house of lords

the house of lords is the oldest second chamber in the world . it had been in continuous existence in one form or another more than a thouse years . it gtew out of the great council which was the seccessor of the saxon witan in 1295, when edward 1 called his model parliament , all the different classes of people summoned to attend met in one single assembly .but afterwards they split up into three groups..nobles , clergy , and commons . later on the greater clergy found its intrest in common in the nobles and they assosiates together into one body which came to be called house of lords.

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How Patent Reform Will Affect Inventors and Businesses

The United States Senate has passed the America Invents Act, the patent reform legislation that has been working its way through committees for several years. Because the Act passed the Senate by an overwhelming bipartisan majority, a form of it is also likely to be approved by the House of Representatives. Changes are also possible as leaders in the House have their own ideas about patent reform.
The Act has a number of provisions that will be advantageous to inventors. The first is a transition to a first-to-file system. While this may seem to be a disadvantage to individual inventors, in practice, it is slightly advantageous to individual investors. In the past, inventors could show prior inventorship, even if they filed their patent application later than another inventor, in an interference proceeding. However, interference proceedings are expensive, and are usually won by the side with the most money such as big corporations. Transitioning to a first-to-file system will likely help individual inventors who often file provisional patent applications early in the inventive process.
Another advantageous provision allows for the United States Patent and Trademark Office (USPTO) to set fees and keep the fees that it collects. In the past, the USPTO has been forced to divert much of the revenue from filing fees to government coffers, reducing the number of examiners it was able to hire. Allowing the USPTO to retain all the fees it collects will ultimately increase the number of examiners and reduce the patent backlog. In addition, the USPTO will have more latitude to implement its strategy of allowing some patent applications to receive accelerated examination for a fee, while allowing other applicants to delay the examination of their applications. Both new options will be very advantageous to inventors both by increasing options and reducing the application backlog.
The bill also includes several provisions making it easier to oppose an application, both during examination and after grant. In the past it was difficult for interested third parties to influence the prosecution (examination) process. The current bill makes it easier for third parties to submit art for review with explanations about the arts importance.
In addition, the Act allows third parties to oppose post-grant patents in a new opposition system that may have advantages over the current reexamination system. This may help some companies avoid infringement litigation by allowing the more rapid invalidation of questionable claims.
The patent reform legislation also has something for taxpayers. It may eliminate some tax strategy patents, although under the Supreme Court's Bilski, this type of patent has become less important.
We will have to wait and see what the final legislation looks like. However, it is likely to be positive and to increase the importance of filing early provisional applications to secure the earliest possible filing date for an invention.

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Protect Your Software With Patents

Software makes up a large part of the asset base of most businesses. A recent survey found that 80% of the value in an average publicly traded company was in non-tangible assets. Custom software makes up a significant portion of those non-tangible assets, and is often a critical a company's competitive advantage.
Software inventions can be patent protected in the United States. The Supreme Court made it clear in its Bilski decision that processes and transformations performed by a machine are patentable subject matter. However, two characteristics of software inventions create special challenges in protecting them.
The first challenge is that many coded innovations are buried in thousands of lines of compiled code and so are difficult to detect. A competitor may reverse engineer your code and use it in a product, and it may still be difficult to determine if the competitor is using your invention, even if you examine the competitor's code.
The second challenge is that the functions performed by code can be done many different ways. Unless a patent application is carefully drafted, an average programmer will have little trouble finding an alternate way to achieve the same result.
I address these challenges in several ways. First, I like to protect inventions where one can detect infringement. For example, infringement is much easier to detect at interfaces. Interfaces with individuals, devices, and third-party applications are usually accessible for examination and testing. Thus the infringement is detectable, and action can be taken to either secure royalties or stop the infringement. Interfaces also tend to limit a competitor's options in designing around your invention.
A second strategy is to focus on data structures. For some applications, data structures and their functions are easy to identify. Protecting the elements of the invention relating to the data structures allows your code invention to be protected in another way. This protection strategy is particularly effective for inventions that are not easily identified through an interface, and creates very enforceable intellectual property. A competitor is also limited when the data structure is claimed broadly.
A third strategy is to identify and protect important results of a software invention. Many results, such as data encryptions, digital encoding, and similar results can easily be tested for the copying of the method of achieving an important result. When a competitor is getting the same results with great precision, it is highly likely that they have copied an invention.
Protecting your software invention with an effective, enforceable patent gives you the ability to stop a competitor from taking advantage of your innovations. It also gives you the option of licensing your invention, providing an additional revenue stream and defraying the costs of developing software assets.

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Administrative Freeze of Personal Accounts

In the world of bankruptcy, debtors are protected from collections initiated by their creditors. Under the current bankruptcy code, debtors are required to list all available assets and liabilities. A trustee is assigned to the case in order to observe and enforce the will of the bankruptcy court. An automatic stay is granted for the debtor against claims of creditors until the case is dismissed.
Many debtors develop multiple layers of relationship with their creditors. Most bankruptcy filers maintain a checking or savings account with the same financial institutions that issues them credit cards and other forms of financial products. Thus, some financial institutions developed an internal mechanism allowing them to setoff debtors' assets against outstanding debts. This process is often identified as Administrative Freeze.
Instead of resolving the problem, this expanded banker's dilemma, legal problems resulting from financial institutions making claims against personal accounts of debtors who file bankruptcy. Courts have battled over the exact meaning and implication of Administrative Freeze. In 1983, The Third Circuit held that Administrative Freeze violated the automatic stay (United States v. Norton). The Ninth Circuit upheld Administrative Freeze as a legal process to protect rights of the creditors (Bank of National Trust and Savings Assoc. v. Edgins, 1984).
In 1995, the U.S. Supreme Court ruled in support of this (citizens Bank of Maryland v. David Strumpf). Justice Scalia delivered the unanimous court opinion. The high court found that this Freeze did not violate automatic stay granted to debtors under bankruptcy laws. Justice Scalia stated that bank accounts are promises to pay conditioned on terms of contractual agreement which existed prior to bankruptcy filing. The actual physical account becomes part of the bankruptcy estate. Banks' actions - denying debtors access to their accounts upon filing of bankruptcy - protected the estate formed by the bankruptcy filing (first), and it constitute refusal to perform due to legal changes.

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NJ Senate Resolution Urges NJ Supreme Court Justice Rivera-Soto to Resign

And the political snowball keeps rolling in New Jersey. On Thursday, February 17, 2011, the New Jersey Senate passed SR-105, a resolution urging Justice Roberto Rivera-Soto to resign his seat on the New Jersey Supreme Court.
Last December, Justice Rivera-Soto began abstaining from votes of the state's highest court, stating that the court as presently constituted with "one Chief Justice, five Associate Justices and a Judge of the Appellate Division selected unilaterally by the Chief Justice,... is unconstitutional and its acts are ultra vires."
Sponsored by Senator Nia Gill, D-Essex, the Senate resolution states:
"It is the sense of the Senate that the actions of are prejudicial to the administration of justice and constitute a serious violation of the public trust."
The resolution is among a string of events that have unfolded recently in New Jersey politics, implicating the future of the state's supreme court.
Last May 2010, Governor Christie announced that he would not be renominating New Jersey Supreme Court Justice John Wallace Jr., the only African-American serving on the court.
New Jersey Supreme Court Justices receive initial appointments for 7 years, and may thereafter be reappointed for life. The governor's decision marked the first time a sitting justice would not receive reappointment.
To replace Justice Wallace, Governor Chris Christie nominated republican Anne Patterson, a partner at Riker, Danzig, Scherer, Hyland & Perretti, a large law firm in Morristown.
In response to Patterson's nomination, state Senate President Stephen Sweeny, who served as acting governor during the snow storm of December 2010, stated that the legislature would not give advice and consent regarding Patterson's nomination until Spring 2012, when Justice Wallace would have left under mandatory retirement.
After Justice Wallace left the bench in May 2010, Chief Justice Stuart Rabner invoked the "temporary assignment clause" of the New Jersey Constitution. The clause allows a senior judge of the lower Superior Court to fill a vacancy on the Supreme Court. Chief Justice Rabner appointed Appellate Division Judge Edwin Stern, reasoning that the appointment was necessary due to the Supreme Court's pressing caseload.
Following this appointment, Justice Rivera-Soto began abstaining from decisions as long as the Court remained "unconstituionally constituted." In two consecutive opinions, he argued that the "temporary assignment clause" only allows the chief justice to appoint lower court judges when necessary to obtain a quorum.
In a more recent opinion, however, Justice Rivera-Soto has backed down from his stance, stating that he would only vote when the vote of the appointed justice was not the swing vote.
"I will cast a substantive vote in every case in which the judge of the Superior Court temporarily assigned to serve on the SupremeCourt participates except for those in which the temporarily assigned judge casts a vote that affects the outcome of the case."
Online, the Senate's resolution has sparked fierce reactions from both sides of the debate:
"Rivera-Sota is a blemish on the NJ Supreme Court. We should bring back a respectable judge like Wallace."
"It is actually Sweeney and the Democrats who should resign or be impeached for thwarting Governor Christie's constitutional right to appoint a new justice to the Supreme Court. At least [Rivera-Sota] has disclosed to everyone a reason for why he is doing what he does.

