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MSW Landfill Inspection Checklist Mobile App
Is the site being operated in compliance with the regulations provided in the MSW Landfill Inspection Checklist mobile app?
How does it work?
Use the app to denote compliance status and indicate if a violation has been noted. This app is not all inclusive of regulations applicable to residual solid waste landfills. The app covers License, Operating Record and Operational Criteria.
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The 35-year-old woman, identified only as Hanna, secretly delivered a full-term boy in a pit toilet near her house, police say.
Detectives believe she let the child fall through the drop hole on purpose while trying to get rid of him.
In a video clip, Hanna can be heard saying while explaining herself to police officers: 'I felt pain in my abdomen and went to the toilet.
'I was sitting on the loo when I felt that something fell out of me.'
After giving birth, Hanna cut the umbilical cord at home, leaving the newborn to drown in faeces, according to reports.
There is a high likelihood that the child was born alive, investigators say.
The baby's body was left in the pit for a day, before the mother asked a next-door neighbor to pull it out and bury it in the woods, according to police reports.
Images show a wooden cross which was installed by the neighbour, named Ivan, on the baby's shallow grave.
Hanna, who reportedly left her newborn son in the toilet 'without checking if it was alive', told the 61-year-old man that she had delivered a stillborn child.
Ivan told local media: 'She [Hanna] said she delivered a dead baby. Asked if I could pull the body out of the toilet so we could bury it.
'I got it out. Washed it. Wrapped in cloth.
'Then we went to a site in the woods where I dug up a grave and buried it.'
Hanna's neighbours in Sumy region called the police after noticing her belly had become flatter and smaller but there was no baby around.
Sergey Titenko, the chief of Seredyno-Budsky district police department commented: 'Residents of a village located in the district reported the mother to the police.
'Investigators established the woman gave birth to a baby boy in her toilet and left him in the cesspit.'
Law enforcement has launched a criminal case for premeditated murder against Hanna, who could not tell her baby's gender during an interrogation.
Forensic examinations to determine the exact cause of the boy's death are underway.
The woman reportedly kept her pregnancy secret and did not register it at local medical institutions, authorities said.
She said: 'I did not want this child. I don't even know who's its father.' The mother faces up to five years in prison if convicted.
The investigation continues.
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48. There are four amendments to the Constitution about who can vote. Describe one of them.
48.宪法有四条关于何人可以投票的修正案 。描述其中的一条 。
Answer: Citizens eighteen (18) and older (can vote).
You don't have to pay (a poll tax) to vote.
Any citizen can vote. (Women and men can vote.)
所有公民都能投票 。（男女都能投票 。）
A male citizen of any race (can vote).
Explanation: Voting is one of the important rights (or freedoms) that Americans have, but not everyone can vote.
The Constitution, which is the most important legal document in the United States, has 27 amendments (or changes or additions to the Constitution that have been approved by the voters).
Four of these amendments are about who can vote.
Let's take a quick look at each of them.
The 15th Amendment was passed (or approved) in 1870.
It forbids (or doesn't allow) the government to use race (or skin color) in deciding who is eligible (or has the right) to vote.
Before this amendment was passed, many states did not allow black or African American people to vote in their elections.
The 15th Amendment made that illegal (or against the law).
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The United States Department of Labor (DOL) issued its final rule increasing the minimum salary test that a worker must meet in order to be classified as exempt under the Fair Labor Standards Act ("FLSA"). The rule increases the federal minimum salary level to $35,568 effective January 1, 2020.
Beginning July 1, 2019, the following cities and counties must increase their minimum wage.
The Department of Industrial Relations has issued a notice reminding employers of the upcoming minimum wage increases. Under legislation to increase the minimum wage to $15 per hour over time, California’s minimum wage will increase on January 1 to $12 per hour for employers with 26 employees or more and to $11 per hour for employers with 25 or fewer employees.
The state minimum wage will increase on January 1, 2019, to $12 an hour for employers with 26 or more employees and $11 an hour for employers with 25 or fewer employees. Because of this, the minimum salary for the administrative, professional and executive exemptions will also increase.
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WESTPORT, Conn. -- Stew Leonard Sr., the founder of two celebrated Connecticut dairy stores, was released from a federal prison last week after serving 44 months of a 52-month sentence for tax fraud.
Leonard, 67, was scheduled to be released from the Schuylkill Federal Correctional Institute in Minersville, Pa., Oct. 21. However, a federal statute allows prisoners who have served most of their sentences to spend the rest of their sentences in a halfway house or home confinement.
According to a family spokesman, Leonard is assigned to home confinement, and he will be allowed to work. However, the spokesman did not know Leonard's work plans, or what role, if any, he will play in the company. Leonard could not be reached for comment. However, he issued a brief statement that said, "Mistakes were made. A price had to be paid for those mistakes and I paid it."
Federal prosecutors said Leonard and a group of collaborators used a sophisticated computer system to skim $17.1 million off the books at his Norwalk, Conn., store between 1981 and 1991, in an effort to avoid paying $6.7 million in federal taxes.
In a July 1993 plea bargain, Leonard pleaded guilty to one count of income tax fraud and was ordered to pay $15 million in taxes and penalties and a $650,000 fine. In October 1993, he began serving a 52-month prison sentence.
Leonard's brother-in-law, a former store executive, was sentenced to 41 months in prison and ordered to pay $152,000 in fines. One employee was sentenced to 18 months in prison while another was sentenced to two years' probation for their roles in the scheme.
Tax problems have also haunted Stew Sr.'s son, Tom Leonard. As previously reported in SN, Tom Leonard was indicted in April on a number of tax charges. In a five-count indictment handed down by a grand jury in U.S. District Court here, Tom Leonard, who lives in England, was accused of diverting gross receipts and understating total receipts for the Danbury store in 1992, 1993 and 1994, and underreporting his and his wife's income for 1992 and 1993. He has pleaded innocent.
The two Stew Leonard's stores, in Norwalk and Danbury, Conn., have become the stuff of retailing legend, with their world-famous customer service and attractions such as costumed employees, a petting zoo and singing robots.
Stew Leonard Jr., who has been running the Norwalk store since his father went to prison, was said to be mulling a third store on a 50-acre plot he owns in Orange, Conn. But that plan has met with opposition from local residents who fear the new store would create too much traffic. He is now seeking approval to level the parcel in order to start a vegetable farm. The family is said to be looking at West Haven, Conn., or Westchester County, N.Y., as potential sites for a new store.
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They've followed Canada's RCMP in classifying tar sands opponents as threats to national security and fair game for intense surveillance.
"National security" means "things the government of the day would like to get done," not "threats to the nation." When politicians conflate their whims and campaign policies with the very existence of the state, they become dictators-in-waiting.
On the contrary, in fact: as an FBI document published last week by the Guardian and Earth Island Journal demonstrates, the FBI has monitored members of Tar Sands Blockade, an organization trying to stop the Keystone XL Pipeline because its members believe it would mean "game over" due to climate change. Part of the FBI's justification was that the "Keystone pipeline, as part of the oil and natural gas industry, is vital to the security and economy of the United States."
According to the Guardian, FBI files show it conducted an investigation into Tar Sands Blockade members in which the Bureau "collated inside-knowledge about forthcoming protests, documented the identities of individuals photographing oil-related infrastructure, scrutinised police intelligence and cultivated at least one informant."
The Guardian adds that "the documents connect the investigation into anti-Keystone activists to other 'domestic terrorism issues' in the agency and show there was some liaison with the local FBI 'assistant weapons of mass destruction coordinator.'"
FBI Invokes National Security to Justify Surveillance of Tar Sands Protestors [Alleen Brown/The Intercept]
(Image: Keystone XL Pipeline Protest at White House,
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Officials from FIFA were expected in Ghana on Thursday, June 21, ahead of a meeting with the Minister of Youth and Sports, Isaac Asiamah to discuss the way forward for football in the country following government’s decision to dissolve the Ghana Football Association.
The government is currently in the process of dissolving the GFA, but FIFA rules oblige member associations to manage their own affairs without any government interference.
The meeting between the two parties became necessary after alleged corruption on the part of FA officials including its former President, Kwesi Nyantakyi which emerged from the exposé done by investigative journalist Anas Aremeyaw Anas.
The embattled former GFA boss was seen and heard in the investigative piece describing how to make money from a proposed sponsorship deal from a supposed investor.
He also boasted of his relationship with President Nana Addo Dankwa Akufo-Addo, suggesting the president and his vice, Dr Mahamudu Bawumia, were susceptible to bribery, and that the two could be influenced with $5 million and $3 million respectively.
Nyantakyi is currently being investigated by the Criminal Investigation Department of the Ghana Police Service over a charge of defrauding by false pretense.
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Since: Feb 10
#66 Jul 13, 2013
Lynch, you are assuming again! You know what assuming does Lynch? Let me break it down for you, assuming makes an a.s.s out of you. LMAO
#68 Jul 30, 2013
You are harassing me. You are intelligent!
You state LIES! The list of individuals, including the City of Fitchburg, the FFD, The FPD and many others were put on a list of people I had agree not to sue. You are smarter than you put on.
You want to act highly intelligent and them dumb as a stump when common sense thinking is applied!
This deal was a strong arming straight out of the GOOD OLE BOY HANDBOOK! Look at the list of names and entities! Why put together such a list????? Why?
Because they did me wrong and people were going to be held accountable for it!
THEY POINTED TO 1992 AS THE ONLY REASON FOR THIS ENTIRE SITUATION!!
THE RMV POINTED TO 1992 AND THE PHONY FITCHBURG CASE AS REASONS FOR TAKING MY RIGHT TO DRIVE TAKEN AWAY!
Maybe someday you will have the courage that I have had to stand to such POWER!!!But until that day you will remain an anonymous COWARD!
#69 Jul 30, 2013
You're pretty funny. But they still took your license, didn't they? So they were right and you are wrong.
#71 Jul 30, 2013
They took my license? How cute!!! What is your standing? Do you believe in the Constitution?
Keep protecting the corrupt! Just because you know them?
How do you feel about an officer filing a false report? Can you answer with honesty??
Come on Nancy, answer truthfully or can you?
It all depends on if the person is an undesirearable???
This is a good thing in society ,huh??
Our lt governor drives at 108 miles an hr on an icy rd flipping his car and he is driving today,huh??
These are the likes whom you protect!
#72 Jul 30, 2013
Your type has succeeded on one thing, fucking the entire system up through your improper labeling of everyone else besides who you know??
Do you know who Sandusky is? He raped young boys and people like you protected him from being caught while putting other helpless boys in harms way!!!
Feel proud , Nancy!! Corruption along the lines of NAZI Germany ruled the day and took my license. Feel good!
Say Heil Hitler Nancy because that is who you support! You have to answer to God for your nastiness as well. Maybe God is "colored"???
#73 Jul 30, 2013
Driving is a privilege. Yes folks, we have privileges in a free society!
This is 100% wrong! A driving license is a right once you pass the safety course. But the corrupt government enjoys not having to follow the Constitution by labeling it a "privilege"!
This is why everything attacks the citizens driving license now because they have the protection to be able to violate and not even have to abide by Constitutional protections.
But don't be too happy donkey as they are about to take your license, LMAO!
You are so comfortable with other citizens having their rights violated?
Even though the license is a privilege it STILL MUST ABIDE BY THE FAIRNESS DOCTRINE!!!!
Do you know the ONLY other privilege quoted in law is a PAROLE HEARING??
So, do you believe that the drivers license should be ruled on along with parole hearings????
Stand up for once!!! Stop standing up for corruption! Or are you involved in it? Did you take undocumented comp time?? Crook!!!
As I thought! It is Okay for you to steal tax money but dam those welfare recipients,huh?? Thought so!!!
#75 Jul 30, 2013
Explain to us how the RMV did not follow the Constitution during your hearing. And kindly tell us the reason that your license was yanked to begin with. And is this permanent? No nonsense about the GOBN, please. Just the facts, as Jack Webb used to say.
So you went through this process. And I would assume you appealed. Now you assert that the RMV are fascists who don't follow the constitution. Am I correct so far? But the big problem with this, as with most of your nonsense, is that you are the only one that sees it this way. No one else in government, apparently, has agreed with your assessment. Just as you label people "corrupt" without pointing out any statutes that the police, mayor, or FSU president have violated, you can't point to a part of the constitution either.
None of this plays well with voters, by the way.
#76 Jul 30, 2013
WTF is your fairness doctrine Mr. Lynch? You yourself have admitted that you are not healthy enough to work. In terms that means you are not fit to drive. If you are fit to drive then you can be a pizza delivery boy. That's fair. I think you call it level playing ground.
#77 Jul 30, 2013
You claim you walk around knocking on doors all the time so there you go! It's a win win for you. You could knock on a door and say "Hi I'm running for President, Mayor, councilor, chief of police, and President of the glee club did you order a large mushroom pizza?". You earn some $$ and get to talk to potential voters.
#78 Jul 30, 2013
"Lynch, 42, of 48 Cedar St.,#2, is ordered to not commit any misdemeanor or felony crimes, to abide by any existing harassment orders, and to not publicly comment in writing about the officer, or the officer's family, in relation to the case. Lynch is also barred from pursuing civil action related to the incident against the Fitchburg police, JR's Pub or any of their employees."
This is from the Sentinel story. Notice that it says "Lynch is barred from pursuing civil action." No mention of you agreeing to refrain from suing anyone, as you have asserted. So if this was wrong, if the court did not specifically prohibit you from doing this, where is the clarification or correction? So the only conclusion that we are to draw is that you are not telling the truth. Again (And no mention of the FFD, by the way). And how about abiding by any existing harassment orders? Did the GOBN orchestrate this as well?
#79 Jul 30, 2013
So Lynch you hate everyone and you're going to press charges because Nazis are following you? Sounds perfectly sane to me.
#80 Jul 30, 2013
Ok, the Assistant Attorney General investigated and stated that my rights were violated. The hearing officer after hearing my side and reading all the reports stated, "I feel that the other driver should be in front of me today and not you and it seems like this officer has a personal issue". So he told me once the case was dropped in court then he would reissue my license at no cost.
The case was dismissed. The other driver stated, "I do not want to go any further with this situation but the state police will not let it go as they want these guys".
So, I went back to the RMV and the guy was removed from his position there and they will not tell me where he works of if he is still with the RMV.
So, I had another hearing but this time the hearing officer stated I am ruling solely from the State police report. She refused me to be able to testify. So, I appealed and went to the three person panel. At the beginning they stated that 99.9% of those in court were leaving there without a license. So I was called up. They stated the 1992 case and the current case in Fitchburg as reasons why my license should be taking and nothing about the incidence.
I attempted to testify and they stated that I was not able to and that only the other side could testify. They also added that I received a $100 ticket in 1985.
One member was from the AGs office, I stated to her that it seemed like she was versed on the case before the hearing. I explained that the AG was investigating and that it was conflict of interests for her to be there. I also explained that the FBI was investigating the Fitchburg incident.
So, they took it under advisement, they agreed with the second hearing officers' decision. They wanted me to go to a two day class and pay $500 for reinstatement costs. I appealed.
I paid $300 again to appeal to the court. The court was heldin Worcester. I put in a motion to strike the booklet that the AGs attorney filed. It was filled with double and triple copies. I had another persons driving record included and there were 30 blank pages. I also requested for the AGs attorney to be taken off the case due to conflict of interests. The judge stated that I could not argue the facts of the incident at all but only procedure.
The judge accepted my position and disallowed the AG to speak but he never made a ruling on the packet that they filed.
I explained in writing as well as in my testimony that the law was not being applied correctly as the reasons that I was there does not fall under the statute at hand. I also stated that I was not afforded to defend myself at any point in the process besides the initial hearing which was ruled in my favor.
So now you will state that I am stubborn. You will state why not just pay the $500 and the $200 for the class as I already paid $400 plus to appeal.
You know, when we lay down to such Nazi ways then we make a path for further injustices. The law to revoke my license without being afforded a hearing is against our Constitution.
What happened here is I appealed and was making progress as the AG was in my corner. And that AGs name was Allen. I spelled his name wrong and he chastised me for it, he was so straight laced. He was extremely professional as well. I have since been told that he is no longer in the civil rights division but they will not divulge where he is at.
I would need roughly $10,000 to hire an attorney who would be able to first overturn this law. This I am in the process of doing. I am also talking with State reps in an effort to be able to speak at the state house in opposition of this law.
I have been to Governor Devals office twice over this issue. I thought they he would be a champion of civil rights but have found out that he is just an opportunist. I campaigned for him and people would tell me as much then.
So, I have been without my license for roughly 4 years now.
#81 Jul 30, 2013
That's it, I have to ask you. Are you stoned? You are like stuck on dumb. There are no existing harassment orders as the judge denied them to continue. They were total nonsense anyway.
Just to state, this is a wider issue at hand here as the citizens in general are denied proper access to fairness and the government does not abide by the Constitution. It is all a sham and this is why the citizens do not trust government.
Look at the "leaker" American stuck in Russia as the US wants to prosecute him for whistle blowing on them. This is the same sort of BS but on a much bigger scale. That guy blew the whistle on Big Brother violating every Americans rights. In other cases the government protects the whistle blower calling them courageous heroes.
My main problem is that I believe in the Constitution as if it were bible. Americans died for this Constitution. And people are taking it as a slight when the government violates the peoples rights.
They want you to just follow and not speak out against injustice.
#82 Jul 30, 2013
Lets see if I have this correct. You have been banned from parts of the city including FSU and banned from using any road in the state or the country and it's all because cowards, pedophiles and nazis are out to get you? Ok that sure makes sense to me.
#83 Jul 30, 2013
Let me tell you, you are going to remember my name. I will make differences for all Americans.
Your compliance with such a corrupt government is a direct insult to all Americans who died for our Constitution. You minimalize their ultimate sacrifice for freedom and equality.
Under your view they have all laid their lives down for not. Respect the Constitution as if it was Bible!!!!!
Are you an American of a Nazi contributor?
#84 Jul 31, 2013
Of course you feel that they were nonsense. Of course you will say that the judge "denied them to continue." But the paper said otherwise. Which hasn't been challenged by anyone except you. So how many were there, anyway?
#85 Jul 31, 2013
OK. So you went through the whole process. And the RMV won't tell you where the hearing officer works, which should tell you that they don't want you harassing anyone. And you still don't have your license. Which means that the only person who feels that an injustice was done is you. Not surprising. But what was the incident that triggered this to begin with? What did the officer pull you over for?
#86 Jul 31, 2013
So, Lynch, in light of your statement above, let's compare it with one of your other posts:
So, fake (in your eyes only I would assume) or not, there were two restraining orders against you. And how many afterward? And, here's the key thing, the voters will only conclude that you are lying. About something. Won't they?
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Rockaway Park NY 11694 * September 11 2001 * * in the 32nd year of the Society "For God Republic and Society
Lockerbie Air Disaster: Twenty Years On
On 21st December, 1988, Boeing 747-121 blew up over the Scottish village of Lockerbie killing 243 passengers and sixteen crew members plus an additional eleven people on the ground killed by fire and falling fuselage. In all, the total death toll was 270. The plane was on a Trans-Atlantic route and had taken off from London only minutes earlier. Luggage had been transferred in Frankfurt and originally loaded in Malta. The investigation uncovered fragments of a Samsonite suitcase believed to have contained the bomb that blew up the aircraft and they believed it had been loaded on the plane in Malta. The suitcase also contained vestiges of baby clothes, which were traced to a Maltese shopkeeper named Tony Gauci, who claimed he could remember having sold the clothes to a Libyan, Abdelbasset Ali Mohammed Al Megrahi, only a few days previously. Megrahi had been on Malta on 7th December so this was the presumed sales date.
