That doesn’t mean the owner doesn’t own it, it means that anyone who wants to use it can use it without giving credit to the author or owner. The courteous thing to do is still to give credit where credit is due regardless. It’s not hard to get permission to use copyrighted work—just contact the owner and tell them who you are and what you want to use it for. Some consider it an honor and respect you for being conscientious enough to ask. It also saves a world of paperwork headaches and legal nightmares later.

Electronic and Digital Works

  • Everything on the Internet is considered electronic media or digital works. Those works are protected by copyright law even if they are transferred to hard copy by scanning and printing them out; or whether they are just copied and pasted digitally from one web site to another. Electronic mail (email) can’t even be posted without the owner’s consent. A user may refer to information in the email and say who sent it and why, but they can’t post it verbatim without the originator’s permission. Violations, of course, happen

Copywrong: The US and the Berne Convention

  • On September 26, 2008, the United States Senate passed Senate Bill 2913, called The Shawn Bentley Orphan Works Act of 2008. The House of Representatives also introduced Bill No 5889. Both versions of the Bills can become law, but some international forces are attempting to keep the Orphan Works Act from becoming law because it fails to include a “Notice of Use” clause that requires users of works whose authors or creators are unknown to file a notice stating that they are going to use a creative work that does not appear to have a copyright claim or known author. According to the “Letter to the Prime Minister” of London website (lettertothepm.co.uk/violation_berne_copyright_convention.htm), the Senate bill does not define what an “orphaned work” is and what criteria a user must meet to make certain the guidelines for orphaned work are met.

Copyright Infringement

  • According to Thomas G. Field Jr. of Pierce Law, copyright is the right to exclude, not to publish. It “gives authors, artists and others the right to exclude others from using their works. Federal rights arise automatically when a protectable work has been fixed in a tangible medium such as a floppy disk or hard drive. A poem or picture is as much protected on a disk as on a piece of paper or canvas.” U.S. copyright owners are required to register their copyright protections, but they don’t have to give notice. Foreign owners do not need to register their works nor give notice that that are owned. The underlying presumption and theory is that if you didn’t create it yourself, it’s not yours to use without authorization from the creator or owner.

Copyright Laws for Internet Radio

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There are three main laws affecting Internet radio: the Digital Millennium Copyright Act and two major decisions by the Copyright Royalty Board. These legal decisions primarily focus on copyright and royalties. The artists and the publishing companies want payment for the streaming of creative works, and Internet radio companies want to pay as little as possible to stream the music. These laws dictate the conditions under which Internet radio stations can stream music.

Digital Millenium Copyright Act

  • The Digital Millennium Copyright Act treats traditional radio stations and Internet radio stations differently. According to the act, Internet radio stations must pay performance royalties and publishing royalties. Traditional radio stations pay only publishing royalties.

Copyright Royalty Board, 2007

  • In 2007, the Copyright Royalty Board, a federal board made up of three copyright royalty judges, decided that Internet radio companies must pay $500 per station as a flat fee. This rate was negotiated to include a $50,000 cap per company. The fee is paid in conjunction with the per-song royalty fees.

Copyright Royalty Board, 2009

  • In 2009, the Copyright Royalty Board made another decision that affected Internet radio companies. It said it would charge royalty fees to the companies depending on revenue. This is the most current legal model for charging Internet radio stations.

State & Federal Laws for Internet Privacy & Safety

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States and the federal government have laws that protect individuals’ privacy and safety on the Internet. Some of these laws are designed to protect private information that a person does not wish to disclose to anyone else. Other laws are designed to protect information that is disclosed only to a website but not intended to be distributed to third parties.

Public Disclosure of Private Facts

  • A state may punish an Internet user for “public disclosure of private facts”. This occurs when someone has disclosed private information about another person in a manner that a reasonable person would consider to be objectionable. For example, if a person were to hack into the computer files of another person and publish them on the Internet for everyone to see, then the hacker could be found liable for disclosing these facts. However, if the information is of public interest or was obtained from a public figure (i.e. politician), then the person suing must prove the information was false and the defendant knew it was false or recklessly disregarded the truth.

Intrusion Upon Seclusion

  • A state also may punish an Internet user for intrusion upon seclusion. This occurs when someone has infringed upon the privacy of an individual in a manner that a reasonable person would consider objectionable. For example, if a person secretly installed a video camera inside someone else’s home without the owners’ permission so he could look inside. That person would be liable under this law. As with public disclosure of private facts, a person suing must in certain circumstances show with sufficient proof that the information was false and that the defendant knew it was false or recklessly disregarded the truth.