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How to Locate Court Recods

These days you never know who you live next to, who you work with, who you trust information with and more importantly, who takes care of your children at school. This information is something that everyone should know, to ensure that your children and your private information are kept secure. There are people out there that have bad intentions and might have prior history of jail time or crimes committed. This information is not always easy to find and accessible. Knowing how to access this information is very important and can make a big difference in certain situations.
Another good reason to have access to this information is to make sure that your record is clear. Many people have unpaid parking tickets and even warrants that they are not aware of. The last thing you want is to have something like this that is left outstanding without you knowing it. This can lead to disaster. You could experience big penalties or even jail time for such outstanding issues. It never hurts to run a court records check on yourself before a really important interview, if you are not 100% sure that your record is clean. Even if you think it's clear, it's recommended to do this every 5-10 years just to make sure there haven't been anything mistakenly assigned to you.
There have been several federal laws passed recently that make obtaining local court records easier to accomplish. The old process used to involve a lot of paperwork and a lot of waiting, but these days you can get access to the information instantly in some situations. There are several ways to access this information.
1. Visit the courthouse
You can take a trip to the courthouse in the county in which you live to get your records. You can request records on anyone you want and they are required to fulfill your request. With the new software programs and databases used to store all of the court records, it should only take around 20 minutes to get the information you request. It may take some time waiting in line and getting to someone who can help you, but the information doesn't take long to retrieve.
2. Call the courthouse
Another option is to give the courthouse in question a call. You can order whatever records you are interested in for a small fee. The fees can range from $25-$50 generally. You will have to wait 3-5 business days to receive the records in the mail. If you do not live near the courthouse where the records reside, this may be a good option.
3. Online Court Records
The internet has many court and public records resources available to the general public. Some of these services only give you access to general information and not detailed records, so you should be careful and fully review the features of the service before paying for it. These services are generally more expensive than ordering records from a courthouse but if you need to lookup records from multiple counties or states, this may be a good option.

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State Bar Recommends Implementation of Technology to Reduce Court Costs

The lawyers saw it coming long ago. With waves of deep budget cuts crashing down upon the public sector, how could the judiciary keep-up with the ever higher demand for its high-quality service we have come to expect? Judicial reform.
At the direction of the Michigan Supreme Court, the State Bar of Michigan selected a task force of attorneys and judges from across the state back in early-2009. The task force met for a full-day each month from September 2009 through last May, gathering ideas, discussing problems and suggested solutions, and debating various cost-cutting strategies.
Last week, the task force announced its findings and recommendations. The following are the more significant findings and recommendations of the task force:

• Our state courts have a mixed-funding structure rather than a state-funded system, with municipalities and court-generated revenues contributing heavily to each county court's operational costs. This patch-work is having a disparate impact on various courts throughout the state, with some areas getting hit much harder than others;
• Our 83 counties are served by 585 full-time trial court judges at the district, circuit and probate levels. The number of judgeships should be reduced according to up-to-date demographic data and historic caseload data;
• The recommended reduction in judgeships must only take place upon the retirement of currently sitting judges in order to maintain judicial independence;
• Judicial services should be coordinated and consolidated by region after the "best practices" are identified;
• Increased flexibility among court administrators in the reassignment of workload must occur once the recommended judicial downsizing and service coordination begins;
• Full and effective use of available technology to assist in the delivery of judicial services will reduce costs in the long-run; and
• Continued use of innovative community-based programs in the trial court setting that address mental health and substance abuse problems will continue to yield significant cost savings.

Basically, the courts will have to do more with less resources. A familiar song among the state workers and teachers spread throughout the counties and across the nation.
The good news for attorneys practicing in Oakland County is that we have already have most of the docket converted to an e-file system. There are still some dockets -criminal and some family law cases- that do not currently accommodate electronic filings.
Another innovation to take hold in some of the county circuit courts in Southeast Michigan is electronic file retrieval or Internet-based databases that are searchable by members of the public. A good example of this system is Oakland County's Court Explorer where you can search the docket entries in a case and, for a very nominal fee, order a copy of any document filed in the case. Usually, in a few hours, the document show-up in your email.
Another (even better) example of electronic access is the Wayne County Probate Court where the documents are imaged and available for viewing electronically with the click of your mouse. As for the Wayne Circuit Court, however, not so much...
Roster attorneys for the Michigan Appellate Assigned Counsel System (MAACS), for example, physically have to be present on the 9th floor of the Frank Murphy Hall of Justice in order to access our client's register of actions in Wayne County. This amounts to difficult "access to justice" when, on an appeal, you are simply trying to piece together the procedural history of your client's case.
Electronic docket access differs widely from county to county. In Genesee, the docket entries of a case is displayed in fragmented screen images. If you print-out the register of actions in the case, you get several pages of chopped-up, difficult-to-read DOS-style text. A waste of paper, and definitely not user-friendly.
While the idea behind the task force was to identify some of the "best practices" at the county level and implement them state-wide, this blog wonders whether this will be possible at the political level.
Our law firm's attorneys and paralegals access county court records everyday across the State of Michigan. From our perspective, standardization of electronic access would greatly improve our efficiencies in the delivery of legal services.

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Finding the Right Law Firm Is Challenging

Finding the right legal team is tough at times. Searching the internet or the phone book can be stressful than anything. Looking for a person that can handle all different cases is important to a client. Talk to the law firm and ask important questions about their firm. Ask for any testimonials they might have. Having a law firm that has a personal touch is very important.
Finding a lawyer that is connected across the United States will benefit your case. The lawyer will have resources that many small firms will not have. Some firms are so big you might get little bit intimidated. Finding a law firm that gives you one on one personal attention is important to any case. Talk with the law firm and hear their ideas.
Do you have a case? Many lawyers might turn you down till you find the right one. You want a law firm that is very organized and not buried with paper work. Lawyers that look confused and have stacks of files on their desks will not be productive. Many lawyers hire outside firms to send clients to them. The companies will locate the right lawyer for you. They use the latest technology in software to screen and fit the right lawyer for your needs.
Does this sound too complicated? Not really at all. Shopping for a brand new LCD and reading all the technical information is more overwhelming! Lawyers do care about your case and they are here to help you..           

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What Does the Law Say About the Definition of Trust Income?