What was not known to the defense was that Gauci had seen a picture of Megrahi in a magazine connecting Megrahi to the bombing. Such is the human mind that one can confuse this with having met someone. Besides how many people go in a clothes shop to buy clothes in the course of three to four days? The Scottish police also failed to inform the defense that another Libyan man was seen making a similar purchase. The bomb timer was similar to that found on a Libyan Intelligence Agent ten months previously and could allegedly be traced to the Libyan military. The firm making the timer was Mebo and an employee, Ulrich Lumpert, on oath confirmed that a fragment of the timer corresponded to devices that had been supplied to Libya. This was in 1991. In 2002, Ulrich Lumpert confessed by affidavit in Switzerland to having lied. Edwin Böller, owner of Mebo, later stated that he had turned down $4 m. from the FBI to state that the bomb was of Mebo fabrication. This leaves the two key witnesses against Al Megrahi as extremely suspect. The Mebo employee admitted to lying and so his testimony falls away. It only leaves a fairly simple Maltese shopkeeper, who claims to have served Al Megrahi in his shop three or four days earlier. It seems no stronger than circumstantial evidence to convict Al Megrahi.
Moreover, in a film of 27th April 2009, film director, Gideon Lacy interviewed former FBI laboratory scientist, Fred Whitehurst, who described the FBI lab as a 'crime scene', where an unqualified colleague, Thomas Turman, would continually alter scientific reports. The timer was the only real piece of evidence against Libya and, when asked of the importance of the timer in convicting Al Megrahi, FBI Task Force Chief, Richard Marquise, stated, "It would be very difficult to prove. I don't think we would ever (have) had an indictment" (quoted from Wikipedia). However, we have just seen that Ulrich Lumpert confessed to lying about the timer at the trial. In 2001, an Appeals Court of five judges, all of them lords (no jury so similar to the Supreme Court) rejected Al Megrahi's appeal that there had been a 'miscarriage of justice' (the only grounds for appeal in Scotland) in his case. He was interred briefly in Camp Zeist (Holland), where he was in contact with an international observer appointed by the UN. This man, Hans Köchler, later called the case a terrible miscarriage of justice and began campaigning for it at the UN.
September 2003, Al Megrahi's lawyers appealed again, following two reports by Köchler, who now described the trial as a 'spectacular miscarriage of justice'. There was another appeal on 11th October 2007 Finally, on 25th July 2009, Al Megrahi appealed to be released from jail on compassionate grounds. On 12th August, he dropped his appeal and on 20th August 2009 was released. He had terminal prostate cancer and was being sent home to die. However, the question arises as to whether he was quietly released because he was becoming an ever-growing embarrassment to the British and American governments. Was Al-Megrahi guilty? The timer and baby clothes were circumstantial and possibly lies. Did the government 'lean' on the witnesses? Probably. Did they try to corrupt them? That possibility can neither be precluded nor proven. What seems a possibility is that when things were going badly wrong with the case and when Hans Köchler was pushing it forward at the UN, the British took the path of caution and quietly released Al Megrahi. Al Megrahi also took the path of caution and gave up his appeal. However, Libya admitted responsibility for the bombing and compensated the victims' families at $2.5 m. each. Was his act of contrition a payment for entering once again into the international conclave of nations? We will never know.
Then there is the BP theory. Earlier this year, BP acquired off-shore oil-drilling rights to Libyan oil and the release of Al Megrahi will have 'oiled' the wheels there. For what it's worth, my own opinion is that British and American Intelligence got the wrong man. They were so pressured into finding a scapegoat that they took what they could find. Al Megrahi was released before the world could discover what a terrible blunder MI 5 and the FBI had made due to political pressure to come up with a culprit. Much as we may deplore the plight of Al Megrahi, if indeed he was framed, we should not lose sight of the broader perspective. It seems the British and American Intelligence Services were out to catch a gnat. Would it not have been more courageous to draw the conclusion that the Libyan government and Muhammed Ghadaffi were behind the terrorist attack. The solution was not to find a scapegoat but to bomb the living daylights out of the enemy behind the cowardly terrorist attack.
SHOULD ARIZONA PASS LAWS DESIGNED TO CRACK DOWN ON ILLEGALS
Street Controls in Arizona
Recently, I moved my apartment in a small northern Danish town and already two weeks ahead of time, I was requested to register my change of address with the People’s Register (Folkeregister). It’s so for everyone. When I changed telephone companies, I was amazed that my new company’s computer could find my address without me needing to write it in, all by itself. Goodness knows who else knows all about me. Particularly in the wake of pedophile cases, educational establishments ask for a ‘clean criminal record’, which the police can give you in a matter of minutes and I assume banks and other commercial establishments make use of this too.
As a person of British origins, I am still rather shocked at these controls. Britain, like the States, requires people to fill in documentation on entering and leaving the country but has otherwise no manner of identifying them. Denmark is a peninsula with many islands and lots of points of entry. There is really nothing to stop Moslems importing terrorists in and concealing them in a net of Moslem connections. But all legal residents are registered.
The law in Arizona, whereby people on the street can be required to produce their papers is a disturbing departure from American liberties. In particular, there are many in the American south-west, who are of Mexican ethnic background. Some are in because nineteenth century treaties with Mexico re-drew frontiers so that ‘Mexicans’ became ‘Americans’ and others have also been resident for generations. They are now open to harassment on the streets while their blond, blue-eyed brethren are never troubled.
However, Mexico is in a state of Civil War. Drug barons have infiltrated the government and money and violence, corruption and lies have led to a breakdown of law and order. The war is largely financed by American dollars because too many Americans have a habit, which the Mexican drug barons feed on.
The drug cartels are moving north. Cocaine, crack, heroine, meth-amphetamine etc is crossing the border all the time. Criminals from Columbia, Central America and Mexico are entering the States illegally and – make no mistake – they are guerilla fighters, who know no other trade than urban warfare. Not only the south-west, but as far north as New York State, these hoods have established themselves and their evil trade in shattered lives.
In the case of war, civil liberties have to be surrendered. Why should peaceable citizens be subjected to body searches and general harassment at airports? Why should Hispanic thugs be allowed to overturn the American way of life and cause widespread police harassment to the people of Arizona? We have to fight the war against terror.
As yet, only Arizona has turned to extreme measures of control. Homeland Security might be a better answer. Is the systematic registering of the entire population as in Scandinavia, France, Germany and most European countries, the answer? The frightening death toll of drugs has to be dealt with. I leave it for my American reader to take time out to ponder the problem.
ARIZONA SHOULD HAVE THE RIGHT TO PASS ANY LAWS THE CITIZENS FEEL NECESSARY FOR THE GOOD OF THEIR STATE.
AWESOME DAVID LAWRENCE:
Should Arizona pass laws that require immigrants to display identification on request?
Yes. When I was twenty I was asked in both France and Spain to show my passport. Why not? I had nothing to hide. I was even kind of honored that they cared enough about me to want to know where I was from. I didn’t imagine that the French or Spanish were Nazis trying to shake me down. Perhaps, they were profiling me because I looked American. Good. American youth were druggy, crazy hippies at the time and they should have checked into me. The current fear of exposing your identity has to do with American’s no longer having an identity. We can’t even say we’re not Mexican. Everyone is the same. Everyone speaks Spanglish.
AWESOME DAVID LAWRENCE
Dr James Davies:
DON`T CRY FOR ME ARIZONA
No one cried for me when I had to comply with massive government documents and multiple sets of identification just to get to work.
Dr James Davies, DF
Arizona’s Activist Attacks
As one grows older fewer heroes emerge. Nevertheless I recently found a heroine- Governor Jan Brewer of Arizona. She stepped up to the plate and signed SB 1070 “making it a state crime to lack legal residency.” Imagine that? “The law also authorizes police to determine the status of people they lawfully stop and suspect are in the country illegally.” How brassy can you get? Almost sounds like Arizona is enforcing the law of the United States in absentia. Man does Arizona have a nerve. But that’s the problem. The federal government has failed to provide leadership in this issue leaving the states to do the heavy lifting. Time will tell whether Governor Brewer’s legislation will stand the test of time or prove to be her undoing for continued elected office. Depending on one’s politics Governor Brewer is revered or reviled. I’m not from Arizona but place me in the former category. SB 1070 is not a new initiative in regards to immigrant legislation. Colorado, Nebraska and Tennessee already have immigrant related laws. Legislators in S. Carolina, Pennsylvania, Minnesota, Rhode Island and Michigan have introduced bills similar to Arizona’s but the latter has become a lightning rod for liberals.
John Amendall: Arizona’s Activist Attacks continued col 3
AWESOME DAVID LAWRENCE:
THE OBAMA PROSE POEM OPERA IN THREE PARTS
Obama's problem is that he holds his chin too high. It makes him seem arrogant. He descends from a Kenyan philandering drunk father and a hippy, African loving black-boys-are-delicious mother. A lot to be proud about there. Maybe he feels if he keeps his chin up and his head back his parents will slide down his spine and disappear. Maybe he will get a new birth certificate that says he is the son of Louis XVIth and Marie Antoinette? Maybe he will ride a cyclone to a valueless universe near Oz while he leaves behind the American mess of his Marxism, entitlements and divisiveness? Maybe he won't be so high-and-mighty as he transforms the self-reliant United States into a nation of neediness and handouts.
MICHELLE, MY BELLE
Michelle Obama's hips are too big. Despite the mainstream press, she can't be Jackie O looking like that. She could be a basketball player or a lady wrestler. Forgive my bitchy gossip but you can't be classy if you can't fit in a chair. I mean where's she going to put those hips? Is she going to put them in her pockets? I don't want to talk about her ass but does she have a specially designed wide toilet? Not that looks matter. But they do. We all like good-looking women. Except the Bettie Friedan's and ugly feminists of the sixties. They would blind us rather than have us see the truth. Marc Anthony set a thousand ships to sail for Cleopatra's beauty. I don't even see a rowboat leaving the Central Park boathouse to celebrate Michelle Obama.
Obama is the exhaust pipe in my car. I don't own a car. I'd like to disown Obama. I do not want to live in naïve fields of socialism or George Orwell's "Animal Farm." I don't want to trade shares in the utopian derivatives of Communist ideas or derivatives of Mau and Stalin. I don't care that Obama recommends service for me and his flunkies while he wants to service us up to his own spoiled whims. I don't think I should join the Peace Corp to do volunteer work when Obama earned five million dollars last year. I don't envy people richer than me. I don't knock Wall Street when Obama praises millionaire movie stars. I don't want a meretricious black man to demerit all future black leaders. I'd like him out of there. I'd like him teaching idealized history to high school seniors in May when they are already past their need for college admissions.
If I was an immigrant czar, and President Obama has appointed numerous unqualified czars including a border czar, I’d push for Texas, New Mexico and California to follow Arizona’s lead. This would certainly make illegal immigration more difficult than it is. Coupled with SB 1070 a fully committed National Guard from the border states and the scope and magnitude of the problem would be significantly reduced. Alas major detachments of National Guard are presently pursuing President Obama’s Afghanistan War. That opinion may not be politically correct in some quarters, but liberals never hesitated to squawk about Mr. Bush’s Iraqi War. Liberals point to elitist thinking. Resistance to diversity. Confusion from conflicting state laws. And their favorite screed racism. Not to worry. The U. S. Department of Justice that bastion of perpetrator’s rights will straighten this out. It has filed a lawsuit to stop the Arizona law from taking effect July 29. The Department maintains that immigration policy is a national responsibility (that they haven’t addressed) and a “patch work of state laws that will only create more problems than it solves.” Let’s look at the existing problems before confusion creates more to solve. The following data was put together by Arizona in preparation for SB 1070. Taxpayer’s money supports food assistance programs such as food stamps, WIC, and free school lunches for illegal aliens; Medicaid, primary and secondary school education for children here illegally and they cannot speak a word of English. Billions a year are spent for education for the American-born children of illegal aliens known as anchor babies. In a different vein 30% of all federal inmates are illegal aliens. Millions of dollars a day are spent to incarcerate illegal aliens. They have a crime rate in the U. S. that’s two and a half times that of white non-illegal aliens.
During 2005 there were 4 to 10 million illegal aliens that crossed our southern border. It was estimated that as many as 19,500 illegal aliens from terrorist countries also entered the country. Millions of pounds of drugs, cocaine, meth, heroin and marijuana crossed into the U. S. This can be verified in a Homeland Security Report. In 2006 illegal aliens sent home $45 billion in remittances to their countries of origin. This is from people paying no taxes and receiving welfare. The Arizona Research reported a whopping $338.3 billion a year for all these services in the U. S. This amount would certainly be enough to stimulate the economy for U. S. citizens. Now liberals would complain Arizona is gilding the lily with these data to support its “unfair” new law vilifying illegal aliens. But from the Los Angles Times. Forty % of all workers in L.A. County (10.2 million people) are working for cash and not paying taxes. This is because they are predominantly illegal immigrants working without green cards. Ninety-five % of warrants for murder in L.A. County are for illegal aliens and 75% of people on the most wanted list are also. Over 2/3 of all births in L.A. County are to illegal alien Mexicans on Medi-Cal whose births were paid for by taxpayers. Nearly 35% of all inmates in California detention centers are Mexican nationals here illegally. The FBI reports half of all gang members in L.A. are most likely illegal aliens from south of the border. The above facts were published in the Los Angeles Times a traditionally liberal newspaper. Less than 2% of illegal aliens are farm workers, but 29% are on welfare. Over 70% of the U. S. annual population growth ( and over 90% of California, Florida and New York) results from immigration and Speaker of the House Nancy Pelosi wants them to become voters. If all of this doesn’t insult our intelligence for letting it continue, Pelosi wanted to put a windfall tax on retirement income. This would tax what you have made by investing for your retirement. When asked how these new tax dollars would be spent, she replied: “We need to raise the standard of living of our poor, unemployed and minorities. For example, we have an estimated 12 million illegal immigrants (my bold) in our country who need our help along with millions of unemployed minorities. Stock market windfall profit taxes could go a long way to guarantee these people the standard of living they would like to have as Americans.” But the 12 million illegal immigrants aren’t Americans and she’s proposing to continue to support them with retirement money. Recall Arizona informed us that U. S. taxpayers were already doing this with $338.3 billion a year, and Pelosi wants more for these unfortunates. If we aren’t prodded to do anything about massive, irresponsible outlays of money to non-citizens, let’s at least do something about undocumented soldiers entering our country. Reallocation of $338.3 billion dollars a year towards border containment would go a long way to reduce illegal immigration from terrorist countries. Liberals claim we’re crying wolf about this. However during WW II, we know from Russian sources that their illegal nationals had infiltrated the country for a variety of espionage activities. How long will we have to wait before we generate an effective, safe and fair immigration program? Let’s hope Governor Brewer’s efforts aren’t wasted.
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Glossary: Hire purchase agreement
A hire purchase or ‘conditional sale’ agreement is generally used for buying cars or furniture whereby the debt of the goods belongs to the organisation they were bought from (the creditor) until such a time as the debt is paid off. Only then do they belong to the purchaser. Not to be confused with an ordinary credit agreement. With an HP agreement you can’t sell the goods until the debt is repaid. If repayments are missed, creditors can demand the return of the goods or can repossess them. However, if more than a third of the total debt has been repaid, creditors have to pursue payment through the county courts first. With an ordinary credit agreement the buyer owns the goods (and can sell them) and a creditor can demand repayment of the debt but has no legal right to repossess the goods.
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MOSCOW, October 19 (RAPSI) – The total number of crimes committed in public areas downed by 5.4% in Russia as of the first nine months of 2021, the Interior Ministry’s press service reports Tuesday.
The street crime rate is decreasing. The number of robberies, assaults related to robberies and thefts in parks and streets has reduced by 23.8%, 19.1% and 5% respectively.
The police also pointed a 7.1% decline in the murder rate, a 12.1% decrease in cases of intended infliction of grave harm to health. The number of robberies, assaults related to robberies and thefts downed by 19.1%, 18.5% and 1.6% respectively.
Moreover, the number of crimes and offences committed by minors reduced by 16.1%. The amount of illegal actions committed by persons under the influence of alcohol decreased by 9.9%.
The total number of crimes decreased by 1.2% as compared to a similar period in 2020, according to the police statistics.
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Jayla Shubbar was seriously injured when she was struck by a car as she attempted to cross Busch Blvd near the intersection of Brooks St. Shubbar was apparently not in a crosswalk when she was struck. Cars in two of the three lanes had stopped to let Shubbar cross, but she was struck in the third lane. Florida Statute 316.130, titled “Pedestrians; traffic regulations,” requires pedestrians crossing a roadway at any point other than within a marked crosswalk to yield the right of way to vehicles on the roadway. Pedestrians are also required to cross a roadway at right angles to the curb or by the shortest route to the opposite curb. If adjacent intersections have traffic control signals or crosswalks, pedestrians are required to cross the roadway at one of the intersection crosswalks. Despite the pedestrians’ obligation to yield the right of way to vehicles when they are crossing the road at a place that does not have a crosswalk, drivers are required to exercise due care to avoid colliding with pedestrians, bicyclists, and children. Shubbar is 8 years old. Florida Statute 316.130 also provides that “every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian or any person propelling a human-powered vehicle and give warning when necessary and exercise proper precaution upon observing any child or any obviously confused or incapacitated person.” This statute entitles an injured pedestrian or bicyclist to a jury instruction at trial regarding a motorist’s responsibility to take evasive action. See Beeman v. Cosmides, 825 So. 2d 511 (Fla. 3d DCA 2002). This is a situation where both the pedestrian and the driver of the car bear some responsibility for causing the accident.
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HAMBURG (AFP) - A German officer fired a warning shot in Hamburg on Friday evening (July 7) as anti-G20 protests raged in the German city for a second straight evening, police said.
“A police officer was attacked by several violent people.. and he fired a warning shot,” police said on Twitter. The officer then fled into a shop and was rescued.
In a subsequent tweet, police clarified that the incident was not linked to the demonstrations against the G-20 summit, but was connected to a street robbery.
“The warning shot was discharged when police observed a street robbery, intervened and were attacked by the assailants,” it said.
On Thursday evening, a planned peaceful march had to be called off after police held running battles into the small hours with a hardcore of around 1,000 anti-capitalist militants.
During Friday demonstrators played cat-and-mouse with police as they went torched cars, fired flares at helicopters, blocked roads and even slashed the tyres of the Canadian delegation.
As Hamburg requested police reinforcements from elsewhere in Germany, US First Lady Melania Trump was unable to go on a tour of Hamburg harbour with fellow leaders’ spouses after demonstrators trapped her in her residence.
As night fell on Friday, matters escalated once more in the Sternschanze neighbourhood with protesters smashing windows, throwing stones at police and making fires, AFP reporters said.
Anarchist militants in black with balaclavas broke up paving stones to use as projectiles and ripped out street signs as hundreds of rocks littered the roads.
Firecrackers were thrown and garbage bins burning filled the air with acrid smoke as hundreds of riot police massed on access roads and fired water cannon at demonstrators.
The activists failed however to prevent G-20 leaders making to the brand-new Elbphilharmonie concert hall for a performance of Beethoven’s ninth symphony. They then went on to a gala dinner.
G-20 host Merkel condemned the violence, saying she could understand peaceful protests, but demonstrations that “put peoples’ lives in danger, put the protesters’ own lives in danger... are unacceptable”.
The summit, riven by divisions between US President Donald Trump and his counterparts over climate change and protectionism, was due to close on Saturday.
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Miami Sex Crime Lawyer
Federal Sex Crime Defense Attorney in Miami
Sexual offenses are viewed very harshly at both the state and federal levels. There is a natural assumption of guilt in many cases, and the accused may be perceived as having committed the crime long before the matter even reaches a courtroom. Many lives have been destroyed based upon false allegations. If you are in the dangerous position of having been accused of a sex crime, it is vital that you get legal representation at once.
