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  • THE IMPORTANCE OF LAWS ON PUBLIC TRANSPORTATION  By : Jinky
    Aside from private car accidents there are also a great number of related public transportation accidents. The Federal Government is the one regulating the common carriers that transport passengers and cargo across the entire state. Nevertheless, each separate state has its own regulated public transportation system all within its state’s lines. But in general it’s the Federal Government that controls the interstate transportation while the individual states are to manage the intrastate transpor
  • Choosing A Process Server  By : David G. Hallstrom, Sr.
    In civil court matters, a process server is someone who serves or delivers legal documents, ie. subpeonas, summonses, court orders, various legal notices and in some cases writs. Process servers normally fall into one of four (4) categories:
  • Law School Accreditation  By : David G. Hallstrom, Sr.
    According to the Merriam-Webster dictionary the definition of accreditation is "to recognize (an educational institution) as maintaining standards that qualify the graduates for admission to higher or more specialized institutions or for professional practice." Law schools generally fall into three catagories of accreditation
  • Estate Planning And The Revocable Living Trust  By : David G. Hallstrom, Sr.
    According to Plan-My-Estate.com - With a Revocable Living Trust, you transfer the title of any of your assets (such as a house) from yourself as an individual, to yourself as Trustee of the Trust. Then you, as the Trustee of the Trust, manage the assets of the Trust for the benefit of the beneficiary, which is you.
  • Should you hire an accident attorney  By : David G. Hallstrom, Sr.
    You should seek the advise of an accident attorney as soon as possible after the accident. Do not wait. You could be giving up certain rights. You should definetly speak with an attorney before speaking with the other sides insurance agent, adjuster or attorney.
  • Everyone Should Have A Living Will  By : David G. Hallstrom, Sr.
    According to information provided by http://www.plan-my-estate.com an an estate planning and asset protection resource web site, a living will, known in most states as a Directive to Physicians or Healthcare Directive, sets out your wishes about what extended medical treatment should be withheld or provided if you become unable to communicate those wishes.
  • Process Serving - California  By : David G. Hallstrom, Sr.
    Section 415.20 (b) of the California Civil Code Of Procedure States: If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be served by leaving a copy of the summons and complaint at the person's dwelling house, usual place of abode, usual place of
    business, or usual mailing address other than a United States Postal Service post office box,
  • Asset Protection And Fraudulent Transfer  By : David G. Hallstrom, Sr.
    There are thousands of individuals and companies that, through e:mails or via internet web sites, offer to help you protect your assets from creditors, ex spouses and or taxing authorities. Many of these individuals and businesses help you protect your assets by having you take actions that can or will put you in violation of the Uniform Fraudulent Transfer Act. This could, in the long run, not only end up causing you to lose the assets that you were trying to protect but also cost you
  • The Demise of Intellectual Property  By : Sam Vaknin
    In the mythology generated by capitalism to pacify the masses, the myth of intellectual property stands out. It goes like this: if the rights to intellectual property were not defined and enforced, commercial entrepreneurs would not have taken on the risks associated with publishing books, recording records, and preparing multimedia products.
  • Legalizing Crime  By : Sam Vaknin
    The state has a monopoly on behaviour usually deemed criminal. It murders, kidnaps, and locks up people.
  • The Argument for Torture  By : Sam Vaknin
    The problem of the "ticking bomb" - rediscovered after September 11 by Alan Dershowitz, a renowned criminal defense lawyer in the United States - is old hat. Should physical torture be applied - where psychological strain has failed - in order to discover the whereabouts of a ticking bomb and thus prevent a mass slaughter of the innocent?
  • DNA Profiling: Its Uses in Court  By : Pete McFraser
    Stronger evidence in courtrooms—it’s what every attorney, defendant, and plaintiff dreams of. Beginning in the last 1980s, this is exactly what began to surface through DNA profiling.
  • Information Technology - Wrongful Termination of Contract  By : Dr Rosanna Cooper
    Do you know what terms you should include in your IT Contracts?