Trust income is a concept that is quite controversial in the history of Australian law. It is very important to understand how the law applies to trust income if you are involved in any form a trust either as a beneficiary or as a trustee. A recent decision of the high court in Australia has shed new light on how Australian law treats the concept of trust income. The concept of trust income is braodly defined in Div 6 of Pt III of the Income Tax Assessment Act 1936 (Cth) ("the Act"). The recent case of Federal Commissioner of Taxation v Bamford & Ors [2010] HCA 10 has found that the appeal heard in the High Court should be dismissed.
The circumstances which gave rise to that case were that in the relevant years of income in the year ended 30 June 2000 and the year ended 30 June 2002, Mr and Mrs Bamford as executives in P&D Bamford Enterprises Pty Ltd arranged for the 2000 tax year and the 2002 tax year that their company would be trustee of the Bamford Trust. In the Bamford Trust Deed, "Trust Fund" is defined as "the sum of $10 settled on the Company, as trustee of the Bamford Trust, and all other moneys or property at any time transferred to and accepted by the Company as additions to the Trust Fund, as well as any accretions thereto and also includes the investments for the time being representing those moneys and that property". The trust deed contained no definition of "income". However, the Company, as trustee, was given authority to determine if payments to the company were income or capital amounts. For the 2002 and 2000 tax years, the Company distrubuted amounts to the beneficiaries. The Commissioner of Taxation assessed the net income under section 95 of the legislation as if the trust exceeded the net accounting income. The Commissioner apportioned the excess ($191,701) amongst the beneficiaries entitled to specific amounts on the basis of the proportion which the amounts they received bore to the total amount distributed. For example, Mr Bamford's assessable income was increased by $34,624.
The court eventually found that although there was a legally enforceable right involved which the ATO was entitled to rely on, one Judge called for legislative change to correct the implication of this law so that it does not reflect such a rigid position in relation to the interpretation of trust accounting. However, ultimately, the taxpayer did lose the appeal. This decision has important implications for the application of trust law

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Practice Law Like A Professional: Always Know Where To Turn For The Latest On Legal News And Briefs

With your longer than you might have ever thought possible distant reaching telescope now at the other end of that long dark tunnel, after attaining those coveted title where you have worked so extra hard to attain. After taking in classes tests after tests, you are ultimately permitted to try your trained hand at that all too important step which in all your formal educational dreaded years of training you now have found yourself one of the chosen elite few, who have in addition to some great success, and accompanied with much ado of that in your face bravado, you with high honors passed the bar.
Now, with that all too important hurdle behind, what must you now do, as a highly trained legal counsel, in order to make your true mark for your newly acquired professional setting? Would it be a bit more to your expertly directed niche to either linger with those cumbersome textbooks a bit more or should you, like the classics trained Perry Masons of old simply journey out into that great abyss?
Where in that all encompassing universe of law will you eventually want to rest your legally directed mind? Should you either desire to persue your thus far star guided career towards the tried and true elements of your profession, or might yours be a bit more daring by adjusting those always on the right cue sights on the more heart felt aspects of your law practices and law processes?
With the your we are the uncontested champion's ability to perform like an on your mark get set and go, with this always at your ever loving side, as you remain on the cutting edge to carefully direct you dear counselor, forever onward and upward.
How could you dearest legal minded lawyer go wrong? Whenever there is an area you might need to settle you are squarely in the know for sure that bit more so long ago unsettled ground, so please always remember to take some professional legal advice from http://www.pli.edu.
Make those habitually motionlessness desires to expertly propel you forward, which in the real world of what you see is what you get assures that you will be able to meet every from now into the predictable future's challenge with an guru's practiced shot where they find their problem's each sighted mark tried and true!
No longer are those long and drawn out steps dogged by insecurity, although they are now ones taken with the best of professionally handled care. While each and every waking moment, you are never more sure of yourself than you in your most wide eyed and bushy tailed out of body dreams in those soon to be long ago heyday of boolah boolah could have possibly ever in a million years imagined.
Accompanied ever so gently by social media to forever guide you, on to that once again achieved goal of unheard of perfection. Where in an always advancing professional advancement, would you possibly think that nothing on earth can be placed before you and absolutely mean it?

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Can You Get a Refund in Your Lemon Case?

There was a time when getting a 'lemon' or a car that is repeatedly sent to the repair shops for repairs and tune ups was a total punishment with no hope. But not this time; thanks to the presence of lemon laws aimed at protecting the consumers against these duds. These laws are in place to ensure that the consumers get their due if the purchased car is repeatedly sent to the repair shop on almost the same issues and troubles. The law calls for two things that can be gained by the consumer. One, the consumer can get a replacement for the underperforming vehicle. And two, the consumer can count on the refund that can be offered by the manufacturer.
In the context of 'lemon law', the refund of an owned vehicle incorporates a number of costs:
1. The purchase price. This is the price paid by the consumer for the vehicle, and this includes all other charges for transportation and other installed options and accessories on the vehicle. But this will not include the charges for the components and accessories that have been installed by the dealer or the consumer.
2. The incidental damages. These damages include all costs related to repurchasing the vehicle. Some of these costs include the repair, the towing and the rental costs that have been incurred by the consumer. Also, these damages include the prepayment penalties, the early termination charges and other form of charges that have been incurred by the consumer.
3. And the total of all of these costs will be deducted by the reasonable offset for the physical damage that has been done on the vehicle.
Now the dispensation of payment happens both ways, to the lessor and the lessee. For the lessor, the law provides that he/she be paid with the payoff amount due as indicated in the lease agreement. The said amount will be deducted by the amount of the security deposit made by the lessor and the refund due to the lessor for the unexpired length of service of the contract and insurance as indicated in the agreement.
The lessee will also get its share of payments during the settlement of the issue, and the payment is composed of a number costs and charges. There are the collateral charges which refer to the official fees that are paid by the lessee and these include the license and registration fee and the sales tax. This also includes the incidental damages. Incidental damages shall include the reasonable repair, towing and the rental costs incurred by the buyer. This will also include the prepayment penalties and finance charges that are charged against the consumer. Other incidental charges that are covered under the law and which can be refunded to the consumer shall include the base monthly payments, the amount of trade-in and the security deposit held by the lessor. Sometimes, you as the lessee will get refund for the attorney fees.
Once you have learned that you can refund and the composition of it, then that's the right time to file a complaint against the manufacturer. You may be asked to sit down in an arbitration procedure first before you can file your complaint. But if you need to file a case, make sure that you get the assistance of a lawyer who knows his way around.

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Judgment Lead Liability Article Source

I am not a lawyer, I am a judgment matchmaker (Judgment Broker). This is just my opinion about any real or imaginary potential risks of referring judgment leads.
Could a debtor or an original judgment creditor sue the Judgment Enforcer (JE)? Could the JE sue the judgment lead provider? Could a judgment lead provider be sued for providing leads to a judgment broker? Could a judgment broker be sued for referring judgment leads to a JE?
Sadly, the answer is yes. Anyone can sue anyone else for any reason, even when there is no valid reason. Of course frivolous and groundless complaints (lawsuits) are rarely successful, yet they cost money, time, and hassles for all parties.
If you cheat, steal, defraud, or lie, you are much more likely to be sued. Karma comes into play often - over the long term, you get what you give, etc.
If you follow all laws, honor your obligations, don't burn anyone, treat everyone well, are honest, cheerful, helpful, and fair; you are much less likely to be sued. If you are sued for doing nothing wrong, find a lawyer familiar with anti-SLAPP laws, which usually can stop many frivolous lawsuits.
One solution is insurance, but insurance policies have a lot of loopholes, which may leave you without coverage. Another solution is to consistently make sure that all your actions cause no one any valid grounds to sue you for any valid reason.
Any legal thing you do might get you sued. However, following the law, and the other suggestions mentioned above should minimize any risk. Here are my opinions about any possible risks involving judgment leads:
If one party gets sued, other parties usually cannot be sued unless they broke a law or were part of, or related to, the cause of action that started the lawsuit. For the rest of this article, let us assume the lead provider did nothing wrong.
When someone refers, passes along, or suggests a party with a judgment possibly contact a Judgment Enforcer (JE) (or lawyer or collection agency) there is no relationship, contract, or agreement, except for their one-time recommendation.
Neither the judgment owner or the JE has any obligation to make a deal for the JE to purchase or try and recover the judgment lead. The decision and ultimate result, of the attempt to recover the judgment, has nothing to do with the judgment lead provider.
As long as the lead provider in no longer involved with the previous referral in any way, no matter what happens, it is very hard to imagine a judgment lead provider to be found liable for anything that might happen.
What happens when someone refers a lead to a judgment broker, who then later refers that lead to a Judgment Enforcer (JE) (or lawyer or collection agency).
In this case, the original lead provider has no way of knowing who the JE is, or what the JE or debtor does. I think using a judgment broker adds a layer of separation, that minimizes any (already very tiny) chance of any liability of the original judgment lead provider.
Judgment lead referrals are not product sales, obligations, or telemarketing sales campaigns, for fungible items.
Judgment lead referrals result in one-time arms-length, voluntary and informed information choices, about financial rights, between both the judgment owner and the judgment enforcer.