Anyone in southern Florida who is facing allegations of having committed a sexual offense needs the assistance of a skilled Miami sex crime attorney at the firm to combat the potential consequences. If you are charged with a federal sex crime, the need for immediate legal counsel cannot be underestimated.
Federal Sex Crime Defense
Those that have been charged in federal court are in serious danger. The penalties for transmission of obscene matter, child pornography offenses and any human trafficking or crimes involving minors transported over state lines for the purpose of sexual activity can lead to imprisonment in a federal facility for up to 30 years or longer.
A prior sex offense on your criminal record will lead to double the penalty. In federal court, there is little room for leeway, and the prosecutors are at the top of their game. You need to ensure that you have an equally powerful defense lawyer involved in the case immediately.
Defense from the Law Office of Michael Mirer, P.A.
The firm represents individuals facing this serious legal situation in all types of sex crime accusations including those involving:
- child pornography
- indecent exposure
- solicitation of a minor
- spousal rape
- statutory rape
- date rape
- unlawful sex with a minor
- sexual abuse
- child abuse
- luring a child
- internet sex crimes
- online solicitation
- computer pornography
- lewd conduct
- sex offender registration
- failure to register
- human trafficking
The legal consequences of being convicted of a serious sexual felony may include life in prison or a death sentence, mandatory registration as a sex offender, supervised probation or parole and fines. The social consequences after your have served your term can be very hard to live with, including loss of voting rights, electronic monitoring, publication of your name and personal information as a sex offender, loss of employment or inability to gain employment and severing of family relationships.
Early involvement by the firm can be productive with regard to reducing charges, dismissing charges or other potential advantages. As a former prosecutor Attorney Michael Mirer brings all of that hard won expertise to bear when preparing and presenting your defense. If you are facing federal sex crime charges, his experience at federal court is invaluable. Call for a consultation today.
Contact a Miami sex crime attorney for advice on what options are available to you.
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Tell us about your case so that we can discuss all of your legal options with you.
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Suzhou is a big city for elevator use, with 174000 elevators in use and one of the largest elevator manufacturing bases in China.
In 2020, the output of elevators is about 230000, accounting for about one quarter of the national output.
The safety of elevator use is the focus of special attention.
The Suzhou elevator safety regulations has been officially implemented since January 1, 2022! What are the highlights? Let’s have a look! The maximum penalty for electric bicycle entering the passenger elevator is 1000 yuan! Uncivilized elevator behavior will lead to elevator failure.
In particular, the safety accidents caused by electric bicycles entering the elevator car are shocking.
Article 24 of the regulations comprehensively regulates the safe and civilized use of elevators by passengers and employees, and lists ten contents that elevator passengers and employees shall not violate, including using elevators beyond the rated load capacity of elevators, forcibly opening or blocking the closing of elevator doors, etc.
It is worth mentioning that it is clearly mentioned that electric bicycles or their batteries shall not be brought into the passenger elevator.
The provisions also specify the provisions of elevator users and other passengers and employers on dissuading and reporting passengers’ violations.
In addition, Article 43 of the regulations sets corresponding penalties for those who bring electric bicycles or their batteries into the passenger elevator and refuse to listen to the dissuasion, “the fire rescue organization shall impose a fine of not less than 200 yuan but not more than 1000 yuan; if a crime is constituted, they shall be investigated for criminal responsibility according to law; if they cause personal and property damage to others, they shall be liable for compensation according to law.” The elevator warranty period is extended to five years.
According to the practice of the elevator industry, the elevator factory provides a two-year warranty period.
However, most of the new residential projects are high-rise and small high-rise, and most of them are delivered after fine decoration.
It takes several years from the commencement of construction to the owner’s occupancy, which is prone to the phenomenon of “new house and old ladder”.
In view of this situation, Article 16 of the Regulations stipulates a five-year warranty period and specifies that no fees shall be charged for providing repair services involving elevator quality problems within the warranty period.
The five-year warranty for newly installed elevators refers to the warranty period from the date when the elevator installation supervision and inspection are qualified.
If the main parts of the elevator are damaged due to quality problems, the elevator manufacturing unit or sales unit shall provide repair services free of charge.
It should be emphasized that the five-year warranty does not include daily maintenance, and the daily maintenance cost shall be determined by the manufacturer and the elevator user through negotiation.
The implementation of elevator liability insurance has become the focus of public attention.
In order to ensure the safe operation of elevators, the regulations start from the source control.
Article 10 stipulates the selection and configuration of elevators in Suzhou, and Article 7 stipulates to strengthen the application of information technologies such as the Internet of things, improve the safety performance and management level of elevators, and enhance the ability of accident prevention and emergency rescue.
At the same time, Article 8 of the regulations proposes to implement elevator liability insurance.
According to Suzhou market supervision and Administration Bureau, according to the requirements of the regulations, specific implementation rules will be issued in due time, including Suzhou elevator selection and configuration standards, elevator safety liability insurance, interpretation of the five-year warranty period of newly installed elevators, construction of elevator safety public service platform, etc.
According to the preliminary plan, 60000 elevator liability insurance will be promoted in the city in 2022, 120000 elevator liability insurance will be promoted in 2023 and 180000 elevator liability insurance will be promoted in 2024.
It is planned to give certain financial subsidies to relevant units that purchase elevator liability insurance, so as to better promote elevator liability insurance.
Elevators are an indispensable part of our daily life.
The implementation of Suzhou elevator safety regulations can better ensure the safety of our elevators! Agree, please praise! Light up “watching”! Source: Suzhou market supervision and Administration Bureau, gravity broadcast praise + watching and sharing partners ↓↓..
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This year, as the historic mass uprising for Black Liberation commands national attention, the occasion of Juneteenth assumes a particularly momentous significance. As we honor the determination, sacrifice, and vision set forth by Black freedom fighters of generations past, we are also mindful of the tremendous work that lies ahead in the struggle for true emancipation from the tyranny of white supremacy.
To commemorate the spirit of Juneteenth, the Workers Center for Racial Justice has released a policy platform for Safety and Liberation.
For nearly a decade, WCRJ has invited local community members impacted by racialized police violence to come together and collectively reimagine what real public safety could look like in our own neighborhoods, on our own terms. These powerful conversations have served as the foundation for WCRJ's Safety and Liberation platform, through which we aim to amplify grassroots demands to end anti-Black police brutality and reinvest public resources in systems that foster universal equity and justice.
WCRJ’s platform for Safety and Liberation advocates the following state and city level policies:
Withdraw taxpayer funding from the Chicago Police Department and equitably invest in more effective public safety services. Significantly scale back operational spending on local law enforcement and reduce the police force commensurately. Replace dispatch officers with on-call city professionals - including social workers, mental health providers, human services employees, and mediators - who are better equipped to address public safety emergencies. Abolish private policing agencies.
Prohibit police unions from engaging in any collective bargaining activities outside of wage and benefit negotiations. Police union contracts have historically shielded officers from accountability for their actions, even in cases of racialized harassment, brutality, and murder. Such agreements serve as a driving force of police violence, by emboldening officers to exceed the limits of their power with the explicit assurance of impunity.
Establish a democratically elected police board to govern the Chicago Police Department. This entity will hold the exclusive authority to hire senior officers, investigate reports of police misconduct, discipline and terminate officers who are found guilty of wrongdoing, and determine department budgets and rules.
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Scholaroo’s data team conducted an in-depth investigation into the prevailing tax evasion scenario to gain a comprehensive understanding of the extent of tax evasion in the United States.
This research investigated the most recent data on tax fraud, encompassing pertinent statistics and information that shed light on the overall tax evasion scenario in the country.
To initiate the study, the data team gathered information on the per capita rate of tax offenders prosecuted at the federal level in each state for the fiscal year 2022. Hover over the map to delve into the findings.
How many tax offenders were prosecuted in each state in FY22?
Alaska, Hawaii and Maine had no tax offenders prosecuted at the federal level during fiscal year 2022.
- The median loss for these offenses was $301,009
- 14.4% involved loss amounts of less than $100,000;
- 17.8% involved loss amounts greater than $1.5 million.
- 73.0% of tax fraud offenders prosecuted were men;
- 15% of Americans do not pay their taxes on time.
Here is the total number of tax fraud offenders prosecuted over the last 5 years
The total amount tax evasion by type of tax
- The individual income tax gap represents 18.08% of the total tax revenue;
- While the employment tax gap ranks as the second-largest amount among all categories, it constitutes merely 8% of the overall tax revenue.
The total amount of tax evaded by type of tax evasion
Scholaroo's data team gathered and examined the most recent publicly available data, focusing on the demographics of individuals prosecuted for tax crimes in fiscal year 2022. In addition, they analyzed data regarding the amounts of tax revenue involved.
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July 27, 2017 at 6:27 pm #120716
Some people believe that a crime is the result of social problems and poverty, other think that crime is result of bad person’s nature. Discuss both view and give your opinion
It is argued that the question which factor have been promoting exorbitant crime rate has drawn a course of controversy for the community. While some individuals said that bad inborn personality are precursors to crime, I would argue that social dilemma and poverty are main factor for this problem
On the one hand, it is reasonable for some people to consider that bad person’s nature causes crime since negative people tend to commit the rule much more than good people. For example, according to the research of Humanity and Sociality University of Vietnam, 75% criminal people had a bad-tempered habit before they broke the law and made a lot of serious consequences. Moreover, badly behaved individuals are not likely to controlling their feeling and assuming the aggressive with other. As the result, if they face with just a couple of minor tiffs, they will easily provoking opponents and become heavy criminal within a second
On the other hand, I believe that the root reason for crime are social problems and poverty. Firstly, they are forced to break the law because as the human, they need to fight for their basic living condition . For instance, in the low- qualified living condition in rat houses of Middle East, men who play breadwinner role have been conducting many kinds of stealing action in order to bring his family up. Secondly, social problems such as some types of discrimination also lead to crime as people are not treated equally. Therefore, some people fall into isolation, violence and human right shortage may have negative feeling which is motto for committing crime.
In conclusion. It seems to me that poverty and social problems are main factors of crime , although some people insist on being a crimer is result of badly behaved individuals criminal.
July 29, 2017 at 2:05 am #121184
Cảm ơn bạn
July 29, 2017 at 11:43 am #121245
Cảm ơn bạn.
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Khóa học Tự luyện IELTS Listening, các bài học được hướng dẫn rất bài bản, đào sâu vào luyện nghe từ những cái cơ bản nhất như nghe đánh vần, chữ số… Khóa Writing của anh Bách cũng rất hay, anh giảng rất dễ nghe với nhiều ví dụ, em còn được cung cấp thêm vốn từ kha khá qua các bài viết mẫu của anh
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Am I personally liable for my business debts?
It depends on your business structure. If you run your business as a sole proprietorship, your business is not a separate legal entity – you and your business are considered to be the same. You are responsible for your business debts. If the business cannot pay its debts, creditors may come after your personal assets.
Owners of a limited liability company or an S-corp are separate from their business entities, but they still may be liable for some of the company’s debts. If an owner personally guaranteed a loan or other business account, the owner is liable if the business can’t repay. For non-guaranteed debts, in most business bankruptcies, including chapter 11 cases, LLC and corporate business owners are not personally liable for the debts of their business. There are rare exceptions for this rule when owners have not been careful to keep their business distinct from their personal affairs.
For many small business owners, it is not unusual to pledge personal assets, like equity in a home, when they take out a loan for the business. A bankruptcy case may allow you to protect those personal assets from the business’s creditors.
What types of bankruptcy cases can businesses file?
Chapter 7 Liquidation
A chapter 7 case is for individuals or business entities who cannot make regular payments towards their debts. For most businesses, though, a chapter case requires you to close the business.
If you are a sole proprietor, you will be filing a personal bankruptcy case, even if your debts primarily arise from your business activities. Even though a chapter 7 case is known as a liquidating bankruptcy, you won’t necessarily see everything you own be sold: state law allows you to keep certain assets (known as “exempt” assets), instead of having them sold by a trustee to create money to pay back at least some of your debts. Some sole proprietorships can continue operating their business even after a personal chapter 7 case.
If the business is an LLC or S-corp, there are no non-exempt assets, so the bankruptcy trustee will liquidate all of the assets of the business. Frequently, this means that a bank or other lender with a lien on the business assets will simply take them over. In very rare cases, a trustee will decide to operate the business for long enough for it to be sold as a going concern, but most often the business will close.
Chapter 11 Reorganization
If a business wants to continue operations, owners and management may consider a debt restructuring process through chapter 11. Smaller business generally do not pursue this option, though, because a chapter 11 case can be very complex and expensive. It is an option, though, if you are a corporation, partnership, or LLC. The theory behind chapter 11 is that the business can make greater payments to its creditors through continued operations than the creditors would receive in a chapter 7 liquidation.
In a chapter 11 case, a reorganization plan must be submitted and approved by the bankruptcy court. To be approved, the court must consider the vote of the creditors. The business’s reorganization plan generally involves modifying payment terms for existing debts, restructuring debt, or selling assets to generate money to repay some debts. A plan of reorganization can also allow a business to reject burdensome leases and some other contracts, pay tax obligations over time, and to have claims that are in dispute determined by the Bankruptcy Court.
Chapter 11 Subchapter 5 Bankruptcy
In 2019, Congress created a new form of chapter 11 case specifically for small businesses who would find the main type of chapter 11 case to be too expensive and complex. The new small business bankruptcy is enacted under subchapter V of chapter 11 of the Bankruptcy Code, so these new cases are known as “Subchapter 5” cases. The original new statutes provided a streamlined and less expensive bankruptcy reorganization process for small businesses with less than $2,725,625 in debt. When Congress passed the CARES Act in March 2020 to respond to the COVID-19 pandemic, it temporarily raised the debt limit for Subchapter 5 bankruptcies to $7.5 million. This increased debt limit will remain in place through March 27, 2021, although many in the bankruptcy world expect Congress to extend this date if the economy is still feeling the effects of the pandemic.
In a Subchapter 5 case, like a “traditional” chapter 11, management retains control of the company, but it does so under the supervision of a trustee who will be appointed for the case. The trustee’s duties are narrow, but its primary goal is to “ensure that the debtor commences making timely payments required by a plan” and “facilitate the development of a consensual plan of reorganization.”
In a standard chapter 11 case, the company itself has a limited window within which it has the exclusive right to file a plan of reorganization; after that window expires, any other interested party may file a plan, which frequently will conflict with existing management’s goals. In a Subchapter 5 case, only the debtor is permitted to file a plan. Once a plan is filed, there is also a streamlined plan approval process. The debtor must file its plan within 90 days of the date the case is filed. This date can be extended in limited circumstances, but only if the debtor can show that the need for an extension is due to circumstances it could not control. The requirements for the plan itself are streamlined, as well.
Subchapter 5 cases also provide a significant benefit to small business owners over the rules that apply in standard chapter 11 cases. In a standard chapter 11 case, a rule known as the “absolute priority rule” means that holders of equity in a business are not typically allowed to retain their interests in a company unless either all creditors have been paid in full, or the equity owners have paid some form of new value in exchange for the right to retain their ownership interests. This absolute priority rule does not apply in a Subchapter 5 case. Owners may retain their interests without providing new value even if creditors are not paid in full. The plan only has to show that it is “fair and equitable” to holders of unsecured claims. Broadly speaking, this means that a small business in Subchapter 5 must show that it is devoting all of its excess income (over what is required to maintain the business’s operations, including reasonable compensation to its employees and owners) to pay creditors for a period of three to five years.
What rights do creditors have in a bankruptcy case?
Once a company files for bankruptcy court protection, creditors have wide access to all of a debtor’s financial information and other matters that relate to the company’s operation – anything is fair game if it impacts the company’s ability to pay debts. Creditors have the opportunity to object to various transactions if the company’s activities do not meet the requirements set by the Bankruptcy Code and Rules. In large chapter 11 reorganizations, a committee of unsecured creditors is likely to be appointed to monitor the debtor’s case. Debtors are required to file a report of their operations on a monthly basis, and from time to time report other matters regarding the status of the case to the Court. The Court gives careful consideration to the creditors’ reasonable concerns and tries to balance them with the debtor’s rights.
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How do you depreciate a foreign residential rental property?
According to IRS rules, a residential rental property in the US has a ‘useful life’ (i.e. a depreciation period) of 27.5 years. This means that expats who have a US rental property can deduct the initial cost of the property divided by 27.5, each year for the first 27.5 years of renting.
How do you calculate depreciation on foreign property?
For example, if the cost of your foreign rental property were $275,000, the depreciation expense would be $275,000 divided by the IRS allowed 30 years (the useful life of the property per the Alternative Depreciation System) and arrive at a depreciation expense deduction each year of $9,167.
What happens if I don’t depreciate my rental property?
You should have claimed depreciation on your rental property since putting it on the rental market. If you did not, when you sell your rental home, the IRS requires that you recapture all allowable depreciation to be taxed (i.e. including the depreciation you did not deduct).
Can foreign property be depreciated?
Currently, all foreign property must be depreciated using the Alternative Depreciation System (“ADS”). Therefore, the properties depreciable life will be 40 years for commercial properties and 30 years for residential rental properties that were placed into service after January 1, 2018.
Do I have to report foreign property?
Foreign real estate is not a specified foreign financial asset required to be reported on Form 8938. For example, a personal residence or a rental property does not have to be reported.
Can you offset foreign rental losses against other income?
If you own an overseas property, you are able to claim your negative gearing losses on that property against your Australian-sourced assessable income. … If you have paid foreign tax in another country, you may be entitled to an Australian foreign income tax offset, which provides relief from double taxation.
Can I deduct foreign property taxes?
Yes. If you itemize your deductions as an American living overseas, you can deduct foreign real estate taxes imposed by you by a foreign country. Unfortunately, you cannot take deduction for personal property taxes unless these taxes are incurred in a trade or business or in the production of income.
How do I report foreign rental income?
U.S. citizens and residents are subject to U.S. income taxation on their worldwide income. Therefore, if you own foreign rental real estate, you’re required to report your foreign rental income to the IRS and file a Schedule E as part of your Form 1040, as well as other forms.
Can I stop depreciating a rental property?
The expected useful life of a rental property is 27.5 years, according to the IRS. Each year, you can deduct 3.636% (100% / 27.5 years) of the rental property’s cost basis from your annual income. … Depreciation can also stop after the property is sold or the rental property has stopped producing income.
Is claiming depreciation mandatory?
Depreciation is a mandatory deduction in the profit and loss statements of an entity and the Act allows deduction either in Straight-Line method or Written Down Value (WDV) method.
How do you avoid depreciation recapture on rental property?
Investors may avoid paying tax on depreciation recapture by turning a rental property into a primary residence or conducting a 1031 tax deferred exchange. When an investor passes away and rental property is inherited, the property basis is stepped-up and the heirs pay no tax on depreciation recapture or capital gains.
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Preamble: This Agreement governs the relationship between Licensee and Fireshark Studios, LLC, a business entity in Augusta, KS (hereinafter: Licensor). This Agreement sets the terms, rights, restrictions and obligations on using InheritDoc Library (hereinafter: The Software) created and owned by Licensor, as detailed herein.
License Grant: Licensor hereby grants Licensee a non-assignable, non-transferable, perpetual, and non-exclusive license.
Liability: To the extent permitted under Law, The Software is provided under an AS-IS basis. Licensor shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Licensee as a result of Software’s actions, failure, bugs and/or any other interaction between The Software and Licensee’s end-equipment, computers, other software or any 3rd party, end-equipment, computer or services. Moreover, Licensor shall never be liable for any defect in source code written by Licensee when relying on The Software or using The Software’s source code.