    In the recent case, Peregrine Systems Limited v Steria Limited [2005] , a customer wrongly terminated an IT contract with its software supplier and as a result had to pay the supplier £700,000 plus interests - the outstanding balance due to the supplier under the contract.
  • IT - Negotiating certain Terms in IT Contracts  By : Dr Rosanna Cooper
    Do you know how to successfully negotiate an IT contract?

    n Vogon International Limited v The Serious Fraud Office [2005], a dispute arose in relation to the interpretation of the payment terms in the contract between the parties.
  • Employment Law - Excessive Working Hours - Breach of Duty of Care  By : Dr Rosanna Cooper
    Do you know how many hours your employees are working per month?

    n the case of Mark Hone v Six Continents Retail Limited (2005), a pub landlord having collapsed due to overwork successfully sued his former employers in the County Court for breach of duty of care.

    Mr Hone, the claimant, started working for Bass (now Six Continents) as a pub manager in 1995 and in 1998 was awarded "Pub Manager of the Year". However, in 1999 he started working at The Old Moat House where he found himself working 13 hour days.

    He repeatedly complained to his employers that he was overworked but the employers took no action. He had no assistant manager and other staff members, who left, including two chefs and an administrative worker, were never replaced.

    Mr Hone, who had refused to sign a clause opting out of EU legislation that limits the number of hours an employee works, began suffering from headaches and insomnia. In May 2000, he collapsed at work suffering from an anxiety disorder. In 2004, Mr Hone sued Bass for breaching the duty of care owed to him as an employee.
  • Employment Law - Claims - Overseas Worker  By : Dr Rosanna Cooper
    Have you got employees working outside the UK? If so, are you complying with the laws?

    In the case Saggar v Ministry of Defence [2005] , it was held that an overseas based employee of a British business, who was a UK resident when recruited or at any time during the course of the employee's employment, is entitled to bring a discrimination claim in the UK . The claim can be brought even if the employee did no further work in Britain after the move overseas.

    After 16 years at a Ministry of Defence base in Britain , Lieutenant Colonel Surinder Nath Saggar was permanently stationed in Cyprus from 1998 and was still there when he made a claim for race discrimination.

    The Employment Tribunal decided that Lieutenant Saggar worked wholly outside Britain and could not file a race discrimination claim in Britain . He appealed against this decision to the Employment Appeals Tribunal ("EAT").
  • Employment Law: Time Limits for Bringing Employment Tribunal Claims  By : Dr Rosanna Cooper
    In the case of Chouafi v London United Busways Ltd [2005], the claimant was employed as a bus driver by the defendant company. In October 2003, he was diagnosed with severe depression and was signed off work until February 2004. He was dismissed in January 2004 on the grounds of his medical condition and complained to the employment tribunal of unfair dismissal and disability discrimination.
  • Employment Law: Unfair Dismissal - Employer Succeeded in Changing Terms of Employment  By : Dr Rosanna Cooper
    Good News for Employers wishing to change the terms of employment of employees, however, employers must still take care.

    In Scott & Co v Richardson [2005], the Dependant, Mr Richardson, who worked for a Scottish firm of debt collectors, refused to accept his new terms of employment which required him to visit defaulting debtors during the evenings. Mr Richardson agreed to work evenings but only if this would continue to attract overtime payments as had previously been the case. Scott & Co tried for seven months to persuade Mr Richardson to change his mind but he refused, finally issuing an ultimatum that his employer should either accept his position or dismiss him. They chose to dismiss him.
  • Employment Law: Attendance Rewards - Legal Ramifications  By : Dr Rosanna Cooper
    If you were thinking of offering your employees special rewards as incentives for having good attendance records, then you must read on. In fact, employers that offer attendance bonuses may find themselves falling foul of the law.
  • Employment Law - Unfair Dismissal - Constructive Dismissal  By : Dr Rosanna Cooper
    The case of Thornley v Land Securities Trillium Ltd [2005] concerned a claim for unfair and constructive dismissal by an employee who alleged that her employer imposed a new job description on her and she contended that her contract of employment was fundamentally breached by such changes to her duties imposed by her employer. The Tribunal upheld this claim.

    The employee was originally employed by the BBC as an architect in its construction management department. On or around 12 November 2001, a substantial part of the construction department was transferred to the appellant employer, Thornley, under the Transfer of Undertakings (Protection of Employment) Regulations 1982.