Article Source:- pardesirahein@yahoo.com

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Perpetual Use of Land: Title Re-Registration Article Source

At the end of last year Federal law M42-FZ from Dec. 27, 2009 "On entering amendments to articles 2 and 3 of federal law 'On Putting in Force the Land Code of the Russian Federation'" and article 7 of federal law "On entering amendments to legislative enactments of the Russian Federation as regards the pinpointing of the terms and procedure of acquiring titles to state- and city-owned land plots."
The new version of article 3, par. 2 of federal law (J137-FZ "On Putting in Force the RF Land Code" from Oct. 25,2001 reads like this:
"Legal entities with the exception of those specified in article 3, par. 1 of the Law shall convert their right of permanent, perpetual use of land plots to the right of land lease or take possession of this land. Religious bodies shall furthermore convert their right to the right of gratis limited use, if they so desire, until Jan. 1, 2012 in keeping with the rules specified in article 36 of the given document."
From Jan. 1,2013theRFCodeon administrative offenses will be complemented with article 7.34 introducing liability for the failure to meet the date and follow the prescribed procedure of re-registering the right of permanent, perpetual use of land plots to the right of land lease or the date and procedure of taking possession of land lots (the penalty of legal entities ranges from 20,000 to 100,000 rubles). But even the promised administrative prosecution does not accelerate the process of re-registration.
But while the subject is not new, there are several issues which are not directly addressed by the law in spite of a well-established forensic practice:
I. Re-registering the right of permanent, perpetual use of the land plot where no real estate objects are present
Perusal of this issue is caused by a large number of refusals to re-register the right of permanent, perpetual use of a land plot. Competent authorities refer to the lack of real estate objects on a plot as the main reason. However it is necessary to understand whether such refusals are legitimate.
Pursuant to article 3. par. 2 of Federal law FU37-FZ "On Putting in Force the RF Land Code" from Oct. 25, 2001, legal entities must convert their right of permanent (perpetual) use of land plots to the right of lease or take possession of land plots, if they so desire, until Jan. 01, 2012 in line with the prescriptions stipulated in article 36 of the RF Land Code.
A reference in the given article to the need to re-register the land titles in keeping with the rules stipulated in article 36 of the RF Land Code gave rise to some uncertainty about what particular land plots were to be re-registered. Thus article 36 is devoted to acquiring the title to state-owned or city-owned land plots whereon buildings, structures and edifices are located.
And how should one become a title holder of those land plots (the right of permanent, perpetual use) where no real estate objects are situated? What are the guidelines for these cases?
To answer this question, we should turn to the existing forensic practice
Considering the disputes related to conversion by legal entities of their right to permanent (perpetual) use of land plots to the right of their lease or acquisition of land plots, courts are recommended to take into account that pursuant to article 3, par 2 of Federal law "On Putting in Force the RF Land Code" the parties to which land plots had been assigned before the enactment of the RF Land Code, have the right to choose between land lease or land acquisition in keeping with the procedure set in the rules of article 36 of the RF Land Code regardless of the purposes for which the said land plots had been assigned to them (point 1 of Resolution a–11 on some issues related to application of the Land legislation" issued by the Plenum of RF Supreme Arbitration Court from Mar. 24, 2005).
An identical administrative procedure titles to respective land plots doesn't imply that article 3, par. 2 of Law # 137 FZ and article 36 of the RF Land Code regulate same relations of acquiring land as private possession by vested interests.
Article 36 of the RF Land Code stipulates the following terms for land acquisition: holding titles to a building, structure or edifice, exceptional nature of the right to privatization or leasehold acquisition essential for using a real property.
Article 3, par. 2 of Federal law #137-FZ from October 25, 2001 stipulates special terms of land acquisition as private property - a permanent (perpetual) land use, time limits imposed on the land user to choose a future mode of land use.

Article Source: - pardeserahein@yahoo.com

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Judgment Shopping

I am not a lawyer, I am a judgment referral expert (Judgment Broker). I talk or email with at least 50 judgment owners every day.
Everyone wants the most cash for their judgment right now. Some ask for the impossible, for example 50% cash up front, or a future-pay recovery charge of 10% to enforce their judgment. In this article, I discuss how to really get the highest price for your judgment, as fast as reality allows.
There are only two ways to sell a judgment - either for a portion of the listed value of the judgment, paid after it is recovered from the debtor, or for much less cash up-front. Either way, when you sell your judgment, you are done with it, you will not have to spend any more time or money trying to recover it. You can then move onto more fruitful ways to spend your time and money.
A judgment is worth, at most, most of what a debtor can be convinced, persuaded, or forced to pay. If the debtor has nothing the judgment is worth almost nothing upfront, and you are better off with a future-pay judgment recovery specialist. Even then, the judgment might be worth nothing, or it could be worth something in the future.
I am often asked and told, "I want the most money I can get right now, so what is the fastest way to get all my money?". The reality is that nobody will pay you more than your judgment is worth, because nobody can predict with certainty what the debtor will do. When the value is unknown, nobody will take the risk of paying you much cash up-front for your judgment.
The fastest way to get paid is to sell your judgment very cheaply. To get 1-3 percent of the face value, you can do a web search and find a buyer. Better yet, list your judgment with a judgment broker, and you may get much more money, more quickly - unless your debtor is old, poor, or bankrupt.
The second fastest way to sell a judgment, is to list your judgment with a judgment broker for free. This usually gets you (sometimes much) more money, because a judgment broker will shop your judgment (for free) to find you the right buyer. Even if you do not use a judgment broker, you might be able to list your judgment elsewhere on the web.
The third, and slowest way to sell your judgment is to shop your judgment. This rarely helps you to get paid more, or be paid faster. Before there were judgment brokers, shopping was a good way to sell your judgment for the most cash.
To shop, you send your judgment (and debtor information) to many potential judgment buyers, and spend time talking and trading emails with each one.
After a few weeks of interviewing, you determine which buyer's purchase offer seems the best. Then you can compare any offers, and perhaps check again with those that previously said yes, to see if they will match your best found price. If it does not work out, start again. Rinse, Lather, Repeat.
The web offers us a way to spend countless hours shopping. Shopping your judgment wastes a lot of time for everyone, and almost never gets you paid faster. Even now, too many people waste time shopping.
A judgment broker, for free, does the shopping for you. Instead of wasting time, you send your information just once, and let the broker work to find you the buyer offering the best price, or the right enforcer for the best chance of recovering some of your judgment money.
Judgments are not fungible, and they can be compared to used cars. Most used cars depreciate quickly in value, and are sold for a tiny fraction of their original sticker price.
Some kinds of cars can become collector models, that if well-maintained, can be sold for close-to, and sometimes more than their original sticker price. In some ways, judgments are bought and sold like used cars.
The way judgments are sold for the highest price, is similar to how used cars would be sold, if they were sold on the web.
The web is now the most popular way to advertise something. As with cars, with judgments, its location, location, location. Most people would not buy a car 3,000 miles away. Also, the condition of the car matters a lot. With judgments, the debtor's situation matters a lot.
Let's say you have a 2005 Santa Clara County, California brand judgment, one owner, sticker price was 20K, debtor is now in Allegheny County, PA. No maintenance was done (the judgment was never domesticated to PA, nothing is currently known about debtor).
Asking price: $10K. There is very little chance of getting 10K cash up-front. Your only chance of getting even 6K is if the judgment is in "cherry condition", and you advertise it to a large group of pre-qualified buyers who are specifically looking for PA judgments.
What if your judgment is "cherried-out"? What if your judgment was well maintained (renewed, domesticated, debtor well known, debtor has a lot of assets, proof of service is good, and the debtor is young)?
Ideal conditions are rare, and if your California sticker price 20K judgment was renewed in 2011, already domesticated to PA, and (only if enforced in full) the theoretical sticker price would be about $32,000.
You can sometimes sell an ideal judgment for cash up-front. Even with ideal conditions, nobody pays sticker price for a judgment because a judgment is not cash.
If your debtor is wealthy, and has lots of assets showing, for example, owns four houses outright and has a great job, maybe you will get $3K to $9K for that 32K theoretical sticker price.
High prices are for ideal conditions - most often cash up-front judgment sales are for small prices. How much money you can get for selling a judgment for cash up-front, depends on your judgment situation, and how many qualified buyers see that your judgment is available for sale.
Time, and the future value of money are related. If you can wait, you might get $12-$24K for the judgment in this example, on a future-pay basis. If the debtor is rich, you might get it quickly. When the debtor is rich, cash up front and future-payment are not very different, either way, you get paid quick.
Shopping your judgment is old school and obsolete. Let a judgment broker who knows many buyers, enforcers, and lawyers, do the shopping for you, for free, to find the right buyer, to get you the most money for your judgment.