No-Warranty: The Software is provided without any warranty; Licensor hereby disclaims any warranty that The Software shall be error free, without defects or code which may cause damage to Licensee’s computers or to Licensee, and that Software shall be functional. Licensee shall be solely liable to any damage, defect or loss incurred as a result of operating software and undertake the risks contained in running The Software on License’s Server[s] and Website[s].
Indemnification: Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against it in regards to Licensee’s use of The Software in means that violate, breach or otherwise circumvent this license, Licensor's intellectual property rights or Licensor's title in The Software. Licensor shall promptly notify Licensee in case of such legal action and request Licensee’s consent prior to any settlement in relation to such lawsuit or claim.
Governing Law, Jurisdiction: Licensee hereby agrees not to initiate class-action lawsuits against Licensor in relation to this license and to compensate Licensor for any legal fees, cost or attorney fees should any claim brought by Licensee against Licensor be denied, in part or in full.
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Hustler magazine has responded to the faked explicit photo of S.E. Cupp with a two-sentence statement to The Blaze from publisher Larry Flynt.
“That’s satire. I’m able to publish this because of the Supreme Court case I won in 1984, Flynt v. Falwell," the statement said.
Hustler Magazine v. Falwell was a 1988 U.S. Supreme Court decision that held that the First Amendment protects parodies of public figures as long as they could not be reasonably taken as true.
The case arose after the magazine published a piece in 1983 that claimed Rev. Jerry Falwell had engaged in a drunken incestuous sexual encounter with his mother in an outhouse. It was was decided 8-0.
The photo of Cupp, a GBTV host and conservative commentator, showed her engaging in a sex act with what appears to be a penis in her mouth. It ran in the magazine beside the headline “Celebrity Fantasy” and the question: “What would S.E. Cupp look like with a [d**k] in her mouth?”
A disclaimer beneath it stated: “No such picture of S.E. Cupp actually exists. This composite fantasy is altered from the original for our imagination, does not depict reality, and is not to be taken seriously for any purpose.”
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Late Tuesday night and into Wednesday, police were busy recovering human remains from a hay field.
Police believe they are the remains of Douglas Hubbard who has been missing since 2009. Elmira police were led to the scene by Robert Storms, the man who killed Hubbard, and agreed to tell police where he hid the body as part of a plea agreement. Storms agreed to plead guilty to first degree manslaughter with a ten year prison sentence. He said he hit Hubbard over the head with a frying pan during an argument, which ended up killing him.
The District Attorney says conditions like Storms and Hubbard being the only witnesses, and being unable to recover a body, led to the plea agreement.
The remains have been taken to the Monroe County Medical Examiner’s Office to be identified. The DA says Storms will be sentenced on August 17th.
Popularity: 1% [?]
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You have to be 18 to legally sue someone but if your parents do it for you that would be legal
David Ho Sue San was born in 1949.
sue (if you are suing someone) Sue (if it's a name)
can you sue someone over 18 for assaulting a minor
sue hendrickson is 61 years old
Yes you can sue soneone who has no money.
if they are dumb enough to tell you their real name sue sue sue sue sue sue
You have to be at least 18 years old to sue somebody. == ==
what is the minimum amount you can sue someone at a federal level
Sure, you can sue someone for just about anything. The question is, should you sue them? Were you injured? Was it an accident or was it malicious? If you feel you need to sue then contact a lawyer.
That is the correct spelling of the verb sue (to bring a lawsuit, or to appeal).
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- You must qualify for Chapter 7, which requires a means test that calculates the ratios of your income to expenses and is adjusted by state.
- Not all debts qualify for a discharge under a Chapter 7 Bankruptcy.
- To qualify for the maximum amount of debt relief, you must be truthful about your income and expenses and include everything requested in your bankruptcy petition.
Filing for Chapter 7 bankruptcy could give you a fresh start. In most cases, those who qualify have few assets to sell and can receive a discharge of most unsecured debts. The bankruptcy will eliminate your legal obligation to repay creditors and prevent companies from pursuing you for the repayment of your debts.
While the goal of Chapter 7 is to relieve your debt burdens, the system is fraught with complexities and a detailed process. If you have particular circumstances or fail to follow the procedures with exactness, you may find your Chapter 7 bankruptcy petition denied.
Below are 10 reasons you may be denied if you try to file for Chapter 7 bankruptcy.
- You can make monthly payments to satisfy at least some of the debt owed. The first step to qualifying for Chapter 7 is to prove you are unable to repay the debt by passing a “means test.” If your income is too high or the obligations too low, the judge can convert the petition to Chapter 13 and require you to repay some of your debts under court supervision.
- You own non-exempt assets. When you file for bankruptcy, you are required to present a list of all assets and debts. The bankruptcy trustee subtracts exempt assets to determine if you have any possessions available for debt repayment. For example, if you own a vehicle worth $30,000 and carry a $10,000 loan balance on that vehicle, the court trustee could force you to sell the car and use the $20,000 of equity to repay your creditors.
- You previously filed for bankruptcy. If you previously filed for Chapter 7 bankruptcy, the law requires you wait eight years before filing again. If you previously filed for Chapter 13 bankruptcy, the law requires requires a six-year gap between filings.
- You commit fraud against either creditors or the bankruptcy court. The courts have a broad view of fraud. Obtaining debt for recently purchased luxury items, not listing assets on the bankruptcy schedules, and destroying or falsifying documents are a few examples of bankruptcy fraud.
- You made disqualifying asset transfers. There is a look back period that is established for the transfer of assets. The bankruptcy trustee could see a recent asset transfer as attempted fraud and invalidate your petition. Title transfers, such as giving a vehicle to your child, are easy to uncover.
- You have debts that don’t qualify for a discharge. Non-dischargeable obligations will not lead to the denial of your bankruptcy petition. However, it will prevent you from eliminating all debts through bankruptcy. There are 19 categories of debts that do not qualify for a discharge, such as student loan debt and marital obligations like alimony and child support.
- If you are judgment proof. Creditors offering unsecured debt have limited means of collection. The primary method is through legal action, which gives creditors the right to garnish wages or attach a lien on property. Consumers without titled assets or those with income a creditor cannot garnish like Social Security income are considered judgment proof. Meaning, even if a creditor sued, they would be unable to collect on the debt. In this case, there is less value in filing for bankruptcy.
- If you have the right amount of debt. Low debt limits minimize the benefit of filing bankruptcy due to the cost. Bankruptcy filing fees and attorney costs can add up to $2,000 or more. Chapter 7 does not set limits to qualify for bankruptcy, although Chapter 13 limits unsecured debts to $360,475.
- If you failed to complete all actions required under the bankruptcy. When you file bankruptcy, you must complete specific tasks and file paperwork under a strict schedule. Failure to submit the appropriate papers on time could result in a dismissal.
- If you do not complete the court ordered financial education requirement. Filing for bankruptcy includes an educational component. You must complete a certified bankruptcy course at the beginning and before the discharge to qualify for debt relief. Failing to complete this coursework could result in the dismissal of your petition.
Qualifying to file for a Chapter 7 bankruptcy is not a guaranteed outcome. Even one of the 10 reasons above can cause your petition to be denied, or require you to convert your petition to a Chapter 13 bankruptcy which requires you to pay back a portion of your debt to creditors similar to what is required in a debt settlement program. However, Debt Settlement, unlike Bankruptcy, does not carry the long-term stain that negatively impacts your credit score for up to 10 years, and the lifelong requirement to answer truthfully about filing for bankruptcy in the past. Doing so can result in negative outcomes on job applications, leases applications and applications for new utility services.
Given these burdens you must carry as a result of a Chapter 7 or Chapter 13 bankruptcy, it may be worth the time to investigate how a debt settlement program can get your out of debt sooner and on your way to recovering your credit score faster; and prevent you from having to carry the burden of filing bankruptcy with you for the rest of your life.
What happens if the courts deny my Chapter 7 petition?
The reason for the denial will determine the consequences. In some cases, you can convert the petition to a Chapter 13. In others, you remain liable for the debt. If the trustee dismisses the petition due to fraud, you could lose assets and remain responsible for your debts.
What debts are not discharged in Chapter 7?
There are 19 categories of debt that do not typically qualify for a discharge in bankruptcy. A few of the most common exceptions include student loans, child support, alimony, and tax debts.
Can a Judge deny your bankruptcy petition?
Bankruptcy laws require a detailed account of assets and liabilities along with non-negotiable deadlines. Working with an attorney can avoid errors in your petition that could lead to a denial.
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Op-ed produced by Brad Wenstrup
President Biden has had, in his possession, classified documents for at
least six years and potentially much longer. The documents found in his
private office reportedly included material related to Iran, Ukraine and
the United Kingdom. Congress deserves answers and accountability on
how our national security secrets are kept safe when in the hands of
our nation’s top executives.
Classified documents have now been found at the homes of President
Joe Biden, former President Donald Trump and former Vice President
How did these documents end up outside of secure locations in the first
place? In the case of Pence and Biden, why didn’t the National Archives
come looking for them long ago?
Documents found in Biden’s possession, reportedly clearly marked at
the highly classified “Top Secret/Sensitive Compartmented Information”
(TS/SCI) level, ended up mixed in with Biden’s personal possessions and
stored in multiple locations, including his garage. A garage? Seriously?
Biden says that storing the documents in his locked garage shows he
takes seriously his responsibility to safeguard the nation’s secrets. But
anyone who had access to the home could have had access to the
Classified documents cannot just walk off or end up in someone’s
garage without someone placing them there, so it’s puzzling as to how
this has occurred.
As a member of the House Permanent Select Committee on
Intelligence, I know that we always view classified information within a
Sensitive Compartmented Information Facility (SCIF), and we take the
utmost care to ensure no classified materials ever leave the secure
briefing rooms. We have to leave our phones outside the SCIF. A
designated and cleared staff person counts all the documents to ensure
that they are all within the room before we can leave so as to verify our
nation’s secrets remain secure.
I agree with the chairman of the House Oversight and Accountability
Committee, Rep. James Comer (R-Ky.), that we need to reform how
these documents leave the office of the president and vice president,
and define and assign oversight, possibly through the National Archives,
to ensure that classified documents at the executive level are treated
with the high level of security they deserve.
I also believe that it is important that the House Permanent Select
Committee on Intelligence be briefed. Chairman Mike Turner, who
leads the Committee, has formally requested that Avril Haines, the
Director of National Intelligence, review and assess any damage caused
by the discovery President Biden’s inappropriate possession of
classified documents and that she provide us with a classified briefing
on the findings. We made the same request in August concerning the
Mar-a-Lago document raid. Neither request has received a response.
The law requires the intelligence community to respond to Congress, as
required by 50 U.S.C. § 3091(a)(1) and (e.) Agencies are answerable to
us; we are a government of the people, yet Congress’ requests for
information and transparency have been repeatedly stonewalled.
Congress created these agencies, and we fund them. We have the
power to defund or withhold funding from the agencies if they do not
answer to the people’s representatives.
We deserve honesty and transparency from our nation’s executives,
from the law enforcement agencies like the DOJ and FBI, and from the
entire Intelligence Community. We have a duty to conduct oversight of
these agencies and follow the facts wherever they lead us. This is how a
free country works! We will work to get answers for the American
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File No. 8621.
Opinion filed June 16, 1944.
Rehearing Denied August 7, 1944.
1. Guardian and Ward.
A father, being under legal duty to support his minor children, even if they have independent means, cannot, as their guardian, be allowed anything out of their estate for their support, unless he is financially unable to support them, in which event allowance to him for their support should be only of amount necessary for such purpose in view of his inability. SDC 14.0310, 35.2002.
2. Guardian and Ward.
In proceeding to settle account of deceased former guardian of his minor children, trial court's findings that guardian spent all money received by him as guardian and that he was entitled to $100 credit for wards' maintenance in year during which his income was greatest and credit of $200 per annum for remaining period of guardianship as amounts necessarily used for wards' support because of guardian's inability to support them fully, were not opposed to clear weight of evidence and hence must stand. SDC 14.0310, 35.2002.
3. Guardian and Ward.
The amount of compensation to be allowed guardian of minor children rests in trial court's sound discretion. SDC 35.2005.
4. Guardian and Ward.
Where guardian of his minor children did nothing but receive and pay out fund of over $1,200, inherited by children, and converted large portion thereof to his own use, trial court did not abuse its discretion to prejudice of guardian's estate in limiting credit for his compensation to $65 on settlement of his account after his death. SDC 35.2005.
Appeal from Circuit Court, Lincoln County; Hon. L.L. Fleeger, Judge.
In the matter of the guardianship of Marcella A. Severtson and Grace J. Severtson, minors. From a judgment affirming a county court's order settling the account of Severt Severtson, deceased, former guardian of the minors, George Severtson, special administrator of deceased's estate, appeals.
John Carl Mundt, of Sioux Falls, for Appellant.
H.C. Mundt, of Sioux Falls, for Respondents.
This appeal involves the settlement of the account of Severt Severtson, deceased. as guardian of his minor daughters, Marcella and Grace. The appeal is by the special administrator of the deceased guardian. Of the errors assigned, only the one which questions the sufficiency of the evidence is deemed to merit discussion. The difference between the parties concerns the adequacy of the credits allowed for maintenance of the wards and for compensation of the guardian.
The guardian was appointed in 1928 and forthwith received upwards of $1200 inherited by Marcella and Grace who were then of the respective ages of six and four. In 1931, following an investigation and demand by the county judge, the guardian filed what he denominated a "Final Report and Petition for Final Settlement and Discharge" in which he reported the use of $25 per month for the care and maintenance of his children, "not being able financially to take care of said minors himself," and in which he credited himself with compensation at the rate of $60 per annum. This report was noticed for hearing, and some testimony was received but no formal decision was filed settling the account. In 1941, after the death of the guardian, and of the county judge who had presided at the original hearing, pursuant to a petition by the special administrator of the estate of the guardian, the above described report was again noticed for hearing. The county court entered its order rejecting the described items in part and fixing the balance due to the wards as $575.18. Upon appeal to the circuit court, the order of the county court was affirmed, and this appeal resulted. We develop additional facts in connection with our discussion of the applicable principles of law.
The general rule that a guardian who has advanced for the maintenance of his ward an amount not disproportionate to the value of a ward's estate and his station in life must be allowed credit therefor in his settlement (SDC 35.2002), has but secondary or limited application in the circumstances at bar. Severt Severtson, as the father of his wards, was obligated to provide them with support, SDC 14.0310. To justify the use of his wards' funds for their necessary support, a showing of the inability of Severtson to maintain his children was essential. The applicable principle is stated in 39 C.J.S., Guardian and Ward, § 62, p. 101, as follows:
"A father, being under the legal duty to support his children, even though they have independent means, * * * cannot, as their guardian, be allowed anything out of their estate for their support, unless he is financially unable to support them, in which event the allowance should not be of the entire cost of support but only of such amount as was necessary to be used in view of the father's inability; * * *" and see Ritter v. Riley, 51 S.D. 379, 216 N.W. 351, 56 A.L.R. 533; and 25 Am. Jur. 45, § 69.
It is evident that the principles we have stated guided counsel in preparing the guardian's report and the court in reaching its conclusions. The court was required to make its findings from evidence which painted a picture in broad outline.
Except for a single small voucher, no specific expenditure of their funds for the benefit of the wards was established. The record is silent as to the actual handling and disposition of trust fund received by the guardian. The father and his second wife maintained these children by the first wife in their home. The provision made for them was very ordinary, if not somewhat meager. The home was maintained on a farm the father operated as a tenant. Cows and chickens reduced out of pocket expenditures for food. Such witnesses as made reference to clothes saw the children clad in common play garments. The home presented a picture of poor management to a witness called by the special administrator.
Most of the testimony adduced was addressed to two factors, viz., (1) the financial worth, income, and expense of the father, and (2) the reasonable cost of maintaining two little girls. Here again the evidence fails to present a clear picture. Severtson operated 160 acres of Lincoln County land as a tenant where he raised corn, small grain, and hay. He had four horses, cows, hogs, chickens, limited machinery, and an automobile. In round figures his debts amounted to about $3,000. In 1928 he had a good crop, but his crop in 1929 and 1930 was drastically reduced by hail and drouth. Aside from the income from the farm, be enjoyed an unestablished and unestimated income from bootlegging home-brew and alcohol. From indefinite testimony, and conflicting statements, the court was required to estimate his ability to supply his family with the necessaries of life. The evidence as to the reasonable cost of maintaining two such children was more definite but was in sharp conflict.
The central finding of the trial court reads as follows:
"That Severt Severtson spent all of the money which he received as Guardian, and that all of it was spent before his death by him. That it does not appear in the evidence what part Severt Severtson spent on himself and what part of said money was spent for and in behalf of Marcella A. Severtson and Grace J. Severtson for their maintenance and support. That the Court allows for support only an amount as appears was necessarily used because of the father's inability."
The court allowed a credit to the guardian of $100 for maintenance for the year 1928 — the year during which, according to the evidence, his income was greatest — and a credit of $200 per annum for the remaining period covered by the report. These findings implicitly embrace a finding that the father was able to make some contribution to the support of his children. The credits allowed constitute the court's estimate and finding of the extent of the inability of the father to measure up to his obligation as a parent. It is noteworthy that, according to the testimony of certain witnesses the court was entitled to believe, the $200 per annum credit closely approached the reasonable cost of maintaining the children.
After a painstaking analysis of the record as a whole, we have concluded that the finding of the trial court are not opposed to the clear weight of the evidence. Hence, they must stand. Norway-Pleasant Telephone Co. v. Tuntland, 68 S.D. 441, 3 N.W.2d 882.
[3, 4] The contention that the compensation allowed to the guardian is unreasonable is utterly without support in the evidence. The amount of compensation to be allowed to a guardian rests in the sound discretion of the trial court. SDC 35.2005. According to the record this guardian, as such, did nothing but receive and pay out the described fund, and in so doing converted a large portion thereof to his own use. In the light of these facts it cannot be said that the trial court abused its discretion to the prejudice of the guardian in limiting him to a credit of $65.00 as compensation.
The judgment and order of the trial court are affirmed.
All the Judges concur.
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WASHINGTON -- House Democrats used a special parliamentary procedure Thursday to force a vote on legislation that would bar people on the terrorist watch list from buying a gun.
While Democrats failed to get a vote on the actual legislation itself -- technically, the House voted, 242-173, on a motion to table the appeal of the ruling of the chair that the resolution was out of order -- Democrats will likely still use the vote to attack Republicans in the upcoming election year.
California Democrat Nancy Pelosi used her position as the minority leader to force a vote on a privileged resolution that would trigger a vote on a controversial gun measure.
That bill, written by Republican Rep. Peter King of New York, would close a "loophole" that allows people on the terrorist watch list to buy a gun. Many Republicans and outside groups contend the bill would deny due process rights to people placed on the terrorist watch list. But Democrats clearly see election-year advantages to making Republicans block a vote.
In a signal of just how committed Democrats are to using the gun issue in 2016, the Democratic Congressional Campaign Committee started running radio ads on Thursday blaming certain vulnerable Republicans for their refusal to take up the terrorist watch list gun legislation, using previous question votes with the gun legislation attached to make a tenuous attack. The vote on Thursday on the privileged resolution may firm up that criticism.
All week, Democrats have been making pesky motions to adjourn on the House floor in protest of the GOP leadership's refusal to give the King bill a vote following recent mass shootings. But the privileged resolution is their most serious effort to get a vote yet, borrowing on a tactic Democrats used over the summer to force Republicans to vote on a resolution removing all images of the Confederate flag from the House side of the Capitol.
The Pelosi resolution, which is 439 words long, goes after House leadership for failing to stand up to "a powerful lobby controlled by the gun industry" and ensuring "the ability of suspected terrorists to continue to buy guns."