Privacy Policy

  • If a website has a privacy policy, then it must abide by three rules in dealing with user information. First, it must reveal what information the website can gather from the user. Second, it must correctly and completely reveal the information it gathers, and third, it must show how it handles such information. As of September 2009, the federal government has no law that requires websites to have privacy policies, but some states, such as California, do.

COPPA

  • In order to protect children, Congress has passed the “Children’s Online Privacy Protection Act.” Under this law, websites are prohibited from collecting information from persons under 18 that could personally identify them without parental consent. Furthermore, under this law, parents can have the option of letting their children use the website without having to disclose the children’s information.

Child Porn

  • States and the federal government may regulate certain types of child pornography. In Aschroft v. Free Speech Coalition (2002), the U.S. Supreme Court ruled that virtual depictions of underage persons engaging in sexual conduct on the internet is free speech protected under the First Amendment to the U.S. Constitution. However, the visual depictions of underage persons engaging in sexual conduct is not considered protected speech and may be prohibited by the government. In response to this ruling, Congress passed the “Protect Act”, which prohibited the possession and/or production of child porn, as well as the “pandering” of such material. For example, a person who tells another in a chat room that he has child porn and wants to sell it may be prosecuted under the law. The Supreme Court upheld this law in 2008.

How to Create a Local Magazine

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Local magazines are sprouting up in every small town and large city. If you have a group of talented people to design your magazine and the business sense to keep ads sale high, you could make a successful business venture with a local magazine.

Instructions

  1. Check your local government guidelines for exactly which business licenses you need. Evenly freely distributed magazines charge money for ads and are businesses. You cannot operate a business without a license.
  2. Outline every possible detail of your magazine. Write down your title, subtitle, theme, tone and names or ideas for each section. Write a list of words that describes your target audience. Be sure you have a good idea of what kinds of articles you do and not want to include. All these things make sure you stay on track for the magazine your start and do not confuse your audience. Post these where you and your staff can always see them to stay on track.
  3. Decide how often your magazine will come out and how many people you need to help write and edit. Establish your staff so each person knows exactly which articles and sections they are responsible for each week, month, or season.
  4. Find your printer. Check prices with all local printers. Many large newspapers offer outside printing services. Decide whether you want a glossy cover or plain newsprint, glossy pages or lightweight pages, and how large your magazine will be. Check prices and availability for all paper types and decide what you can afford.
  5. When you choose your printer, get a print schedule from them. They have set projects which print every month. They will tell you what days your project will print on and which days your material is due to them. This schedule is not flexible.
  6. The printer will also give you printing specs. These are guidelines for exactly how wide and tall each page of the magazine can be and where the margins fall. If you place material outside these measurements it will be cut in printing.
  7. Set your publication schedule. Your final deadlines to have material finished should be at least two days before the print deadline. Set a deadline for each portion of the magazine to be completed before your final deadlines.
  8. Research your ad market. Without advertising you cannot publish your magazine at a profit. Pull as many local publications as are available and find out how much each ad size costs.
  9. Develop your ad rates. Decide how much you need to charge for each size ad. Also consider ad placement. Inside covers, the back cover and color ads should all cost more than regular ads inside the magazine.
  10. Make mock magazine pages showing different ad sizes and rates. Include all your business information. Use these when selling ads.
  11. Sell ads. Aim for 60 percent ads to 40 percent magazine material. This sounds high, but is the best ratio to keep your budget in the green each month.
  12. Assign each story, article, photo and graphic to your staff. Use digital voice recorders when interviewing for audio files. Keep transcripts of all interviews.
  13. Proofread very single piece of copy before it goes into the layout. Keep every article text, photograph, graphic and ad in well-organized folders on your main computer. Purchase a back-up system for your computer which automatically saves copies of all your work.
  14. Use Quark, InDesign or a similar publishing software to layout the magazine. Make a template for each page using the publication specs your printer gave you.
  15. Save all your files as specified by your printed and submit them. If you are continually late on deadlines you risk not getting printed that month and being dropped by your printer completely.
  16. Distribute your magazine in local businesses, churches, medical offices, school and community centers. The more your magazine is seen around town, the more ads your will be able to sell.
  17. If you want to charge money for your magazine, you will be limited to distributing at businesses that agree to accept money on your behalf. The other option is to purchase newspaper vending machines and place them in high traffic locations around town.
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