Article Source:- pardeirahein@yahoo.com

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State Pension Plans Influence Real Estate Purchase Decisions

There is a "$1 trillion gap" between states' pension obligations and the money that is set aside to fund promised benefits, according to the Pew Center on the States. Higher taxes, reduced service levels, and laid off city workers are increasingly common actions being taken at the local level as cities and counties struggle to close massive budget gaps caused in part by pension costs.
Camden, New Jersey, for example, made headlines in January of this year when it announced plans to lay off hundreds of city workers-including police and firefighters-in an effort to close a $26.5 million budget deficit.
State Pension Plans Exempt from ERISA
Public employee pension and benefit plans are not covered by The Employee Retirement Income Security Act of 1974 (ERISA).
Corporations, which are subject to ERISA, are required to adequately fund pension benefits. Under ERISA, corporate pension funds must be held in a trust maintained separately from an employer's operating assets. When these ERISA rules are followed, corporate pension funds are generally adequate to pay the accrued benefits.
Public plans do not have this ERISA mandate, and politicians have found it much easier over the years to promise higher benefits than to sufficiently fund the benefits. The result is the $1 trillion gap.
Accounting for Public Pension Plans
The Government Accounting Standards Board ( www.GASB.org ) is responsible to set guidelines for public pension accounting and financial reporting.
Corporate pension funds must calculate future pension obligations using a low risk-adjusted interest rate, typically 6%. This is not the case for public pensions. New Jersey, for example, applies an 8.25% discount rate to calculate unfunded pension liabilities. Using this measure, the state estimates $32 billion in public pension budget shortages. The same obligation, calculated with lower interest rates used by corporate pension funds, translates into approximately $145 billion.
"Pension costs will crush government," warns a February 2011 report issued by the Little Hoover Commission titled "Public Pensions for Retirement Security." Writing specifically about public pensions in California, the report notes that the 10 largest California public pension plans face a combined shortfall of $240 billion in 2010.
While industry guidelines suggest that a public pension fund be at least 80% funded, the Little Hoover report indicates that the Los Angeles City plan is only 62% funded and the San Francisco plan is somewhat better with 74% funding.
"State and local governments need the authority to restructure future, unearned retirement benefits for their employees," according to the Little Hoover Commission report.
Real Estate Purchasers Need to Understand Public Pension Funding
Pension professionals have been aware of the unfunded pension liability issue for some time, while the true dimensions of the problem are only recently gaining attention among the general public and popular press.
Public pension deficits vary greatly from state to state, and within a state, from plan to plan. Residents and real estate purchasers are well advised to acquaint themselves with public funding issues prior to making any significant decision in regard to relocation, a real estate purchase, or a sale.

Article Source:pardesirahein @yahoo.com

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Trademarks - The Two Types of Registers Maintained By The PTO

A trademark is a trademark is a trademark, right? Not a chance. The Patent & Trademark Office is in charge of the trademarking process. When it approves a mark filing, it places the mark in one of two registers - the principal and the supplemental. Only one really has any value.
Principal Register
The principal register is by far the most important register with the PTO, the one you want to be classified in. The benefits include exclusive nationwide ownership of the mark; official notice to any would be users of your rights; the right to automatically defeat certain challenges if you keep continually using the mark for five years; certain benefits when prevailing in trademark infringement litigation.
How do you get into the principal register? The PTO makes the choice. The examining attorneys look at whether the mark is actually being used in the market, the mark is sufficiently distinct to reasonably operate as a product identifier in the consumer market; the is not conflict with a currently registered mark and the mark is not a single item work such as a book name.
Supplemental Register
The supplemental register is usually where marks that are technically acceptable, but not distinct are filed. The lack of distinctiveness is a critical weakness when considering a trademark infringement claim. If the PTO believes a court would not give the mark much weight, it will throw it into the supplemental register.
So, what use is this designation to the mark holder? There are really two benefits. The first is the mark still appears when people do a trademark search. Since the mark will be found, it will act as a prophylactic as the searchers will most likely choose an alternative mark.
The second benefit is the five year rule. If you continue to use the mark, you can argue after five years that it is now sufficiently distinct to be included in the principal register. The basis for this argument is the continual use for five years creates a higher level of distinctiveness given the mere fact it has been used during this time.
All and all, a filing with the supplemental register is not the end of the world. Still, getting included in the principal register is the goal.

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What Is a Community Trademark (CTM)?

A community trademark or CTM is a cost effective route to obtain European trademark protection. It is a single registration that covers all 27 European Union Member States, including France, Germany, Ireland and the UK. The community trade mark system is administered by the Office for Harmonization in the Internal Market (OHIM) in Alicante, Spain. The community trademark was established in 1996.
A CTM registration confers a monopoly right upon its proprietor to prevent unauthorized third party use of an identical or confusingly similar trademark in relation to overlapping or related goods and/or services to those covered by the registration. This use includes affixing an infringing trademark to goods or their packaging, offering goods for sale, supplying services, importing or exporting and also, use in advertising or on business papers. A CTM registration is a cost effective and powerful weapon to police your brand and protect the investment and reputation that your business has built.
Advantages of a community trademark include:

• Pan-European trademark protection under cover of a single registration;
• The CTM system is cost effective. The cost of a community trademark registration is usually less than the cost of filing two or three national trademark registrations in European Union Member States;
• Administration is simplified by having a single European trademark registration, rather than a bundle of national rights that have to be watched and maintained individually;
• Renewal costs are reduced considerably by not having to renew corresponding national trademark registrations, if "seniority" is claimed from these registrations in the community trademark registration;
• In the event of successful challenge or refusal, a community trademark application or registration can be "converted" into national trademark applications, retaining the filing date of the parent community trademark;
• Presently, use of a community trade mark registration in one European Union Member State will defeat an action for revocation on the grounds of non-use;
• When the European Union enlarges, a CTM registration automatically extends to the new countries. At the moment, there are three candidate countries - Croatia, Turkey and the former Yugoslav Republic of Macedonia; and
• The CTM registration can be designated under cover of an International (Madrid Protocol) Registration and a community trademark can act as the "basis" for an International (Madrid Protocol) Registration.

Disadvantages of a community trademark include:

• A CTM is a "unitary" right, i.e. it is "all or nothing". Successful challenge in one of the 27 European Union Member States will defeat the community trademark application or registration in its entirety;
• On account of its "unitary" nature, a community trade mark registration has to be assigned in totality. It cannot be assigned for particular countries;
• Levels of opposition against trademark applications are relatively high because the community trademark office does not block later community trademark applications at the examination stage; and
• As a result of the absence of a prior rights examination, it is all the more important for trademark owners to monitor the filing and publication of conflicting third party CTM applications. Without vigilance and independent trademark watches, conflicting CTM registrations could slip through to grant undetected.

In summary, the CTM is a widely used and cost efficient tool to secure protection for your trademarks and brand names across the European Union in a single hit.
Before filing a community trade mark application, it is advisable to carry out trademark searches. Various search packages are available, involving different levels of investigation. Searches for identical trademarks can be conducted in certain Member States for free using publically available databases. Your trademark attorney will be able to advise upon the most appropriate searching and filing strategy for your trademarks.

Albright Patents are a UK Trademarks Company who can represent you before the British and European Property Offices, and file your Patent, Trademark and Design Applications in a cost-effective way.
We can prepare, file and prosecute UK Trademark Applications at the United Kingdom
Intellectual Property Office (UKIPO) on your behalf. We are also qualified European Trademark Attorneys. In addition to filing and prosecuting Community Trademark (CTM) Applications, we specialize in opposition, revocation and invalidation proceedings before The Office of Harmonization for the Internal Market (OHIM).