Raising a question of the privileges of the House.
Whereas the safety of the American people is urgently at stake;
Whereas the integrity of the legislative process has been seriously undermined by the influence of a powerful lobby, causing the House leadership to prevent the American people’s representatives from considering commonsense measures to prevent terrorists from purchasing assault weapons and firearms from any licensed firearms dealer in the United States;
Whereas the first duty of Members of Congress is to protect and defend the American people, and that duty is forsaken by the failure of the House leadership to withstand the influence of a powerful lobby controlled by the gun industry;
Whereas leaders of terrorist organizations have previously urged sympathizers to exploit the United States’ lax gun laws in order to perpetrate domestic terror;
Whereas suspects on the FBI’s Terrorist Watchlist can go into a gun store anywhere in America and buy dangerous firearms of their choosing legally;
Whereas since 2004, more than 2,000 suspected terrorists have legally purchased weapons in the United States;
Whereas in that time period, more than 90 percent of all suspected terrorists who tried to buy a gun in a store in America walked away with his or her weapon of choice;
Whereas the House leadership ensures the ability of suspected terrorists to continue to buy guns and refuses to schedule legislation to close the terror list loophole;
Whereas since the mass shooting at Sandy Hook Elementary school nearly 3 years ago, more than 1,000 mass shootings, 90,000 gun deaths, and 210,000 gun injuries have occurred; and
Whereas mass shootings and gun violence are inflicting daily tragedy on communities across America: Now, therefore, be it
(1) a clear and present danger exists to the American people; and
(2) in order to protect the American people and the integrity of the legislative process, upon the adoption of this resolution, the Speaker shall place H.R. 1076, the ‘‘Denying Firearms and Explosives to Dangerous Terrorists Act’’, as introduced by Congressman Peter King (Republican–NY), on the calendar for an immediate vote.
This story has been updated to include the vote count.
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Closely-held businesses frequently have balance sheet items classified as shareholder loans that represent cash transfers with shareholders. These items may be either assets or liabilities, and often they are carried on the books of the entity for many years with little activity or interest payments. In performing a valuation of the subject company, the valuation practitioner must determine whether these balances are truly debt, or whether they are really equity transactions that were initially characterized as loans.
In order to determine whether the loans represent debt or equity, a “facts and circumstances” approach similar to that taken by the IRS is in order. The Second Circuit set out a widely-used definition of debt in Gilbert v. Commissioner, 248 F.2d 399, 402 (2d Cir. 1957), as follows:
An obligation to pay a sum certain at a reasonably close fixed maturity date along with a fixed percentage in interest payable regardless of the debtor’s income or lack thereof.
That is, an examination of both the form and economics underlying the transaction should be made, with the economic substance being the more important of the two. See, e.g., Fin Hay Realty Co. v. U.S., 398 F.2d 694, 697 (3d Cir. 1968). The key questions are: Are all parties behaving as if the transaction represents an unconditional obligation to repay the amounts transferred? Would an unrelated lender have entered into a similar agreement?
A number of courts have established lists of factors to consider in making the determination. A 13-factor test was developed in the landmark case Dixie Dairies Corp., 74 T.C. 476 (1980), as follows:
- Name or label of the transaction
- Existence of a fixed maturity date
- Source of payments – whether payments are independent of earnings
- Right to enforce payments
- Participation in management, perhaps as a result of the advances
- Status in relation to outside creditors
- Intent of the parties
- Relationship to equity interests
- Adequacy of equity in the capital structure
- Ability of corporation to obtain credit from outside sources
- Use to which the advances were put
- Failure of the debtor to repay
- Risk involved in making the advances
The foregoing factors are merely to be considered, with no one factor being deemed determinative.
Similarly, the Sixth Circuit has applied an 11-factor test when trying to distinguish between debt and equity, as follows:
- The names given to the instruments, if any, evidencing the indebtedness
- The presence or absence of a fixed maturity date and schedule of payments
- The presence or absence of a fixed rate of interest and interest payments
- The source of repayments
- The adequacy or inadequacy of capitalization
- The identity of interest between the creditor and the stockholder
- The security, if any, for the advances
- The corporation’s ability to obtain financing from outside lending institutions
- The extent to which the advances were subordinated to the claims of outside creditors
- The extent to which the advances were used to acquire capital assets
- The presence or absence of a sinking fund to provide repayments
See Indmar Products, Co., Inc. v. Commissioner [444 F.3d 771 (6th Cir. 2006), rev’g 89 TCM 795 (2005)] and Roth Steel Tube Company v. Commissioner, 800 F.2d 625.
The possible reclassification of shareholder loan balances from debt to equity for valuation purposes adds to the complexity of an engagement. Valuation professionals should be on the lookout for shareholder loan balances early in the process of negotiating the terms of an engagement.
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All of this has been caused by the credit and finance industry. They have done their research and paid billions of dollars to Madison Avenue to promote their agenda. Even those who must file for bankruptcy have been indoctrinated to believe that they are failures if they do not pay off their debts. Moreover, creditors want debtors to believe that they will lose everything if they apply for bankruptcy. They will do whatever it takes to keep a debtor enslaved by unpayable debt. This is far from the truth, which is why Congress enacted generous bankruptcy exemption statutes to protect a certain amount of property. It would be nearly impossible for someone who has lost everything to obtain the new start that bankruptcy promises.
A bankruptcy petition must be completed in order to file for bankruptcy. One of the petition's schedules contains an inventory of the individual's property. On this schedule, the bankruptcy petitioner must list everything they own, from shoes to pots and cookware. When filing for bankruptcy, the debtor can use an exemption to preserve various amounts of property. This is where a bankruptcy attorney can be of tremendous assistance. The bankruptcy attorney will be familiar with the intricacies and exemptions permitted by the local trustee.
During this period, the individual registering for bankruptcy will be required to appraise all of their assets. The bankruptcy code requires an individual to determine the property's replacement value, taking into account the object's age and condition. The majority of individuals use the old swap meet formula, which is not permitted by the code but is acceptable to many trustees.
When it comes to secured property, it is time for the individual to do some serious soul-searching and determine whether or not they will be able to continue making payments. If the debt is a mortgage, you need a place to live, so as long as you can afford to pay it, you might contemplate reaffirming it if you can afford it.
When it comes down to it, individuals petitioning for bankruptcy should not place sole responsibility on their own shoulders. Yes, they overindulged, but in many cases the banks set them up for failure by extending credit when they knew the borrower would likely never be able to pay it back. The majority of this debt is bundled and sold to an unsophisticated investor on the derivatives market. This is one of the reasons why the real estate market nearly collapsed in 2008, and it will happen again because the same individuals are repeating their mistakes.""
" - https://www.affordablecebu.com/
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Viva Leroy Nash was first imprisoned for armed robbery at the age of 15
The oldest death row inmate in the US has died of natural causes aged 94.
The Arizona Department of Corrections said Viva Leroy Nash died late on Friday at the state prison in Florence.
Nash had a criminal record dating back to the 1930s, and was deaf, mostly blind, mentally ill and had dementia, his lawyer said.
He was sentenced to death in 1983, for shooting a salesman after escaping from jail. But he managed to stave off his execution with a series of appeals.
At the time of his death, state prosecutors were appealing to the Supreme Court against a federal appeals court ruling that Nash might not be mentally competent to assist in his defence.
Nash spent 25 years in jail for shooting a Connecticut policeman in 1947
Nash's lawyer, Thomas Phalen, told the Associated Press his client was born in 1915 and had grown up in southern Utah. He was first imprisoned for armed robbery at the age of 15 in Kansas, he said.
He spent 25 years in prison for shooting a Connecticut police officer in 1947.
Then in 1977, Nash was sentenced to two consecutive life sentences for robbery and murder in Salt Lake City, but escaped from a prison work crew in 1982.
That November, he went into a coin shop in Phoenix and shot an employee. He was arrested as he fled the scene, and was later sentenced to death for first-degree murder.
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Litigation Lawyers in Williston Park
In Williston Park, New York, commercial litigation is any legal dispute that involves some type of business transaction. Commercial litigation can be between two businesses, a business and an individual, or two individuals. It usually comes up when everyone involved least expects it, and it can arise from just about any situation.
In Williston Park, New York, you should expect any form of commercial litigation to be expensive and complex. While large and sophisticated companies are well-equipped to deal with civil litigation, and are typically the ones facing it, civil litigation in Williston Park, New York can also arise between those who are not nearly as accustomed to handling it, such as individuals and small businesses.
Common Sources of Commercial Litigation in Williston Park, New York
Commercial Leases: Most people who have businesses in Williston Park, New York need a physical location from which to run their operation. Often, the business owner has to rent some office or commercial space from somebody who owns a building or plot of land. The terms of these rentals are put in writing in commercial leases. Like any contract, when one party violates one of the provisions of the lease, such as by failing to pay rent, commercial litigation might be used, as a last resort, to resolve the dispute.
Sales of Real Estate: When buying a house or a plot of land in Williston Park, New York, there are several things that can go wrong, which can lead to commercial litigation. Whether there is a defect in the seller's title, a physical defect on the property that the seller did not disclose, or the buyer fails to make timely payment, a dispute, which might lead to commercial litigation, is possible.
Sale of Goods: Buying and selling personal property is far more common than buying and selling real estate in Williston Park, New York. Therefore, it's also more common for commercial litigation to arise out of disputes concerning the sale or purchase of goods, as opposed to land. Some common problems that can come up in the sale of goods are a seller's failure to deliver the right product on time, or the buyer failing to pay the price that they agreed on. Most of the time, reasonable, professional people can settle these disagreements amongst themselves. However, in relatively rare cases, they have to resort to commercial litigation when a negotiated settlement is impossible.
Business Loans: In Williston Park, New York, it's common for new businesses to require a loan from a bank to get started. This can, occasionally, lead to disputes between the borrower and lender. For example, the borrower might habitually fail to make payments on time. This will lead to the lender trying to collect, and possibly resorting to commercial litigation.
Breach of Contract: When a business or individual in Williston Park, New York promises another entity to provide a product or service in exchange for something of value (almost always, but not necessarily, money), they have entered a legally-binding agreement called a "contract." Both parties are now required to perform their obligations, as laid out in the agreement, and if one party fails to do so, the other can use commercial litigation to seek redress for any losses suffered as a result of this breach.
How Can a Williston Park, New York Commercial Litigation Lawyer Help?
If you have a business in Williston Park, New York, it should by now be obvious that there are many different situations from which commercial litigation can arise, and it rarely happens when it's expected. So, it's always smart to have a plan in place (and money or insurance set aside, if possible) to resolve a commercial litigation issue, should it arise.
A Williston Park, New York commercial litigation attorney can help you on that front. A good attorney can advise you of your legal rights and obligations, to avoid litigation in the first place, and can provide you with the best possible chance of prevailing if commercial litigation does arise.
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A Reuters report has stated that United States may withdraw from the United Nations Human Rights Council accusing other member nations of ‘chronic anti-Israel biasness’.
“Talks with the United States over how to reform the main U.N. rights body have failed to meet Washington’s demands, activists and diplomats say, suggesting that the Trump administration will quit the Geneva forum whose session opens on Monday”, Reuters says.
Nikki Haley, the United States Ambassador to the United Nations has repeatedly brought up the issue in various meets. The council’s critical stance of Israel has long been a contentious issue for the US, Israel’s main ally. Item 7 on “Israel and the Occupied Palestinian Territories” has been part of the council’s regular business almost as long as it has existed.
Their decision would be largely symbolic; United States ends it current tenure in 2019. However, Israel would lose one of its largest supporter in the body if the US decides to quit and remove its voting rights.
The United Nations Human Rights Council is a United Nations body and was formed in 2006 to promote and protect human rights around the world. The UNHRC has 47 members, elected by the UN General Assembly for staggered three-year terms on a regional group basis. It will be the first time a member would have dropped out voluntarily since its inception, should the US pursue its intentions.
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Is it Legal to Buy Body Armor?
Just as important as making sure that you have chosen the correct level of protection in the correct style for the situation you will find yourself in is knowing the law on body armor for your location. Some countries have specific guidelines about how body armor may be bought and sold, and it is your responsibility to be aware of any restrictions in place where you live. These are the restrictions in some major areas:
- In Australia it is illegal to possess body armor without authorisation in certain territories (South Australia, Victoria, Northern Territory, ACT, Queensland and New South Wales).
- In certain Canadian provinces (Alberta, British Columbia, Manitoba and Nova Scotia) a license is required to possess body armor, though there are no such restrictions in the rest of the country.
- In the European Union, ballistic protection that is considered ‘for main military usage’ is restricted to civilians.
- In the United Kingdom, there are currently no legal restrictions on the purchase and ownership of body armor.
- In the United States it is legal to purchase and possess body armor, except for a few states:
A way to avoid this situation altogether is to opt for a covert vest, which is worn underneath the clothing. This still provides you additional safety against ballistic, stab or spike attacks, but remains out of sight to anyone else. You can then move freely in public places with a greater degree of anonymity. Keep in mind that the restrictions mentioned above are not an exhaustive list of all body armor regulations and laws in existence. It is your responsibility to check with local and national standards and rules before you purchase body armor. If you are unsure about any such laws, it is imperative that you educate yourself to avoid breaking the law.
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The Role of Expert Witnesses in Personal Injury Cases
Expert witnesses play a crucial role in personal injury cases, often serving as the linchpin that can make or break a claim. In this article, we’ll delve into the vital role these experts play and why their testimony can significantly impact the outcome of your personal injury case.
When personal injury cases go to court, they often involve complex technical and medical issues that the average person may not fully comprehend. This is where expert witnesses come in. These individuals possess specialized knowledge and expertise in various fields, from medical professionals to accident reconstruction specialists, economists, and more.
So, how do expert witnesses contribute to your case?
1. Providing Credibility
Hazing, defined as any activity expected of someone joining a group that humiliates, degrades, abuses, or endangers them, has plagued college campuses for decades. Unfortunately, college athletics is not exempt from this harmful tradition. Athletes often endure initiation rituals or traditions that can include physical, emotional, or psychological abuse. These practices are not only unethical but also illegal in many states.
2. Clarifying Complex Issues
Hazing can have devastating consequences for the victims. Physical injuries, emotional trauma, and mental distress are just a few of the immediate effects. Additionally, victims of hazing may experience long-lasting repercussions that affect their academic performance, athletic careers, and personal lives. The very fabric of trust within the team can be torn, leaving a lasting impact on the athlete’s sense of belonging and self-worth.
3. Countering Opposing Expert Testimony
While attitudes towards hazing may have been more lenient in the past, the legal landscape has evolved to recognize the severity of this issue. Many states have implemented anti-hazing laws to protect individuals from these harmful practices. These laws not only target those directly involved in hazing but can also hold institutions and team officials accountable for allowing or endorsing such behavior.
4. Assessing Damages
Economic experts can calculate the financial impact of your injuries, including medical expenses, lost wages, and future costs. This helps ensure you receive fair compensation.
While expert witnesses can be a game-changer in personal injury cases, it’s essential to work with an experienced attorney who knows how to identify the right experts for your case and effectively utilize their testimony to support your claims.
About Coffman Law Offices, P.C.
Coffman Law is Chicago’s leading personal injury law firm and is committed to providing superb legal representation for people who are suffering from severe personal injuries or are dealing with the loss of a loved one due to negligence or misconduct. Coffman Law is results-driven law firm focused on ensuring that clients receive the compassion, attention, and consideration that they need to seek adequate compensation for injuries or loss. The firm is led by Owner and Founding Partner Brian Coffman, who has dedicated his career to helping accident victims navigate the legal system and obtain compensation for their injuries.
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Nurse homework help: Overview of compliance plans| Nursing homework help
Supporting the main elements of any compliance plan can be beneficial to all employees. Compliance plans ensure a company follows relevant laws and regulation while providing an ethical, safe and secure working environment. It includes such measures as effective training programs and regular audits on internal processes. By taking part in these activities and advocating for their importance within the organization, employees can help foster an environment where everyone’s rights are respected and potential risks are minimized. In addition, everyone must actively contribute to identifying problems or opportunities for improvement in order that the necessary corrective measures can be implemented quickly. When every employee is committed to the core elements of the compliance plan, they can help ensure that the organization as a whole will be more successful.
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Two Drunk Geordies Cause Chaos ‘Pretending to Be Suitcases’ In Airport
In an act that I hope was inspired by Jim Carrey in Liar Liar, two drunk guys caused a major alert at an airport by ‘pretending to be suitcases’.
The two Geordie lads stopped off at Newcastle airport for a quick snack when they decided to try and get through check in.
The pair crawled under the counter where baggage is usually checked in and found themselves on the baggage chute, following the conveyor belt behind the desks.
This is how it’s done…
Unlike Jim Carrey, the two were caught after they bypassed the passport hall, security checks, and the first floor of duty free.
The two drunk adventurers reached the departures area, beyond any ticket checks, where they were stopped and detained by security personnel.
An airport source said to the Mirror:
They basically got all the way through to air-side by pretending to be suitcases. They got down on their hands and knees to get through check-in then followed the conveyor belt.
That takes cases through from the front check-in area to where baggage handlers collect and load air-side.
The two men were taken into custody and charged under the Aviation Act.
Despite their intent not being malicious, the airport is taking the breach very seriously.
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Unmasking the Hidden Agenda: How to Recognize When a Severance Offer is Really a Cover-Up
Sep 15, 2023 | Written by: Share|
A severance package, or severance agreement, is a compensation and benefits offer that an employer provides to an employee who is leaving the company due to reasons such as layoffs, downsizing or termination. It is important to keep in mind that a severance package is typically drafted by the employer, so the terms and clauses contained within same will likely favor the employer.
Severance packages usually include a waiver stating that the employee cannot file a wrongful termination suit against the employer, and almost always include other terms and conditions that affect the employee’s rights. Severance packages can vary significantly, and while many are fair and generous, it is crucial to recognize when a severance offer might be a cover-up for something less benevolent. In this blog, we'll discuss how to spot the signs that your severance offer may be concealing a hidden agenda.
One of the first indicators that your severance offer might be a cover-up is the timing. If your employer presents you with a severance package out of the blue, especially when there's been no prior discussion of layoffs or downsizing, it's worth examining the offer more closely. This abruptness could suggest that your employer is trying to avoid potential legal issues or bad publicity.
Another significant red flag is when your employer urges you to sign the severance agreement quickly, often with the promise of a higher payout if you do so. While some companies genuinely want to expedite the process for your benefit, others may be pushing you to sign before you have a chance to seek legal counsel or fully understand the terms. Be cautious if you feel rushed.
Another telltale sign of a cover-up is the inclusion of non-disclosure agreements (NDA) in the severance package. While NDAs are standard in many cases, they can also be used to prevent employees from speaking out about unethical or illegal behavior within the company. If you're asked to sign an NDA, consider seeking legal advice to ensure your rights are protected.
Further, if the severance offer is vague or lacks transparency about the reasons for your termination, it's a cause for concern. If you are offered a legitimate severance package, your employer should clearly communicate the reason for your termination, either verbally or in writing. A lack of transparency may indicate an attempt to hide the real motives behind your departure. For example, if you have been harassed by a superior or coworker — whether you have filed an official complaint or not — and are being let go with a generous benefits package, this could indicate that your employer is worried about a lawsuit.
It is also important that you evaluate the severance package carefully. Does it seem fair and in line with industry standards? If you find that the compensation being offered is significantly less than what you might reasonably expect, it's essential to question why. A sub-par offer may indicate an attempt to get you to leave quickly without due compensation.