    Following this transfer, the employer announced its plans to restructure the department. This meant that the employee's role would have changed to that of a managerial role from the hands-on architectural work she had previously done. On or around 1 October 2002, the employee attended a meeting where she indicated that she believed her position was being made redundant. She wrote to the employer stating that as a result of the proposed restructuring, her professional expertise was being dissipated and she was becoming de-skilled as an architect. She also stated that her position was being made redundant. On or around 8 December, she again wrote to her employer raising a grievance in respect of the new role, which she claimed was not comparable with the job specification of the role she had when she was transferred to the employer.
  • Employment Law: Unfair Dismissal - Constructive Dismissal - 'Last Straw'  By : Dr Rosanna Cooper
    The case of Bell v The Spirit Group Ltd [2005] concerned a claim for unfair and constructive dismissal. The employment tribunal held that a series of acts, by the employer, cumulatively amounted to repudiation of the employee's contract of employment.



    The employee was a manager of a national chain of pubs and restaurants. He brought a complaint of unfair constructive dismissal against his employer in the employment tribunal on the grounds of failure to support him throughout a period of a year during his career. He alleged that:
  • Employment Law: Sex Discrimination - Justification - Margin of Discretion  By : Dr Rosanna Cooper
    In the case of Hardys and Hansons plc v Lax [2005] EWCA Civ 846 (Court of Appeal), the appellant employers were brewers who ran a chain of public houses. The respondent was employed by the appellant and subsequently took maternity leave, and during this time, she put in a request to her employer to job share her post of retail recruitment manager upon her return from maternity leave, or alternatively to take up a tenanted support manager's job on a job share basis. Her request was denied and she brought an action for unlawful sex discrimination and unfair dismissal in the Employment Tribunal (Tribunal).

    Under the Sex Discrimination Act 1975 (SDA), inter alia, a person discriminates against a woman if "he applies to her a provision criterion or practice which he applies or would apply equally to a man, but... which he cannot show to be justifiable irrespective of the sex of the person to who it is applied...".
  • Corruption and Transparency  By : Sam Vaknin
    The UNDP estimated, in 1997, that, even in rich, industrialized, countries, 15% of all firms had to pay bribes. The figure rises to 40% in Asia and 60% in Russia.
  • Money Laundering in A Changed World  By : Sam Vaknin
    If you shop with a major bank, chances are that all the transactions in your account are scrutinized by AML (Anti Money Laundering) software.
  • The Insanity of the Defense  By : Sam Vaknin
    If mental illness is culture-dependent and mostly serves as an organizing social principle - what should we make of the insanity defense (NGRI- Not Guilty by Reason of Insanity)?
  • Understanding Tort  By : David C Skul
    Tort law is different from the laws of contract, restitution, and the criminal law. Contract law protects the parties involved when expectations arise from promises, restitution prevents unjust enrichment and compensation for wrong doing, and criminal law punishes crimes that are so severe (like murder, rape, fraud) that society has a direct interest in preventing and dealing with them. Note that many wrongs can result in liability to both the state (as criminal activity and proceedings) and to the victims (as torts).
  • Help! Finding a lawyer  By : Ryan Fyfe
    Chances are if you are looking for a lawyer you are at a very stressful time in your life, and are overwhelmed. It doesn’t have to be as hard or as costly as you think to find a good lawyer. Provided below are some tips that can take the stress out of finding a lawyer
    What is it that you wantWhen first starting out the whole process take time to jot down exactly what it is that you want in a lawyer and in your legal case in general. This will help save you cost and aid greatly
  • What does it take to be a Lawyer?  By : Amit
    When you see all these handsome Lawyers in TV series like LA Law, sitting in their fancy offices, driving these flashy cars, have you ever realized what they have been through in terms of time, years of education, money, Certifications etc’.

    Let me Describe to you the Lawyers course of training. Formal educational requirements for lawyers include a 4-year college degree, 3 years in law school, and the passing of a written bar examination.
  • Tips on Selecting the Right Personal Injury or Car Accident Lawyer  By : smgenie
    If you have been in a car accident and have suffered personal injury, it is well advised that you retain a lawyer to review your case. If you need help in how to select the right lawyer for your case, here are a few tips.
  • Social Security Member’s Concerns  By : Jinky
    The Social Security has set some rules and regulations to be followed by members who wish to have their names changed. There are various circumstances where name changing is allowed and these are as follows: if a member marries, if the member divorced and if there are certain corrections to be made on the name of a member.

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