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The War on Drugs Has Been a Failure

I again digress from being your DUI lawyer of Palm Beach to that of a simple citizen. In 1971 former president Richard Nixon declared a War on drugs, referring to drugs as public enemy No. 1. In 1973 Nixon created the Drug Enforcement Agency (DEA). In 1971 there were 140 individuals for every 100,00 who were incarcerated. By the time Nixon resigned three years later there were 150 individuals for every 100,000 who were incarcerated. One can conclude that Nixon's declaration of a war on drugs resulted in this increase in the rate of incarceration.
In 1978, the United States had a prison and jail incarceration population of 452,790 with the overall U.S. population of approximately 223,000,000.  In 1980 Ronald Reagan was elected to the presidency. In 1981 the inmate population was 555,114. The overall U.S. population was 230,000,000. In 1984 Nancy Regan launched her "just say no" campaign. Between 1981 and 1984 the inmate population soared from 555, 114 to 681, 122. The rate of incarceration continues to rise year after year, decade after decade. In February, 2008 the New York Times reported that 1 out of every 100 adult Americans are incarcerated. The prison population was reported as 1.6 million with another 723,000 in local jails. Blacks have the highest rate of incarceration with 1 out of every 9 black men between the ages of 20 and 34. Hispanics also have a high rate of incarceration. Many of the incarcerated have been convicted of drug offenses. Approximately 60% of all Federal inmates are drug offenders! A mere 3% are classfied as violent offenders.
According to the National Organization for the Reform of Marijuana Laws, 6 million individuals were arrested for marijuana charges. Consider for the moment the cost both in terms of dollars and the individual costs of these arrests. Everytime a cop makes an arrest for marijuana, it takes him off the street for a period of time. This is time that could be spent in pursuit of violent crime. Consider the waste of human kind? That is, the individuals who are imprisoned for a non-violent drug offense! Wouldn't it make more sense to put the tax money into education and employment opportunities? So why do we continue this so-called "war on drugs"? I would suggest that you follow the money. You see it is a big business. This country spends billions upon billions of dollars each and every year on this "war". Law enforcement agencies are the recipients of this tax payor funded largess as well as rehab facilities and programs, doctors, social workers,  probation and parole officers etc. Of course, don't forget the politicians who rail against the evils of drugs as they run for office. Often this "railing" is nothing more than an attempt to scare their consituents by demonizing a particular group.
You see all the foregoing I listed in the previous paragraph have a vested economic interest in seeing that the "war on drugs" continue. Not to mention the liquor lobby with it's billions. Can you imagine for a moment if marijuana were to be legalized? A plant that can be grown in one's backyard,that delivers a feeling of euphoria,just might hurt the liquor industry.
I am of the opinion that it is time to legalize marijuana and to give serious thought to the legalizization of other drugs. This would result in a immediate decrease in the number of individuals who are arrested and therefore an immediate decrease in the amount of funding needed to maintain the "war on drugs

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Criminal Law Amendment Bill, 2010

The proposed Criminal Amendment Bill, 2010 is patently "anti-men" and is should be opposed by men. Draft amendment bill is available here:
http://mha.nic.in/writereaddata/12700472381_CriminalLaw(Amendment)Bill2010.pdf
Proposed Section 375 defines "Sexual Assault" as,
"A man is said to commit "sexual assault" if he –
(a) penetrates the vagina, the anus or urethra or mouth of any woman with
(i) any part of his body; or
(ii) any object manipulated by such man
except where such penetration is carried out for proper hygienic or medical purposes;
(b) manipulates any part of the body of woman so as to cause penetration into the vagina, the anus or the urethra of the offender by any part of the woman's body;
(c) introduces any part of his penis into the mouth of woman,
under the circumstances falling under any of the following six descriptions:-"
Thus the definition of "sexual assault" is gender biased against men. It says three things-
A. Sexual assault can be committed only by "Men".
B. Sexual assault can be committed only against a "women".
C. There cannot be any sexual assault by a woman or against a man.
There is no reason to keep such laws of sexual assault gender biased as incidents of sexual assault against men are known and widely reported. The proposed law is merely another anti-men legislation by the Government of India.
The definition of the crime is very wide. Thus if a man puts his finger in women's mouth, it is an offence punishable with minimum sentence of 7 years. However, if the same act is done by a women against a man, it is not an offence at all! Why this gender discrimination? Why the society is out there to enslave men by passing more and more anti-men laws? What wrong men have committed for which society is punishing him?
Sexual intercourse by a man without consent of a women is sexual assault. But the same is not a sexual assault if a women do sexual intercourse with a man without his consent. It is argued that women cannot force a man to have sexual intercourse without his consent! The argument is fallacious and there are reported incidents of such sexual assault on men. Further when a man's consent is taken by coercion, threat, fraud, by administering drugs or narcotic substances, consent of a minor or insane man! Why the law is hell bound to deny any avenue to justice to men who has suffered sexual assault.
It is argued that number of cases of assault on men is less. Merely because male victims of sexual assault is in minority can be no reason to deny justice to men.
Even in case of minor, a women having sexual intercourse with a minor male is not an "sexual abuse of minor".
Section 376C(1) defines sexual abuse of minor. It says that "A person is said to commit sexual abuse of minor against the minor under the age of eighteen years if the person:
(i) Penetrates his penis into the vagina, anus or urethra or mouth of the minor
(ii) Manipulates any object or part of his or her body or that of the minor so as to cause penetration into the vagina, the anus or urethra or mouth of the minor with or without the will or the consent of the minor.
Looking at the proposed definition, it is clear that a man having sexual intercourse with a minor girl is sexual abuse, however a women having sexual intercourse with a minor boy is not a sexual abuse, because in this case nothing is penetrated in the vagina, anus, urethra or mouth of the minor!
Men need to understand such nuances in the proposed legislation.
A new Section 53A is being introduced in the India Evidence Act, which says that, character of the victim is irrelevant in deciding the question of consent. It is not known as to how the question of consent is to be decided is not known. Further, the law proposes that the cases shall be as far as possible shall be investigated/tried by women. Thus through this legislation, a law is being enacted which makes gender biased penal law to be implemented by gender biased state machinery.
Various studies suggest that numerous false cases are filed alleging rape. Various studies suggest that a very large percentage of such allegations are false. Many such cases have also been reported in India media.
http://en.wikipedia.org/wiki/False_accusation_of_rape
Despite such evidence, the proposed amendment squarely ignores any of these concerns. On the contrary proposed amendment various changes in law, procedure and evidence is being made to promote more such false allegations, to promote more extortion from men, to make is more difficult to get justice for men.
Since ages men are dying to produce food and security for everybody in the society. And now it appears that society does not need men. Through various laws, society is making dangerous for men to live. In today's world, it is greatest sin to be born as man. A man is punished for whole life merely because he was born as a man. Various suicide statistics shows that more and more men are committing suicide due to such gender biased attitude of the society and law.
Such law is coming after Law Minister promised that all laws shall be made gender neutral in four years. Just after the promise, women reservation bill was presented in the parliament. What is a gender neutral law? Women Reservation in parliament is a gender neutral law? Declaring men to be sex assaulter is a gender neutral law? Not protecting minor males from sexual intercourse by women is a gender neutral law?
The proposed amendment should be opposed because it is "Anti-men".

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The Risk of Ignoring Collection Notices

An article published yesterday in the Sun-Sentinel "Companies filing more lawsuits over credit card debt in South Florida" really spells out what I tell potential clients every day; if you ignore it – you're done – they will sue you.
People are frustrated, they simply can't pay and assume that collectors can call them all they want but if I don't have it there's not much they can really do. This sort of assumption makes a bad situation even worse. Creditors and their collection companies have come to the realization that they now have to sue individuals to get their attention, which they are doing and it's unfortunate.
And while the recession has increased the number of debtors, companies are also getting much more aggressive about collecting.
Small claims courts in Broward and Palm Beach counties are reporting a spike in the number of cases against debtors, who typically owe less than $4,000.00.
Some judges say they are handling more than 25 such cases a week, compared to just a handful a few years ago.  On a recent Thursday in Judge Gregory Keyser's small claims courtroom in West Palm Beach, more than half of the 50 pre-trial hearings were credit card cases. In Broward County, Judge Steven Deluca said a review of a recent Monday docket showed, he had 49 cases and 73 percent of them are credit card cases.
And here's another example; Collection Company's such as Asset Acceptance, a Michigan-based company that buys debt from credit card issuers, filed only about 250 cases in Broward County during 2007 and in 2010 it filed 938 cases, more than three times the amount.
Additionally, not all debt cases go to small claims court. Debtors need to know that when a debt is valued at more than $5,000 it goes to civil court, where legal representation is especially needed. Filing a lawsuit doesn't always guarantee collection, but when defendants don't show up or can't pay, which is usually the case, the company gets a judgment.
So what if I have a Judgment against me, I can't pay, it doesn't mean anything, right? Wrong! If a judgment is entered against you by a court, your wages, your bank account and other assets may be taken from you to pay the judgment. And in Florida, a judgment is good for 20 years after it is filed with the clerk which means that the person or company who obtained the judgment can collect on that judgment for up to 20 years or until it is fully paid.
If you are one of the many individuals struggling to make your payments, don't ignore it – it's not just going away! Seek the advice of an experienced debt relief attorney – know your options and understand your rights. Most attorneys, like me, will offer you a free initial consultation. So you have nothing to lose – but everything to gain.