It is always wise to research your company's history regarding layoffs and severance offers, to determine if there have been previous cases where employees felt they were offered a severance package as a cover-up for other issues. Learning from others' experiences can provide valuable insights into your situation. Further, when in doubt, consult with an employment attorney. An attorney can review the severance offer, assess its fairness, and advise you on the best course of action. He or she can help you navigate the complex terrain of employment law and ensure your rights are protected.
While severance offers can be a lifeline during unexpected career transitions, it's crucial to remain vigilant and recognize when they might be concealing a hidden agenda. By being aware of the signs discussed in this blog and seeking legal guidance when necessary, you can ensure that you make informed decisions about your employment future. Remember, your rights and financial well-being deserve protection, even in the face of a seemingly generous severance offer.
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A Sole Proprietor is a business that is not seperate from it's owner. The owner pays the business taxes on their personal return and is fully liable for all debts.
A Partnership is owned by two or more persons. There are several types of Partnerships which have differing levels of liability. The partners report their share of the business income on their personal return.
A corporation is an entity unto itself, a person under law. The owners are the shareholders that elect a board of directors who selects the executives to manage the day to day business. The shareholders are not liable for the debts of the Corporation. There are different types of Corporations.
An LLC, Limited Liability Company, is a hybrid entity possessing characteristics of other entities. The LLC is owned by its members who are not liable for the business debts. An LLC can choose to be taxed like other entities.
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A MAN who killed three people, including a pregnant woman, while drink driving faces the prospect of going back to jail despite having served his sentence.
The Court of Criminal Appeal (CCA) has agreed with the Director of Public Prosecutions (DPP) that the four-year jail term handed down to Kevin McArdle for dangerous driving causing the deaths of three people was unduly lenient.
The DPP brought the appeal against the sentence handed down to the Monaghan man, who was more than three times over the drink-driving limit at the time of the fatal collision in December 2010.
The CCA, led by Supreme Court judge Mr Justice Donal O'Donnell, said that it agreed there had been an error in principle and that the sentence was unduly lenient. McArdle, who attended yesterday's hearing, has served his original custodial sentence and has been released from prison.
No conditions were imposed on the suspended part of his original sentence.
His case will come back before the CCA in two months' time when the court will decide if he should be sent back to jail.
Judge O'Donnell said that a six-year jail term with two years suspended may have been a more appropriate jail term.
Michael Bowman, for the DPP, said that McArdle had a "fatalistic" attitude towards alcohol consumption.
"It (the sentence) must fall at the higher end, whatever the higher end is," said Mr Bowman, who added that it was difficult from previous sentences for dangerous driving causing death to identify with precision what sentence should apply.
Michael O'Higgins, for McArdle, said a psychological report had concluded that his client knew his actions were wrong and that his remorse was genuine. He was also suffering from post-traumatic stress disorder.
The CCA heard that Mr McArdle had a number of previous road traffic convictions, including for drink driving and driving without insurance and without a licence.
He had drunk nine pints of lager and up to five glasses of brandy as he and his friends drove from pub to pub on the day of the collision.
Roisin Connolly (38), of Grace Park, Drumcondra, Dublin, was driving on the Carrickmacross by-pass with her husband Stephen when their car was struck by McArdle's BMW.
Doctors delivered Mrs Connolly's baby daughter Catherine, but she also died. Her husband survived with injuries.
Two passengers in the BMW, Glen Curtis and Paul Carroll also died, while another man in that car was seriously injured but survived.
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Events have moved very quickly and the response of charities to these new challenges has varied widely as their sectors have demanded different responses.
There are a number of financial management and reporting tools that may lend themselves to further consideration in these uncertain times, and which may help in the short term to provide more available finance, or at least identify potential funding options.
Endowment funds come in two types: expendable and permanent.
The notion that you can have an expendable endowment does not sit easily with the legal definition of an endowment, which is supposed to be something that is preserved into perpetuity. That said, those that have expendable endowments should consider how the charity should make best use of this pot, as there are often no real restrictions over their use and they can provide essential funding for ongoing activity in these times.
With permanent endowment funds the intention is for capital preservation, and only the income arising (or capital gains) can be used for other charitable purposes. There is however an interesting loophole for permanent endowments which may not be obvious. Where the endowment funds are represented by properties and investment portfolios, and where you have used unrestricted cash in prior years to develop a property on an endowed site, that spend has also become endowed (or it should have been). What is often lost is that the use of unrestricted funds to capitalise into endowed assets is in fact a “loan” between the unrestricted fund and the endowment fund. If the endowment fund also holds investments, it is possible to consider utilising those investments to repay the loan and provide unrestricted cash to the charity, ultimately settling a credit that exists in the endowment. The endowment is still preserved in terms of its underlying value.
These has always been a choice in the Charities SORP for restricted funds: once the project/restriction has ended to retain them as restricted funds, or to transfer them to unrestricted funds. If you consider a fundraiser for a capital project, once the project is complete and there are no further restrictions placed upon you by the donor, the project asset and the remaining fund becomes unrestricted in your hands – you have met the restriction.
Many charities have historically chosen to retain such fund balances as restricted and matched their accounting treatment with the depreciation charge on the asset created. However, given the current circumstances, you could reconsider whether these funds are actually restricted, and whether reclassifying them as unrestricted may assist you. It might not release cash as this is an accounting disclosure change, but what it will do is reclassify those properties as unrestricted and available to the charity for realisation if necessary.
A number of charities have discussed potentially taking out loan finance, which the banks are very willing to do in the current climate, especially where there is a valuable charity asset to act as security. Remember that where you do provide any charitable asset as security for a third-party loan, you must comply with the requirements set out in S124 of the Charities Act. These require trustees to obtain advice (which can be from a suitably qualified member of staff or an independent contractor) that the loan is needed, that the terms and conditions are reasonable and that you have a cashflow forecast to evidence your ability to service the loan and repayments for the period of the loan.
The ability to evidence your capacity to repay the loan over the lifetime of the facility may be challenging in the current environment.
For a number of charities in sectors that have bookings up front (theatres and other space hire venues), we have received calls asking if they can ask members of the public who have already paid for a ticket or hire to convert their funds into a Gift Aid donation. Unfortunately, legislation on this topic is strict. The government’s guidance on Gift Aid includes specific definitions on types of payments and debt conversions, and there is a risk that the trail of money in relation to the payment would not fully satisfy the Gift Aid requirements.
As such, at present the charity would need to repay the original ticket amount to the customer and ask them to make a new donation. Let’s hope the government relaxes these rules.
Richard Weaver is partner and head of charities and not-for-profit at haysmacintyre
This content has been supplied by a commercial partner. haysmacintyre sponsors the Sector Focus series.
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UDAAP Violations in Consumer Debt Collection
Question: Our compliance group recently passed around the E-Book on Advertising Compliance, written by Jonathan Foxx. In Part II, there is a section on UDAAP. We are particularly interested in UDAPP because we are updating our policies to include new language for UDAAP conduct in debt collection. Mr. Foxx’s outline was terrific in showing the range of UDAAP issues involving Advertising Compliance, but we wonder if he would provide some examples of how debt collection is impacted by UDAAP guidelines. So, what examples of conduct related to the collection of consumer debt could constitute UDAAP violations?
Thank you for the kind words about the E-Book, entitled Advertising Compliance: Getting Ready for the Banking Examination, which compiled two of my published White Papers. I have written extensively on this subject, but the E-Book has been found useful for individuals seeking a path to understanding this very complicated area of regulatory compliance.
There are many examples of Unfair, Deceptive, or Abusive Acts or Practices (UDAAP) violations in the context of debt collection, but any list is not going to be comprehensive. Also, please note that the obligation to avoid UDAAPs is in addition to any obligations that may arise under the Fair Debt Collection Practices Act (FDCPA).
First, what is an unfair act or practice? There are generally three components: (1) it causes or is likely to cause substantial injury to consumers; (2) the injury is not reasonably avoidable by consumers; and (3) the injury is not outweighed by countervailing benefits to consumers or to competition. [Dodd-Frank Act §§ 1031, 1036, 12 U.S.C. §§ 5531, 5536]
Second, what is a deceptive act or practice? This consists of three components: (1) it misleads or is likely to mislead the consumer; (2) the consumer’s interpretation is reasonable under the circumstances; and (3) the misleading act or practice is material. [Section 5 of the FTC Act. See CFPB Exam Manual at UDAAP 5]
Third, what is an abusive act or practice? This is more nuanced than the foregoing elements, but there are two primary factors: (1) the act or practice materially interferes with the ability of a consumer to understand a term or condition of a consumer financial product or service; or (2) takes unreasonable advantage of (a) a consumer’s lack of understanding of the material risks, costs, or conditions of the product or service, (b) a consumer’s inability to protect his or her interests in selecting or using a consumer financial product or service, or (c) a consumer’s reasonable reliance on an institution to act in his or her interests. [Dodd-Frank Act § 1031(d), 12 U.S.C. § 5531(d). See also CFPB Exam Manual at UDAAP 9. See Stipulated Final Judgment and Order, Conclusions of Law ¶ 12, 9:13-cv-80548 and Compl. ¶¶ 55-63, CFPB v. Am. Debt Settlement Solutions, Inc., 9:13-cv-80548 (S.D. Fla. May 30, 2013)]
Given the above-outlined features of UDAAP, the following non-exhaustive list of examples of conduct related to the collection of consumer debt could constitute UDAAPs:
►Collecting or assessing a debt and/or any additional amounts in connection with a debt (including interest, fees, and charges) not expressly authorized by the agreement creating the debt or permitted by law.
►Failing to post payments timely or properly or to credit a consumer’s account with payments that the consumer submitted on time and then charging late fees to that consumer.
►Taking possession of property without the legal right to do so.
►Revealing the consumer’s debt, without the consumer’s consent, to the consumer’s employer and/or co-workers.
►Falsely representing the character, amount, or legal status of the debt.
►Misrepresenting that a debt collection communication is from an attorney.
►Misrepresenting that a communication is from a government source or that the source of the communication is affiliated with the government.
►Misrepresenting whether information about a payment or non-payment would be furnished to a credit reporting agency.
►Misrepresenting to consumers that their debts would be waived or forgiven if they accepted a settlement offer, when the company does not, in fact, forgive or waive the debt.
►Threatening any action that is not intended or the institution or service provider does not have the authorization to pursue, including false threats of lawsuits, arrest, prosecution, or imprisonment for non-payment of a debt. [CFPB Bulletin 2013-07]
Facts and circumstances will dictate the presence of a UDAAP violation; however, these examples are but a few of the many potential UDAAP acts or practices involving consumer debt collection.
Jonathan Foxx is managing director of Lenders Compliance Group, the first and only full-service, mortgage risk management firm in the United States, specializing exclusively in outsourced mortgage compliance and offering a suite of services in residential mortgage banking for banks and non-banks. If you would like to contact him, please e-mail [email protected].
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Carnival Says Travel Insurance Row Must Be Arbitrated
Law360 (September 26, 2018, 8:15 PM EDT) -- Carnival Corp. has urged a Florida federal court to force a proposed class of consumers who say they paid a concealed kickback to the cruise operator when they bought travel insurance policies through the company to arbitrate the dispute, arguing its ticket contracts contain an arbitration clause.
The travel insurance buyers including lead plaintiff James Wolfe agreed to the ticket contract whether they booked by phone or online, and mandatory arbitration is required within a key contract clause, Carnival said in its motion to compel arbitration. Every ticket includes an “important notice to guests” alerting them that disputes must be resolved...
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Team of Hukumindo
Why do you need to read this article?
1. You come to the right source if you want to obtain interesting information about how to file a simple Divorce Lawsuit.
2. You do not need to come to court, do not need to bear the social burden by appearing in court, just read this article!
3. Why the Indonesia territory? Because our team lives and practices law in Indonesia territory on a daily basis. There are so many courts in Indonesian territory. For example in Jakarta province, there are at least 10 (ten) Courts in this area. First is the Central Jakarta District Court, Second is the Central Jakarta Religious Court, Third is the West Jakarta District Court, Fourth West Jakarta Religious Court, Fifth South Jakarta District Court, Sixth South Jakarta Religious Court, Seventh East Jakarta District Court, Eighth Jakarta Religious Court East, Ninth North Jakarta District Court, and Tenth North Jakarta Religious Court.
4. The information presented is easily understood by people who are laymen of the law, free and only takes ± 10 minutes to understand the legal steps that you will take, read to completion. And has been tested in practice!
5. Without being disadvantaged Brokers and do not need to pay Advocate rates that are not affordable by all groups.
6. Can be used as valuable information in filing a simple divorce suit independently. By filing a lawsuit independently, you can save costs. The cost of filing a lawsuit independently is VERY CHEAP. Only covers official and personal operational costs.
7. Accompanied by examples as concrete attachments, so you can measure the success of the effort being made.
A. PREPARATION PHASE
- To 'What Court' do I have to register?
The answer to this question is closely related to someone religion. If the answer is Muslim, then register with the Religious Court, if Non-Muslim, then register to the District Court. Do not be mistaken, because there are various kinds of justice, including the State Administrative Court, Military Court, Commercial Court, and others.
- 'Which court' do I have to register with?
The answer to this question relates to someone domicile. If you are a woman and live in the Depok area, then register in the Depok Religious Court. If you are a man, then the lawsuit is registered in the Court surrounding the place where the wife is domiciled. So if you are a husband living in South Jakarta, and your wife has separated and lives in Cengkareng, then the lawsuit must be registered in the West Jakarta Religious Court. Unlike those who are non-Muslim, the lawsuit is registered at the Defendant's place of domicile. This means, if you are a plaintiff, both from the wife and husband, the lawsuit is registered at the place of the Defendant's domicile, whether it is the husband or wife. What if I am the plaintiff domiciled abroad? The answer is you immediately go home to take care of the lawsuit in question, if you feel the interests of Overseas are more important, then hire a Lawyer. And it must be remembered that the Office of Religious Affairs (KUA) where you are married has no legal correlation with the filing of the lawsuit. In short, the matter of divorce is in the Court, not the Office of Religious Affairs (KUA). Please access the following list and address of Religious Courts throughout Indonesia.
- Duration of Lawsuit in Court
How much time does it take in the trial process in Court? As stipulated in a circular from the Supreme Court, the handling of a case must be completed before six months. However, in practice it can be faster or slower, because it is influenced by many things. Depending on the case by case.
- Basic Documents that Need to be Prepared
There are only two legal documents that you need to prepare when you want to file a divorce suit.
1. First is the Marriage Book; and
2. Second is self-identity.
Make sure the marriage book in your hands, because this is the main document and must exist. What if the marriage book is lost, scattered, in the mastery of his wife / husband, etc.? The solution comes to the Office of Religious Affairs (KUA) where you used to have a wedding, and ask for a copy.
- Making a Lawsuit
A claim is an absolute requirement when you want to file for divorce. The Lawsuit basically contains only two (2) descriptions, namely the Arguments / Reasons (Posita) of the Lawsuit and the Request / Request (Petitum) of the lawsuit. Keep in mind that a Lawsuit is a legal document that must meet technical requirements, so that not everyone is able to make it. Avoid the consequences of not meeting the technical requirements of the law in question, the legal consequences can be fatal, your lawsuit can be rejected, or the lawsuit may be vague, or it can also be unacceptable. Avoid losses by leaving them to those with good procedural law competence. Related to Making a Lawsuit see the end of this article.
B. THE LAWSUIT REGISTRATION STAGE
- How to register a Lawsuit?
Follow the steps below:
First, photocopy of your lawsuit ± seven (7) copies, with details of three copies for the panel of judges, one copy for the Defendant, one copy for the Substitute Registrar, one copy for the Mediator, and one copy for you as an archive. Prepare also a photo copy of your identity.
Second, prepare a soft copy of your lawsuit on DVD or VCD. Ask your soft copy data file to be burned to DVD or VCD at the computer rental or photo copy site.
Third, come to the relevant Religious/District Courts and face the Lawsuit Registration section, submit the file as mentioned above, and the officer will provide a Blank Payment Case Blank to the designated Bank along with the nominal that must be paid. Consider the following example of a Bank Deposit Slip:
(Courtesy: Mahmud Kusuma)
As for the nominal cost of down-payment cost is vary, it generally depends on the distance of the calling areas of the parties, but as a rough estimate in the range of one million Rupiahs, it can be less or more.
Fourth, to the designated Bank Counter to pay a certain amount of costs as specified, then you will receive a kind of Slippage of Payment on the down-payment.
Fifth, after making a payment at the designated Bank, then to the Cashier's Counter, submit the Payment Slip for the down-payment Fee from the designated Bank to the Officer, then you will get the Case Pays Payment Receipt issued by the Court. Consider the following example:
(Courtesy: Mahmud Kusuma)
Sixth, after that return to the Case Registration Counter, and submit the Receipt referred to the Officer. The clerk will proceed further and a Case Register Number will be issued, for example: 2678 / Pdt.G / 2019 / PA Tgrs. This means your case number is '2678' (two thousand six hundred seventy eight), with the type of case being 'Lawsuit', the year of registration is "2019", registered with the 'Tigaraksa Religious Court'. In practice, it is usually in the form of a stamp on the first sheet of a lawsuit containing the case number registration blank. The examples are as follows:
(Courtesy: Mahmud Kusuma)
Seventh, by getting the case register number, the lawsuit registration process has been completed, you are allowed to go home. After that, the Released Interlocutors will send a Court summons (Relaas) to the Plaintiff or Defendant within a maximum period of ± one month. The following is an example of a Notice of Session (Relaas):
(Courtesy: Mahmud Kusuma)
C. TRIAL STAGE
- First trial
After you received a summons from the relevant Court, the next is to arrive according to the prescribed trial schedule, ask the Court official in the room where the court judge is in your case, and if for the sake of orderly proceedings note whether it is necessary to take the queue number or not, the smaller your queue number, the more morning the session starts. Consider the following example:
(Courtesy: Mahmud Kusuma)
After being called the trial queue number, or case number, or your name, enter the courtroom, sit politely and listen to the Panel of Judges. In this first hearing, it generally contained the summons of the Parties, checking the identity of the Plaintiff and Defendant and asking the purpose of the lawsuit. If the Plaintiff and Defendant are present, the hearing will proceed to Mediation. If one of the parties is absent, another call will be carried out until the call is valid and proper. If the Defendant is absent after a valid and proper summons, the proceedings of the trial will proceed to the evidentiary agenda and the case will be decided without the presence of the Defendant (Verstek's decision). Conversely, if the Plaintiff is absent, then the lawsuit is categorized as null and will be dropped from the registration of the case number.
In the event that the Plaintiff and Defendant are present, the panel of judges will order the mediation process (peace efforts) first, and generally the panel of judges will appoint a mediator. The Plaintiffs and Defendants must then appear before a Mediator who has been appointed to carry out a mediation process. The Mediator and Plaintiff and Defendant then determine the date of mediation.
On the appointed day, the Plaintiff and Defendant must be present in person to carry out the mediation process. Generally the mediator will ask about the household problems faced by the Plaintiff and the Defendant, and why there is a desire to divorce, after that the Mediator must try to reconcile the Plaintiff and the Defendant to reconcile. If the result is peace, then the lawsuit must be revoked, and the Plaintiff and Defendant are referred. If peace is not achieved, then the trial is continued to the Panel of Judges so that the Principal Case is continued. Whatever the outcome of the mediation process, then later administratively within the Court will be processed and submitted by the Mediator to the Panel of Judges who hear the case, and in the next session will be confirmed by the Panel of Judges to the Plaintiff and Defendant regarding the mediation results. After this, the trial will be postponed to the day and date specified.
- Defendant's answer
In the event that peace is not reached during the mediation process, the session continues to the next agenda, namely Defendant's Answer. The Defendant's answer is a letter submitted by the Defendant, the contents of which are the acknowledgment or denial from the Defendant against the letter submitted by the Plaintiff. In the form of a letter, the defendant's answer is the same as the Lawsuit, containing the arguments / reasons (Posita) and Requests (Petitum) from the Defendant. However, it is important to note that the contents of the Defendant's Response Letter in general are the opposite of the Plaintiff's arguments, generally containing the denials / objections to the Plaintiff's arguments. After the Defendant submits the Answer, the trial will be postponed by approximately one or two weeks to enter the next agenda, namely Plaintiff's Replicas.
- Plaintiff's Replic
A Replic is a Reply Letter for the Response from the Defendant. The Replic is from the Plaintiff. So this litigation process can also be described as a kind of answer process in an orderly manner taking turns. What is the contents of the Replic? Replic is a refutation or acknowledgment from the Plaintiff against the Defendants' arguments / reasons contained in the Answer. After the Plaintiff submits a Replic, the trial will be postponed approximately one or two weeks to enter the next agenda, namely Duplic.
- Defendant's Duplic
Duplic is a Letter from the Defendant to respond to the Replic's from the Plaintiff. Like the Replic, the Duplic contains arguments or reasons from the Defendant to acknowledge or refute the reasons stated by the Plaintiff as contained in the Replic. In general, after the Duplic event, the answer process has been completed, and will be included in the agenda of the next session, which is proof. Then after the Defendant submitted Duplic, the trial will be postponed by approximately one or two weeks to enter the next agenda, namely Proof.
- Proof Session
Proof Session can be interpreted as a trial session that functions to cross-check the suitability of the arguments / reasons of Plaintiffs (from the Plaintiff) and the Answer (from the Defendant) with evidentiary tools as regulated by law. In general, the evidence used was a letter and a witness. Letters can be in the form of Deed and Letters under the hand. Whereas a witness is a person who sees or hears an event himself. Thus, in a simple divorce case, generally the evidence that must be prepared is:
1. The Plaintiff's identity, for example ID Card;
2. Marriage Book;
3. Witness, a minimum of two (2) people.
Regarding letter evidence, 'Leges' (legalized) must first be conducted at the Large Post Office ('Leges' (legalized) can only be done at the Large Post Office, usually at the city center, both at the Regency and City / Municipality level). The trick is to photocopy the first KTP and Marriage Book, then buy and paste the stamp stamp Rp. 6000, - and appeared before the 'Leges' (legalized) Post Office Officer asking for a clarification. Consider the sample marriage book that has been licensed as follows:
A photocopy of the evidence of the letter that has been legalized and then taken at the time of the evidentiary session along with the original to be presented to the Panel of Judges. Regarding Marriage Certificate, both the Plaintiff and Defendant, it must be submitted to the Panel of Judges, in the event that the Lawsuit is Granted, it will be replaced with a Divorce Deed. Also prepare a photocopy of the identity of the witnesses that will be submitted, this will be requested by the Panel of Judges. Even in a number of Religious Courts whose practice has been orderly, it also requires the Plaintiff and Defendant to fill in the forms of witnesses to be submitted, complete the form in full.
After the Plaintiffs and Defendants proved the arguments of the Lawsuit and Their Answers through evidence, both letters and witnesses, the agenda of the trial entered the Conclusions. The conclusion is a kind of outline of the views of the Parties (Plaintiffs and Defendants) on the Material and Process of the Trial which is set forth in the form of a letter. Although the conclusion agenda is not mandatory, in practice lawful conduct is often held. After the Plaintiff and Defendant submit their conclusions, the trial will be postponed to approximately one or two weeks, the Panel of Judges examining the case will conduct an internal deliberation, the next hearing will be the Decision.
- Verdict/Court Decision
The decision can simply be interpreted as the view of the judges from a legal perspective to decide / settle a case. In general, related to a lawsuit filed by the Plaintiff, the Panel of Judges may grant a claim, grant part of it, or even reject a claim. In fact, almost 90% of divorce lawsuits filed in the Court were granted by the Panel of Judges. After the Panel of Judges reads the verdict, there will be no other trial process. The Parties are just waiting for a copy of the Decision and Divorce Deed. The time-frame between the hearing of the Verdict and the issuance of the Decision Copy and the Divorce Deed is greatly influenced, among others, by the Notification of the Content of the Decision to Parties not present on the agenda of the Decision hearing. The average time period is one to one and a half months, but it can also be faster than that.
D. STAGE AFTER DECISION
- Legal effort
In the event that the Plaintiff and /or Defendant are not satisfied with the Decision of the Religious/District Court referred to, then within a period of 14 (fourteen) days, both the Plaintiff and Defendant may declare Appeals. And if they are still not satisfied with the Decision on Appeal, the Parties may submit an appeal for cessation and so on. In the event that the Defendant does not feel summoned by the Court and the case is dismissed without the presence of the Defendant (Verstek decision), the Defendant can conduct Verzet, or simply ask the Court to have the Case opened and re-examined from the beginning.
- Permanent Legal Verdict
In the event that the Plaintiff and Defendant do not make legal remedies (Both Appeals and Cessation), or the Plaintiff and Defendant have finished making an appeal or Cessation legal remedy, the case becomes permanent legal force (inkracht). Simply stated, and the case is over.
- Retrieval of Court Decision and Divorce Deed
In the event that the Case has been dismissed, the Plaintiff and Defendant may take a copy of the court's decision. Consider the example copy of a court decision as follows:
And in the event that the Case has permanent legal force, both the Plaintiff and Defendant can take the Divorce Deed. The following is an example of a Divorce Deed:
In the event that the Case has been severed and has permanent legal force, the Plaintiff and Defendant may take both. The way to take a copy of the Decision is to mention the case number at the Religious Court counters for that, then the officer will check whether the case has been terminated and has permanent legal force, if it has broken up or has permanent legal force, then a copy of the decision and the Deed of Divorce will be given, firstly used to pay official administrative costs at the cashier. Unlike those who are Muslim, for those who are non-Muslim after obtaining a copy of the decision from the District Court, the next step is to take care of the registration at the relevant Civil Registry Office, follow the terms and procedures until the Divorce Deed is issued. With the issuance of a copy of the decision and divorce certificate registered with the court, you will avoid the danger of using fake legal documents. The legal status of your marriage becomes clear. Congratulations! You have attained widower / widow status. Your case is finished, case closed!
Read the article in Bahasa version: "Gugatan Cerai di Jakarta".
Read the article in Bahasa version: "Gugatan Cerai di Jakarta".
E. MAKING A LAWSUIT
Has been discussed above that the Lawsuit is a document that must meet the legal technical requirements, so that not everyone has the competence in making it. And also all legal document using Bahasa Indonesia to be valid.
Avoid speculating by copy-pasting by sampling examples of lawsuits on the internet that have no guaranteed accuracy of their success.
You also do not need to appear at the nearest Religious Court and enter the queue at the Legal Aid Post (POSBAKUM) to obtain Legal Aid Institutions (LBH) services that are very minimal and require extra patience. With our help, you can file lawsuits freely and independently.
We answer your legal problems, send us the following data:
- Photo/scan of your Marriage book (clear);
- Photo/scan of your identity card (clear) and complete address, including House number, RT/RW, Village, Subdistrict, District and Province;
- Photo/scan of identity card (clear) and complete address, including House number, RT/RW, Village, Subdistrict, District and Province the last Defendant is Domiciled;
- Photo/scan of birth certificate (if you already have offspring).
Write down the reasons for your Divorce (maximum three), Select the following reasons, including:
- One party commits Adultery, a drunkard, a compactor, a gambler who is difficult to cure;
- One party leaves the other party for 2 (two) consecutive years without permission and without valid reasons or for other reasons beyond his ability;
- One of the parties received a sentence of 5 (five) years in prison or a heavier sentence after the marriage took place;
- One of the parties has a bodily disability or disease with the result of not being able to carry out their obligations as husband / wife;
- Between husband and wife, there are continual disputes and quarrels (for example, slapping, hitting, harsh words such as 'animals' or 'supernatural beings'), and there is no hope of living in harmony anymore;
- Husband / wife converts to other religion;
To e-mail address: email@example.com, we will respond and complete your request to make your lawsuit within a maximum of 24 hours from the time we receive it. Only the complete and clear will be processed, communication via e-mail to be well documented. Communication via the WhatsApp (WA) application can be done after we receive your request, we will put the mobile number (HP) in the reply e-mail.
The completed lawsuit will be sent to your e-mail address in Word format, then you can download it and burn it to DVD or VCD, and print it. So that the next day as you scheduled, the lawsuit can be registered at the intended Religious/District Court.
Also include a request to file a lawsuit and this will be subject to a fee, related to the account number will be provided later, and we will prepare your divorce suit. Confidential and guaranteed by certified and sworn legal practitioners. And it should be noted that this program only serves the making of a lawsuit, legal services outside of it can be communicated via e-mail in question.
And if you still feel heavy, don't have money or there are other reasons that cannot be stated, we provide a free tutorial that you can 'click' on below, which is:
- Disclaimer: Site only contains legal information, provided as general information for educational purposes. Use of any information contained on this site is entirely at your own risk and responsibility.
And if you have any difficulties with this topic, contact us, feel free in 24 hours, we will be glad to help you.
*) For further information please contact:
Mahmud Kusuma Advocate
Jakarta - Indonesia.
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Whether a patient ends up in one control system or another is due often to contingencies. In effect, two control systems are in operation; a mental health system and a criminal justice system, one generally speaking taking non-offender patients, and the other taking offenders. I say generally speaking because things are rarely that straightforward. For example, the special hospitals take both types of patients, offenders and non-offenders alike, all detained in conditions of maximum security, and where non-offenders may remain detained longer. An offender may be charged with an offence and diverted out of the criminal justice system into the mental health system, the offence is then discounted, transforming the erstwhile offender into a civil patient. This is the so-called parallel system, where sometimes the systems work in harmony, sometimes not, and sometimes without an apparent regard for any other.
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- Psychiatric Services and Treatability
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See How Your Politicians Voted
Title: Continuing Appropriations Extension and 2009-2010 Department of Interior, Environmental Protection Agency, and Related Appropriations
Vote Smart's Synopsis:
Vote to adopt a conference report that extends temporary federal spending measures in order to fund the government through December 18, 2009 and appropriates $32.39 billion for the Department of the Interior, the Environmental Protection Agency, and related agencies for fiscal year 2009-2010.
- Extends fiscal year 2009-2010 continuing appropriations (see HR 2918) for departments, agencies and other organizational units of the federal government through December 18, 2009 (Div. B, Sec. 101).
- Appropriates a total of $32.39 billion, of which (Div. A, Title I-III):
- $11.08 billion shall go to fund various programs in the Department of the Interior;
- $10.29 billion shall go to fund various programs in the Environmental Protection Agency; and
- $11.01 billion shall go to fund various programs in related agencies.
- Extends the temporary loan limit increase established by HR 5140 (the "Economic Stimulus Act") for mortgages insured by the federal government until the end of 2010 (Div. B, Sec. 104).
- Appropriates $4.97 billion in State and Tribal assistance grants, including $2.1 billion in grants for Clean Water State Revolving Funds (Div. A, Title II).
- Authorizes the Administrator of the Environmental Protection Agency to transfer up to $475 million for activities that would support the Great Lakes Restoration Initiative and the Great Lakes Water Quality Agreement (Div. A, Title II).
- Requires the Environmental Protection Agency to transfer $8 million to the Navy to fund clean-up activities at the Treasure Island Naval Station-Hunters Point Annex (Div. A, Title IV, Sec. 415).
- Prohibits the distribution of funds from this act to the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries (Div. A, Title IV, Sec. 427).
- Prohibits the use of funds from this or any other act to release or transfer to the United States, its territories, or another country, any detainee at the Guantanamo Bay Prison Facility in Cuba (Div. A, Title IV, Sec. 428).
- Establishes within the United States Treasury the Federal Land Assistance, Management, and Enhancement (FLAME) Wildfire Suppression Reserve Fund for the Department of the Interior and the Department of Agriculture, the purpose of which is to cover the costs of suppressing large or complex wildfires and to provide additional funding when Wildland Fire Management appropriation accounts are exhausted (Div. A, Title V, Sec. 502).
- Provides additional funds for small business loans at a rate for operations of $80 million (Div. B, Sec. 104).
- Provides that up to $200 million in funds shall be available for public housing agencies for the purpose of preventing the termination of funds that provide housing assistance to families (Div. B, Sec. 104).
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On the death of a person, the ownership of that person’s estate has to be legally passed on to the rightful beneficiaries according to the wishes of the deceased person and in line with the existing laws.
This is usually effected through a will which is a document is drawn out during the deceased in their lifetime, stating how they want their estate to be distributed. Sometimes, a person dies intestate, which means without leaving a will. In this case, the assets are distributed according to state law. This process is known as probate.
In the United States, probate law is governed by the Uniform Probate Code, UPC. This is formulated by the National Conference of Commissioners on Uniform State Laws (NCCUSL), which concerns itself with all matters pertaining to the estates of deceased persons in the U.S.
The Uniform Probate Code consists of 7 articles. Each article covers a particular aspect of the law.
General Provisions and Definitions: This sets out the general rules and guidelines and defines terms which will be used while interpreting the code.
Intestacy, Wills and Donative Transfers: It deals with the passing down of property, including sections on revoking of wills and perpetuities. This section is written in line with the Uniform Simultaneous Death Act.
Probate of Wills and Administration: The entire rules for how probate law is to be practiced are outlined in this section.
Foreign Personal Representatives and Ancillary Administration: Here the situations where persons who are domiciles of another state are dealt with.
Protection of Persons under Disability and their Property: Here is a section dealing entirely with roles and responsibilities of guardians who represent incapacitated people and minors.
Nonprobate Transfers on Death: Nonprobate transfers are assets such as life insurance policies, joint bank accounts and transfer-on-death policies where there is a clear title involved. How this category of assets has to be administered is outlined in this section.
Trust Administration: The role of trusts in probate matters is dealt with in detail here.
The above features of the UPC are generic and interpretation may vary from state to state when dealing with probate law in different states in the United States.
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Adam Bienkov has the story:
Yesterday was the start of the local elections campaign here in London and the fight is already getting dirty.
One such scrap is taking place in ultra marginal Waltham Forest where the Lib Dems are furious at “Labour’s lies” about police numbers.
Labour leaflets claim that the Lib Dems “want to cut the number of police in Waltham Forest” whilst being “in cahoots with Tory mayor Boris plans to cut police numbers.”
The Lib Dems deny this, pointing to their fervent opposition to Boris’s police cuts on the London Asssembly.
The piece goes on to provide more evidence from the Liberal Democrats, including the public record of votes against the cuts, but then ends with this:
I emailed Waltham Forest Labour party for an explanation of their claims yesterday, but unfortunately they have as yet failed to respond.
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Trusts are legal entities that can be formed to accomplish various goals. Sometimes these goals are related to objectives you want to reach during your lifetime, and at other times, after your death. Trusts are not the answer to every situation, but under the right circumstances, they can be an integral part of achieving your objectives.
Trusts are formed and managed by a document that must be written by an attorney. We are not attorneys and do not write trust documents. We will, however, work with your attorney to ensure that the content of your document is in line with all of your financial goals. At Cora Capital Advisors, we realize that full coordination between advisors is a critical step in avoiding incorrect asset titling and beneficiary designations. Our team approach and collaboration with various professionals helps to guarantee that all of your advisors are working in concert toward the same end.
Trusts can be structured in a variety of forms. Each type of trust has its own set of income tax, estate tax and other implications that need to be considered. If a trust is not set up or managed properly, it may fail to serve the intended purpose.
In general, all trusts will have certain “actors” involved. The Grantor is the person who sets up and typically funds the trust with cash or other assets. The Trustee is the person who is responsible for managing the trust in accordance with the guidelines written in the document. The Beneficiary is the person who is entitled to the proceeds of the trust in some form or fashion. There can be one or more of any of the above, and sometimes one person may serve more than one role.
Here is a brief summary of some of the commonly used trust arrangements:
Irrevocable Life Insurance Trust (ILIT)
An ILIT is set up during the Grantor’s lifetime. Generally, the intent of this trust is two-fold. Firstly, it allows for the value of any life insurance policies owned by the trust to be excluded from the Grantor’s taxable estate. Secondly, it allows for significant flexibility and control over how and when the proceeds of those policies are paid out to beneficiaries.
These trusts, also known as Inter Vivos trusts, are also established during the Grantor’s lifetime. Typically, a living trust is revocable, meaning it can be changed at any time during the Grantor’s lifetime. Primarily, living trusts are adopted to avoid having one’s assets pass through the probate process at the time of their death. Depending on a person’s state of residence and personal wishes, the appropriate use of a living trust can result in significant savings for a person’s heirs.
Charitable Trusts can be set up in many different ways. Depending on an individual’s goals, they can often be used to satisfy significant charitable desires while also achieving a secondary benefit. Typically, the benefit will come in the form of either income tax savings or removal of assets from a taxable estate. This is one area where proactive planning can often help someone achieve a charitable objective that may not otherwise be possible without the accompanying tax benefits.
While this is far from the extensive list of the types of trusts available, we will work with you and your attorneys to determine if any type of trust structure may be beneficial to you.
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Jaycee Dugard to California: Why Wasn't Anyone Watching the Garridos?
Photo: Phillip Garrido and Jaycee Dugard
Dugard, her two daughters by Phillip Garrido, and her mother Terry Probyn, have each filed forms against the Department of Corrections, claiming they endured "psychological and emotional injury" while held against their will by Phillip Garrido and his wife.
They submitted the forms in January within the standard 6 month time frame to file.
Garrido had been under parole supervision after he was convicted of raping a 25-year-old in 1977. Released in 1988, he was placed under federal supervision until 1999, when the state of California took over.
The state's Inspector General's Office says mistakes were made right away, beginning with Phillip Garrido being wrongly classified as a low-risk offender. Also, one agent did not try to confirm the identity of a young girl, presumably Dugard, who he saw at the house while on a visit, instead trusting Garrido's claim that she was his niece. California's Corrections Department has acknowledged serious errors in handling the case.
Prosecutors say Dugard was kidnapped in 1991 outside her South Lake Tahoe home and taken to Antioch, Calif. by the Garridos, where she had two daughters by Phillip Garrido and lived in a tent in the backyard.
Dugard's spokeswoman, Nancy Seltzer, said the family hasn't decided whether they'll file a lawsuit. "We are simply preserving Jaycee Dugard's right to file a lawsuit at a later date, if that is something she decides is in her family's best interest," Seltzer said.
- Hung jury reportedly emotional at Jodi Arias trial
- Hung jury in Arias penalty phase, new panel to be chosen
- Kaitlyn Hunt: "I'm scared of losing the rest of my life..."
- Woman guilty of stabbing fiance to death on wedding day
- Missing Univ. of Rhode Island student found safe
- Cops: Pa. couple stabbed each other over "American Idol"
- Investigator: Missing Iowa teen's blood found
- Plea deadline is today for Fla. teen Kaitlyn Hunt
- Atty: Charges will not be dropped in Kaitlyn Hunt case
- Fla. man accidentally calls 911 and reveals murder plan
- Kaitlyn Hunt rejects plea deal in underage sex case
- Iowa kidnapping suspect probed in cousins' 2012 deaths
- Cops: Utah teen arrested in death of his 2 brothers
- 3 teens charged with raping girl, 12, putting video on web
- Prosecutors: Accused killer Kelly Soo Park is a "flight risk"
- Fla. girl, 18, charged over underage same-sex relationship
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Tax Relief Lawyers in Jacksonville Beach
"Tax relief" in Jacksonville Beach, Florida can refer to a wide range of subjects. However, it almost always refers to lowering the tax liability, either of an individual, or a group of people.