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Choosing A Qualified Bankruptcy Lawyer In Chicago

When an individual or a company is suffering from financial related issues they should look at the best available option while filing bankruptcy. Bankruptcy laws provide individuals and organization protection from debt and help to build a financially stable future. A serious matter like bankruptcy will require skilled and knowledgeable lawyers who can provide the right kind of legal representation that you deserve. A well experienced bankruptcy lawyer in Chicago will make sure that the bankruptcy filing process flows smoothly, when you file for either chapter7 or chapter 13 bankruptcies.Important points to help you choose a well experienced and qualified bankruptcy lawyer in Chicago.The important points to help you choose a well experienced and qualified bankruptcy lawyer in Chicago who are helpful and organized and can make you feel better and comfortable during the entire process of your legal service.
Here are a few points that can help you to hire a qualified bankruptcy attorney:
1.        Certification: Verify that your bankruptcy attorney has earned any degree or certifications specific to their law practice.
2.        Experience and Workload: Get information regarding how long your attorney has been practicing bankruptcy laws. How many cases has your attorney handled before and succeeded in those cases.
3.        Cost: While hiring bankruptcy attorney, make sure he offers you free consultation. It will allow you to evaluate how the bankruptcy attorneys are suitable for your financial needs before hiring them.
4.        Office Visit: You should also visit the bankruptcy lawyer in their own office to get a feeler regarding their practice functions and you should feel comfortable in the environment.
Apart form these you should also take advice from individuals you know who have used attorney services for filing bankruptcy. Chang & Carlin LLP is a leading bankruptcy law firm based in Chicago, IL specializing in various types of bankruptcy related cases. They have been involved in thousands of bankruptcy matters, representing debtors. Their qualified attorneys provide the legal representation you deserve in a Chapter 13 or Chapter 7 bankruptcy in Chicago, foreclosure services, and residential real estate legal issues.

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Juvenile Crimes and the Criminal Justice System

Juvenile law is an area of criminal law that deals with persons not of age being held responsible for criminal acts. Family court deals with juvenile delinquency. Unlike the criminal justice system which punishes adult offenders, the primary goal of the juvenile justice system is seeking rehabilitation. While juveniles under the age of 16 may be accused of the same crimes as an adult, with few exceptions, these cases are handled in family court. The court will consider more than just the crime involved, but will look at a juvenile's family circumstance and school records and take all these matters into consideration in formulating an appropriate disposition.

The most common charges filed against juveniles are robbery, assaults, drug abuse, vandalism, burglary, petit larceny. Penalties for juvenile crimes can result in incarceration at a juvenile detention facility, a rehabilitation facility, probation, community service or an adjournment on contemplation of dismissal. If the defendant rejects a disposition, he certainly has the option of a trial. In the family court, there are no juries. The judge decides innocence or guilt and then rules accordingly.

A child who is charged with committing a crime, with habitual truancy or with incorrigibility comes within the jurisdiction of the juvenile delinquency court. The purpose of the Juvenile Delinquency Court is to protect the child, give guidance, punish children who commit delinquent acts and to protect the community.

The legal process begins after the initial arrest of the individual. Arresting officers may allow the child to go home to the parent, refer the child to a community agency or require the child to return to the Police Department or Probation Department. On many occasions, they give the parent and child a notice to appear in court or detain the child in Juvenile Hall or "In Custody." Under certain circumstances these will vary, depending on the probation officer. During this time, based on the severity of the situation, parents seek professional legal assistance of an attorney who has experience with these legal matters.

Whether your child is facing a misdemeanor or felony charge, it is imperative to retain an attorney who is experienced with juvenile offenses and who will protect the legal rights of your child and explain your rights as a parent. After all, your child's future is on the line. A competent attorney can guide you through the criminal justice system and actively deal with the situation.

Rudolph Migliore, more commonly known as Rudy, is a well-known attorney with over 32 years of experience. Rudy has made Suffolk County, New York his home since 1963. Rudy is well aware of the importance of family, the everyday challenges families face and the need to provide guidance for all members of the next generation to ensure the brightest future possible.

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What Is Double Jeopardy?

Double jeopardy is something that gained a fair bit of fame through the movie of the same name, but many people are not sure what it actually is or what it means in a legal setting. The basic idea is that a person is protected by the Constitution of the United States of America from being tried twice for the same crime. If they have gone on trial and been acquitted of a crime, and if there has been a final judgment stating that they are not guilty of any wrongdoing, they cannot then be taken to court again to get a new trial. They are free to go.

Why Is This Done?
There are a few reasons that this is done. First, it is to prevent a person from being punished for a crime twice. If they were sentenced to two years in prison and served their time, it would not be fair for a jury to decide that they deserved more time and sentence them again. Second, it is to protect people from being taken to trial repeatedly by someone who is convinced of their guilt when they are really innocent. Once the trial is over, they deserve to be allowed to put the incident behind them.

Is This A Loophole?
There are some situations in which this is viewed as a loophole in the justice system. If a man was said to be not guilty of a murder, for example, he could not be taken back to court later even if some bit of new evidence turned up -- such as the murder weapon with his fingerprints on it. This is why the police are so careful to have all of their evidence before the trial starts. While this does mean that a guilty person could go free, this is generally considered to be a better option than the alternative, especially since this happens so infrequently.

Are There Exceptions?
There are exceptions to this rule. There has to be a final judgment for it to go into effect. If there is a dismissed case because of lack of evidence, they can still be charged when evidence surfaces. If there is a mistrial or a trial that is deemed to be fraudulent, they can be tried again. This is to keep guilty people from bribing judges to get a ruling that will then protect them forever despite the evidence.

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How The Minor Offences Act Appeals May Help You

Not all crimes are equal under the law. A summary offence is considered a less serious, or even petty crime. In Canada, these criminal actions are known as summary conviction offences, because there is no distinction between some felonies and a misdemeanor. An appeal of sentencing or conviction related to these lesser charges is possible through the Minor Offences Act appeals.

This type of legal procedure does not include some of the more serious felonies such as murder, rape and burglary, which usually require a trial by judge and jury. Lesser crimes, however, usually do carry a smaller fine or less prison time. Non-violent offences happen when a defendant does break the law, but not necessarily in a way that is violent or causes danger to others.

Specifically, such crimes can include simple marijuana possession of a small amount, with no intent to sell. Another kind of less-serious offence includes shoplifting, which is often committed by young people with no previous criminal history. Pressing charges is usually up to the shopkeeper. An appeals court will take into account the type of crime, background of the offender, or possible previous sentences.

Other broken laws falling into this category include some traffic infractions. Most of us have gotten traffic tickets for various infractions, and many are issued over what may seem to be trivial broken rules. The consequences of a history of multiple tickets can have a serious effect on future limits to driving, however, and they will always be noted in driving records accessed by possible future employers.

These and similar offenses do not require an arrest warrant, yet some of the sentences imposed include a short amount of prison time, in addition to a sizable fine, depending on the accusation. The maximum sentence for a summary conviction offense is six months of prison, and a fine not exceeding $5000, or both. Regardless, a person accused of even one of these lesser broken laws usually needs to have legal representation.

An appeal in this instance does not simply mean that a suspect wants to get the opinion of another judge and jury. It does not even mean that the decision was wrong in the eyes of the defendant. What it has to mean is that there were factual, specific errors made in reaching that conclusion. An appeal may question the conviction and sentence that may have been based on those errors.

When the conviction or sentence involves a lesser offence, summary convictions may be appealed to whichever "superior court" is utilized by a specific Canadian Province. The names of these courts differ, but their purpose is generally the same. If the appeal to the superior court is unsuccessful, then further appeal can be made through the highest level of court in a specific province, usually called the Court of Appeal.

An experienced lawyer is necessary to begin the appeals process. To reverse a conviction under the Minor Offences Act appeals, the question must be overturned by issues of law alone, not simply opinion. Without experienced representation, simply sifting through the legal documentation may be impossibly challenging. After the judge is presented with and reconsiders all the arguments, he or she will issue an opinion which may include dismissal, acquittal, a new sentence or differing penalties.

READ MORE - How The Minor Offences Act Appeals May Help You

What To Do If You Are Falsely Accused Of Sexual Assault

Women fall victim to sexual assault nearly every minute of every day in the United States. There is no age limit, and even if somehow the actual act is avoided, the violence alone is enough to traumatize and humiliate you. Police departments may mean well in their investigations, but many victims are left feeling vulnerable and somehow guilty after the fact. The sheer volume of unsolved and unsubstantiated cases, especially in large cities across the country, grow every year, and the list of people falsely accused of the crime grows every day when overworked investigators try to get dangerous criminals off the street. If this happened to you, would you know what to do?

Reasons Behind False Accusations

Sexual assault is defined as forcible sexual congress against an unwilling partner. This charge covers rape, attempted rape, statutory rape, assault with intent to rape, and sodomy. During an investigation, the sexual history of the victim is examined, and DNA samples taken, if possible. Anyone known to be among the victim's association will be investigated, and asked for DNA samples. This is standard operating procedure for any sexual crimes unit within law enforcement.

Where the false accusations come in are in those cases where no assault was actually committed, or cannot be proven. Too often, a participant in a one night stand has second thoughts about the affair, or a parent lodges charges on behalf of an underage girl against their of age boyfriend, regardless of whether they believe the sex was consensual. Still other supposed victims may have mental disabilities that lead them to believe that someone they feel is attracted to them committed the crime as the result of a fantasy relationship. It is these types of scenarios that lead to genuine victims not being believed when they are truly assaulted.

What To Do If Accused

If you find yourself facing such charges, your first step should be to retain an experienced criminal defense attorney. Cooperate fully with law enforcement, even to the extent of giving up DNA samples. Be completely honest about your sexual history when asked by investigators, because any hesitation on your part could be perceived as guilt on your part. Chivalry and a desire to protect any female associations will not save you in this case, and fully cooperating with law enforcement, and your attorney, will help to mount the best defense possible.

This is one of the most serious felony charges possible, short of murder, that can be lodged against anyone. Penalties include jail time, and an automatic registry in the national sexual offenders watch list. An experienced criminal defense attorney can help you avoid all of this, and with your cooperation, can get you through the trial to follow, if prosecutors decide to go ahead. The investigations leading up to this moment are extremely personal and invasive, and you must be prepared to deal with it, without giving in to stress and anger.

Defense Strategies

Because of the nature of the crime, defense tactics will be more personal than you may be prepared to deal with. The number one defense against this type of charge is to attack the accuser, and break down their accusations against you. Your sexual history may become public record, as well as any and all liaisons you may have had recently, and in the past. This can be very embarrassing, but it may be necessary, in order to mount an effective defense.

Your attorney will also have to refute any medical evidence presented by your accusers. If you have had consensual sex with the alleged victim, you must be honest about it. Your habits of sexual aggression will be examined, as well as your mental state, periods of anger, and your character. Sexual assault is not an easy charge to deal with, and a good defense can get ugly at times. Due process requires that you be able to effectively defend yourself, and the aftershocks of it all may not be as easy or as neat as portrayed on television.

READ MORE - What To Do If You Are Falsely Accused Of Sexual Assault

Criminal Offenses and Defenses

In one of my "let's pretend to be intelligent" movie nights, I decided to nitpick on The Godfather. Tough luck, I just got confused. Heck, I didn't even know that local or what you call state crimes are a wee bit different from federal crimes in as far as court procedures go.

What's a state or local crime? Simply put, if you do something that goes against the law of the state you're in, then you're considered to have committed a state or local crime. Take note that not all violations against the law are considered as a crime, but you'd still be accounted for it with a corresponding charge. Follow up question; how would you know if it's already a crime? Duh..! Go to the FBI (I'm kidding). Generally a lot of state crimes are the same in concept in most states. They mostly differ in penalties and punishments.

There are 2 main classifications of crimes; felony and misdemeanor. Samples of felony include homicide (someone got killed), kidnapping, serious assaults, theft, and damage to property and computer crimes (hackers beware...). Don't practice yet holding two iron bars while pressing your face against them jail bars as most of these charges are eligible for you to get bail which is in essence a bond that you will show up in court? How much? Depends on the gravity of the charge and the state it was committed in.

The other classification of crimes is misdemeanor. Samples of which are harassment (you got caught stalking), 3rd degree assault (you hit your neighbor while daydreaming), telephone obstruction (you kept on calling your ex because you can), assault and battery (you attacked your neighbor and bit his ear), possession of drugs (or even just drug paraphernalia), false imprisonment (you told your boss that he cannot leave his office because wife and mistress are outside looking for him when actually they're not), theft (you banged on the vending machine and took the soda that popped out without paying), and destruction of property (you banged on the vending machine, period). What will happen if you get charged with a misdemeanor? You'll most likely be slapped with probation, probably made to pay fines, and or complete classes or treatments, and sometimes serve jail time.

How do you defend yourself when charged with a crime? There are more than a couple of tried and tested defenses. Alibi, self defense, mistaken identity, insanity, wrong facts, and intoxication are just some of the defenses that have been used by lawyers in court. A good criminal lawyer is what you need. If your lawyer knows what the King Kong defense is, you're in good hands. See you in court!

READ MORE - Criminal Offenses and Defenses

What Are The Differences Between Criminal And Civil Law?

Criminal law is a set of rules that defines conduct of people that is not within the norms of a state as it is made to or can endanger the safety and welfare of the public either with a threat or cause harm. It sets out the punishment to be imposed on those who violate laws or fail to abide by these laws. It is distinctive for the unique and serious potential consequences, penalties or sanctions it brings about for breaching the law. Criminal law is enforced by the state while civil law which may be enforced by private parties.

Criminal law has five objectives accepted for enforcement by punishment and these would be retribution, deterrence, incapacitation, rehabilitation and restitution. Retribution will in some way for the criminal to suffer as a consequence to the crime committed. Deterrence can be for individuals or in general to discourage them from acts of criminal behavior. Incapacitation is sort of keeping criminals away from the public to protect them from any misconduct. Rehabilitation, sometimes also termed as correctional, has the intention and aim of transforming an offender to a decent and valuable member of the society. Lastly, restitution is more on leaning towards compensation for loss or damages suffered by a victim. Different jurisdictions can have different values placed on each.

Civil law is a system of law that was codified under Emperor Justinian in his desire to make the Roman law a simple and clear system of laws and now the basis for many modern systems of civil law. In general, based on the Wikipedia definition, civil law is the body of law dealing with the individual relations or among members within a community. It is based on the principle that all citizens must have access to it and a publication of the laws which apply to them and which judges must follow.

Compared to criminal law, civil law encompasses the likes of civil code, family code, and child and welfare code. It deals with private disputes between private people or organizations. Most number of civil cases involves the "tort law" that protects a person from bodily harm and injury, loss or damage personal and infringement of intellectual property or rights, and reputation of an individual. Tort is referred to as legal wrongdoings that may compromise or damage those. Often punishment is in the form of compensation of loss or monetary damages caused the wrongdoing.

In some cases, civil courts also may issue an injunction which would prevent or forbid someone from change of name or legal status in terms of divorce. Restraining order of a court is similar to this that prevents someone to do some acts.

Civil liability can also flow from a defendant found not guilty in a criminal case. The statute of limitations is also an alternative for criminal cases where prescription period has expired to sue for a civil case.

Some overlap might be seen with tort law and criminal law. The main difference is, in tort law, it allows a victim to demand a suitable remedy to his or her satisfaction, while in criminal law the objective is to punish the offender for his or her action. A criminal court though can seek for or help the victim sue for damages for remedies as compared to a civil court that is limited to the satisfaction of offended parties' demands.

It will be worthwhile to note that some civil offenses can turn to criminal offense like when a traffic violation ticket requires the offender to appear before a court to clear the offense. Failure to appear in court will constitute a criminal offense that can result to an arrest. That is the thin dividing line between civil offense and criminal offense in cases like this.

Criminal law involves clients who are being prosecuted by the state or federal government after being arrested and charged with either a misdemeanor or felony offense. If you're facing a criminal or civil offense

READ MORE - What Are The Differences Between Criminal And Civil Law?