When you hear the term "tax relief" used by an elected official, or someone running for office, they're almost always talking about tax cuts, which would apparently apply to the speaker's target audience. A tax cut is simply a reduction in the percentage of one's income (or whatever else is being taxed) that they have to pay in taxes.
But, many members of the general public, especially in recent years, associate "tax relief" with businesses or individuals who claim they can lower your tax liability - typically advertising on the Internet or the radio. These advertisements frequently claim that they have skilled lawyers and negotiators who can help you get out of your duty to pay taxes. While many of these organizations are legitimate, and are actually interested in helping their clients, a substantial percentage of "tax relief" organizations in Florida are scams.
Tax Relief Scams in Jacksonville Beach, Florida
It is pretty common for scammers in Jacksonville Beach, Florida to claim that, for a relatively small fee, they will help you get out of paying all of your taxes.
In most cases, however, these people have absolutely no legal means to truly help their "clients" ("victims" is the more accurate term), and will simply take your money and disappear. Fortunately, these scams in Jacksonville Beach, Florida typically have a few elements that are dead giveaways, which you should always be on the look out for if you're considering hiring someone offering "tax relief."
One of the biggest signs of a scam is an unequivocal guarantee or promise that the company can deliver a particular result. This is simply not a promise that any tax relief professional can reasonably make. Every case is different, and in many (if not most) cases, the taxpayer will not be suitable for any legal measures that can reduce their tax liability. An honest tax relief organization in Jacksonville Beach, Florida will be very upfront about this fact.
Another red flag to look for is a demand of a large up-front payment. Many tax relief scammers in Jacksonville Beach will not even pretend to try and advise you. Alternatively, they simply take the money and disappear, sometimes after making additional, and unauthorized, charges to your credit card or withdrawals from your bank account.
How Can a Tax Relief Attorney in Jacksonville Beach, Florida Help?
If you owe a massive amount in back taxes, and are unable to pay them, it may well be helpful to seek the advice of a Jacksonville Beach, Florida tax attorney.
A good Jacksonville Beach, Florida tax attorney can give you honest, unbiased legal advice that will be useful in handling any problem you have with your taxes. Of course, as you probably know, honest advice is, more often than not, the opposite of what one wants to hear, even if it is more useful than whatever puffery you'll hear from a scammer. Plus, in the extremely unlikely event that your tax attorney defrauds you, it will be much easier to seek legal action against a licensed attorney than against some scammer who probably doesn't use his or her real name.
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People v. BusheyAnnotate this Case
The Court of Appeals held in this criminal case that, to ensure road safety, a police officer may run a license plate number through a government database to check for any outstanding violations or suspensions on the registration of the vehicle without any suspicion of wrongdoing, and such a check does not constitute a search. The Court further held that information obtained indicating the registration of the vehicle was in violation of the law as a result of this check may provide probable cause for the officer to stop the driver of the vehicle. In so holding, the Court affirmed the intermediate appellate court’s reversal of the suppression court’s suppression of the evidence in this case, determining that the license plate check of Defendant’s vehicle and the traffic stop of Defendant’s vehicle and his person were lawful.
Decided on May 4, 2017
[*1]The People & c., Respondent,
Andrew R. Bushey, Appellant.
Barry Nelson Covert, for appellant.
Raymond C. Herman, for respondent.
DiFIORE, Chief Judge:
To ensure the safety of our roads, a police officer may run a license plate number through a government database to check for any outstanding violations or suspensions on the registration of the vehicle. We hold that such a check, even without any suspicion of wrongdoing, is permissible, and does not constitute a search. We further hold that information [*2]obtained indicating the registration of the vehicle is in violation of the law as a result of this check may provide probable cause for the officer to stop the driver of the vehicle.I.
In the early morning hours of August 10, 2014, a Buffalo State University police officer observed a vehicle operated by defendant drive past him. The officer testified at the suppression hearing that he did not observe any violations of the Vehicles and Traffic Law, nor was defendant's driving erratic or unusual in any way. Nevertheless, the officer manually entered the car's license plate number into his patrol car's computer system. This computer system was linked to a Department of Motor Vehicle (DMV) database which provided information about the registration of the vehicle and any potential suspensions or alerts associated with the vehicle. After running the plate, the officer discovered that the vehicle's registration was suspended due to unpaid parking tickets and, acting upon that information, he followed and stopped the vehicle defendant was driving. During the traffic stop, again using the database, the officer learned that defendant's license was also suspended. Based on his observations of defendant during the traffic stop, the officer arrested defendant for driving while intoxicated, along with violations for operating without a valid registration or license.
At the hearing granted upon defendant's motion to suppress evidence, defendant challenged the lawfulness of the stop of the vehicle and his person, on the ground that the officer conducted an impermissible search when he ran the license plate of the vehicle through the DMV computer. Defendant argued that the officer had no legal basis to run the license plate number because the alleged standard for manually running a license plate is the same probable cause standard for stopping a person driving a vehicle. The People responded that defendant's legal argument was not supported by case law, and in any event, that running the license plate did not constitute a police encounter or intrusion. Citing to People v Ingle (36 NY2d 413 ), the suppression court ruled that the officer had no cause to run the license plate and no reasonable suspicion to justify his stop of the car, and thus suppressed the evidence and dismissed the charges. The intermediate appellate court reversed, determining that both the license plate check and the stop were lawful. A Judge of this Court granted defendant leave to appeal (26 NY3d 1108 ), and we now affirm.II.
We start with the premise that "[s]ince Katz, the existence of a privacy interest within the Fourth Amendment's protective ambit has been understood to depend upon whether the individual asserting the interest has demonstrated a subjective expectation of privacy and whether that expectation would be accepted as reasonable by society" (People v Weaver, 12 NY3d 433, 439 , citing Katz v United States, 389 US 347, 361 [Harlan, J., concurring]). The question we must answer here is whether a driver has a reasonable expectation of privacy in information provided to the DMV concerning his or her registration of a vehicle [*3]operated on a public roadway, which is accessible to police officers through the DMV database.
As defendant concedes, a driver does not have any reasonable expectation of privacy in the license plate number itself, nor would any expectation in such publicly exposed information be recognized as reasonable by society. We now conclude that a driver has no expectation of privacy in the DMV database information associated with a license plate number. Our Vehicle and Traffic Law provides a comprehensive set of requirements for lawfully operating a vehicle in the State of New York. It mandates that
"[n]o person shall operate, drive or park a motor vehicle on the public highways of this state unless such vehicle shall have a distinctive number assigned to it by the commissioner and a set of number plates issued by the commissioner with a number and other identification matter if any, corresponding to that of the certificate of registration conspicuously displayed" (Vehicle and Traffic Law § 402[a]).
We have long recognized that "[o]ne of the important objects of registration of motor vehicles is to facilitate the identification of the owner" (Shuba v Greendonner, 271 NY 189, 192 ; see also Matter of Froslid v Hults, 20 AD2d 498, 503 [2d Dept 1964] ["the purpose of the license plate of an automobile is for ready identification of the owner by the police and by the public"]). This purpose is accomplished when a police officer is able to observe the physical plate number and access DMV information associated with it.
Though this Court has not addressed the particular question of whether a license plate check constitutes a search, every federal circuit that has considered the issue has held that it does not (see United States v Miranda-Sotolongo, 827 F3d 663, 668 [7th Cir 2016] ["observing and recording the registration number was not a search within the meaning of the Fourth Amendment. Nor was it a search to use the registration tag number (in which defendant had no reasonable expectation of privacy) to retrieve the registration information present in the law enforcement database"]; United States v Sanchez, 612 F3d 1, 3 n 1 [1st Cir 2010]; United States v Diaz-Castaneda, 494 F3d 1146, 1152 [9th Cir 2007] ["when police officers see a license plate in plain view, and then use that plate to access additional non-private information about the car and its owner, they do not conduct a Fourth Amendment search"]; United States v Ellison, 462 F3d 557, 563 [6th Cir 2006] ["Thus, so long as the officer had a right to be in a position to observe the defendant's license plate, any such observation and corresponding use of the information on the plate does not violate the Fourth Amendment"]; Olabisiomotosho v City of Houston, 185 F3d 521, 529 [5th Cir 1999]; United States v Walraven, 892 F2d 972, 974 [10th Cir 1989]). Lower courts of this state reached the same conclusion (see People v Davila, 27 Misc 3d 921, 925 [Sup Ct, Bronx County 2010], affd 137 AD3d 655 [1st Dept 2016]; People v Diggs, 38 AD3d 565, 565 [2d Dept 2007], lv denied 9 NY3d 922 ; People v Brown, 306 AD2d 291, 291 [2d Dept 2003], lv denied 100 NY2d 618 ), as have courts in other states (see [*4]People v Goodum, 356 Ill App 3d 1081, 1085-1086, 828 NE2d 835, 840 [Ill App Ct 2005]; Commonwealth v Muckle, 61 Mass App Ct 678, 681, 814 NE2d 7, 11 [Mass App Ct 2004]; State v Richter, 145 NH 640, 640-641, 765 A2d 687, 688 ).
Because the purpose of a license plate is to readily facilitate the identification of the registered owner of the vehicle for the administration of public safety, a person has no reasonable expectation of privacy in the information acquired by the State for this purpose and contained in a law enforcement or DMV database. Indeed, the information is typically provided voluntarily by a driver to a government agency in exchange for the privilege of a valid license and registration [FN1]. Considering that police officers are authorized by law to inspect and check for violations of licensing and registration requirements (see Vehicle and Traffic Law §§ 390, 401), drivers cannot claim any objectively reasonable expectation of privacy with respect to the DMV information being obtained by law enforcement [FN2]. An officer's observation of that which is publicly displayed and the use of the information relative thereto contained in the DMV database does not violate defendant's Fourth Amendment rights, nor any provision of our New York State Constitution. As defendant did not have any reasonable expectation of privacy in either his license plate or the information lawfully obtained and accessible through the DMV database, there was no search or seizure cognizable under federal or state constitutional law.III.
Police stops of automobiles in New York State are legal "when there exists at [*5]least a reasonable suspicion that the driver or occupants of the vehicle have committed, are committing, or are about to commit a crime" (People v Spencer, 84 NY2d 749, 753 ). While "a police officer may [not] stop an automobile, arbitrarily chosen from the stream of traffic on a public highway only because of the unusual but irrelevant appearance of the vehicle, solely to examine the motorist's license and registration" (Ingle, 36 NY2d at 414), defendant's freedom of movement was never "stopped" until after the officer ran his license plate and obtained probable cause to believe the vehicle was being operated with a suspended registration. We prohibit arbitrary traffic stops because they constitute unreasonable "seizures" of persons in violation of the constitution (see id. at 418). But here, the stop of defendant's car occurred only after the check had supplied the officer a reason to do so. And while we are mindful of the concerns about license plate checks,
"the possibilities of database error and police officer abuse, while real, do not create a legitimate expectation of privacy where none existed before. Government actions do not become Fourth Amendment searches simply because they might be carried out improperly. If an officer does go outside the proper bounds of a license plate search, it is that misconduct that might give rise to a constitutional or statutory violation" (Diaz-Castaneda, 494 F3d at 1152).
Nothing in the record before us suggests there was anything unreasonable about the police officer's actions or that the officer had any illegal motives. He ran the license plate and accessed the DMV database in the performance of his official duties. Therefore, the check was lawful, and the information from the database provided him with a valid reason to stop defendant's car.
Accordingly, the order of the County Court should be affirmed.
* * * * * * * * * * * * * * * * *
Order affirmed. Opinion by Chief Judge DiFiore. Judges Rivera, Stein, Fahey, Garcia and Wilson concur.
Decided May 4, 2017Footnotes
Footnote 1: Defendant argues on appeal that the officer may have accessed private information, such as his social security number. Although this argument is not preserved for our review, we note that the record indicates only that the DMV database used by the officer here gave information about the vehicle's registration and defendant's license status, and the officer testified that the only relevant factor he discovered before stopping defendant was that the registration was suspended due to unpaid parking tickets.
Footnote 2: To the extent defendant relies on the "Driver's Privacy Protection Act of 1994," which governs the release of information contained in DMV databases, that statute creates no reasonable expectation that license and registration information is kept private from law enforcement. The statute permits the release of DMV information "[f]or use by any government agency, including any court or law enforcement agency, in carrying out its functions" (18 USC § 2721 [b] ).
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Drink drivers are getting away with breaking the law because police are having to drive them up to an hour and 45 minutes to the nearest custody cells, it has been warned.
An investigation by the Daily Telegraph has found that officers across England and Wales routinely have to drive suspects for more than an hour before they can process their arrest after a third of all custody suites were closed down.
As well as fears that drink drivers are escaping prosecution as they have sobered up on the journey to the station, it has been warned that officers are opting to drive suspects home or simply giving them a ticking off to save time.
Those living furthest from stations say that they are “forgotten towns” where criminals can do as they please.
The number of custody suites across the country has fallen by a third since 2010, from 277 to 180. Just three of the 43 police forces in England and Wales did not provide data from 2010.
An analysis of the data, obtained using the Freedom of Information Act, shows that there are more than 70 towns in England which are more than twenty miles from a police station.
Rural areas have been the hardest hit with officers having to travel long distances often down country roads.
Over the same period, Home Office data shows that the number of arrests has fallen from more than 1.3million in 2009/10 to almost 700,000 in 2017/18.
Officers warn that cuts to police numbers combined with cuts to resources means that if they are forced to make a several hour round trip then there are no bobbies are left on the beat.
Clive Knight, Custody Lead for the Police Federation of England and Wales, said: “It is hard to ignore the knock-on effect the sale of police stations and closures of custody suites has had on policing as a whole.”
He said that the figures show it is a “particular problem” in rural areas where officers are “tied up for hours” as they have to drive for miles, process the detainee and then complete the paperwork.
Mr Knight added: “Even more concerning is in the case of drink-drivers it may also mean offenders ultimately escaping conviction entirely because of the length of time that has passed between the roadside breath test and the evidential sample taken in custody.”
In North Wales many towns are more than an hour to their nearest station, and if officers made an arrest in Aberdyfi they would have to travel more than 66 miles, a journey taking around 1 hour and 45 minutes, to the nearest custody suite in Caernarfon.
In Aberdyfi locals say the lack of facilities is “a joke” whilst in neighbouring Tywyn, which has a huge influx of holiday makers during the summer months, residents say that so-called county lines drug dealing is a particular problem.
Crime is in danger of getting out of control as the area’s two officers cannot cope, they claim.
Gillian Roberts, 64, who runs a craft shop in the town, said: “It is fast becoming a serious problem.
“We’ve got vulnerable young people being used to sell drugs here and the police no longer have the resources to deal with the issue.
“If the nearest custody station is almost two hours away, how are they supposed to protect us?
“It takes two officers to transport a suspect, so while they’re on the road to the station there’s no one left to police the town.
“It’s no surprise that as a consequence crimes are going unpunished because officers may not want to travel those kind of distances. Instead, people committing crimes are often just getting a ticking-off.
“There are some people here now who know they’ll get away with all sorts now because the police won’t be able or willing to drive them all that distance to have them dealt with.”
Katherine Wilson, 73, said the perception that crime is going unpunished has also led to an increase in traffic offences.
“We’re becoming a forgotten town,” she told the Telegraph.
In North Yorkshire officers in some areas have to drive for an hour and a half to the nearest station whilst Northumbria has a number of towns more than an hour and a quarter from the cells and Avon and Somerset, Dorset, and Devon and Cornwall all have areas which are an hour or more.
Inspector Andrew Berry, Chair of Devon & Cornwall Police Federation, warned last month that officers are now at the stage where they “dare not arrest anybody” as there will be no-one left to work the streets.
He said that some officers were opting to drive suspects home rather than to the cells in order to save time.
In many areas they can use another force’s cells if there are operational reasons to do so, but it is not done on a regular basis or simply because of the distance.
In line with Government guidance forces also have moved toward voluntary attendance where a suspect takes themselves to a police station to avoid an officer having to drive them.
Mr Knight added: “The new Prime Minister and his government must ensure that their commitment to increasing police resources extends, not just to boosting officer numbers, but to the policing infrastructure as well to ensure that this worrying situation is not allowed to worsen.”
Superintendent Richie Green who is responsible for the Gwynedd South area for North Wales Police said that he recognisned that the distance presented a “challenge for my staff working in a rural locality” and it was “one familiar to many rural forces”. He said that they worked with neighbouring forces where appropriate.
North Yorkshire said its facilities were “frequently reviewed” to ensure they were meeting demand and Government requirements.
Avon and Somerset said that officers working on outlying areas of their force now have enhanced vehicles, fitted with cages to transport prisoners to custody centres.
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Philadelphia Religious Discrimination Lawyers
The law says that employers can not discriminate against employees based on their religion. Employers may not treat employees or job applicants differently, either less or more favorably, because of their religious beliefs and practices or lack thereof. Additionally, employers must reasonably accommodate the genuine needs of employees to practice their faiths, as it applies to the work environment.
If you have been rejected for employment, fired, harassed or otherwise harmed in your employment because of your religion, your religious beliefs and practices, and/or your employer failed to comply with your reasonable request for a convenient accommodation of your religious beliefs and practices, you may have suffered unlawful religious discrimination.
Employers must also take steps to prevent harassment of their employees on the basis of religion. Employers may not place stricter restrictions on religious expression than on other forms of personal expression that have a comparable effect on workplace efficiency.
A few examples of possible religion discrimination include, but are not limited to:
- A company was ready to hire you until your prospective employer saw you wearing a yarmulke, or other religious clothing.
- You are repeatedly mocked because of your strong religious beliefs.
- You were fired or penalized because you missed work to observe a religious holiday.
- You were not hired by an employer with strong religious beliefs because you are an atheist.
- You were forced to remove your head scarf while other employees were allowed to wear baseball caps.
- You believe your employer discriminates against you, or is treating you differently, or trying to get rid of you because of your religious beliefs.
Other Areas of Discrimination:
- Age Discrimination
- Gender Discrimination
- Race Discrimination
- Pregnancy Discrimination
- National Origin Discrimination
- Disability Discrimination
- Sexual Orientation Discrimination
Call the Philadelphia discrimination attorneys at Sidney L. Gold & Associates, P.C. today for a free assessment of your religious discrimination claim.
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Many things made sense in the end.
In March 2006, Marlene Smith was sentenced to serve 18 years to life in prison for Anthony Proviano's murder.
Eleven months later, a Belmont County, Ohio, jury found her ex-husband, Doug Main, not guilty of perjury and obstruction in the case. The jury deliberated less than three hours before returning its verdict.
Special prosecutor Thomas A. Hampton wasn't surprised. He knew going into the trial the case against Mr. Main was weak.
Accordingly, on April 24, he dismissed obstruction and perjury charges against Douglas St. Clair.
Testimony at the earlier trials had revealed Mr. St. Clair's personal relationship with Ms. Smith during the time of Anthony's murder. But the same prosecution witnesses from Mr. Main's trial would have taken the stand, and jurors told Mr. Hampton they were not believable.
Briefs have been filed in Ms. Smith's appeal, but the court of appeals has not scheduled a date for oral arguments.
She has not spoken about the case.
Many other issues, however, remain unresolved.
It's unknown how Anthony met Ms. Smith, or where. Neither have there been answers to why Anthony rented a hotel room, how his gun was used, and how Mr. Main and Mr. St. Clair were involved.
The most important question of all is the one that will never be answered: Why did this happen to Anthony?
His medical school classmates are now in practice, with families and careers. His beloved Z28 Camaro was sold years ago. Photos of him through his first 29 years adorn his parents' home.
A singular pain holds parents who lose a child to murder. The inexplicability and immensity of loss never leave. Any unremarkable part of every day can unexpectedly produce pain.
Anthony's parents believe he intended to help Ms. Smith by getting her a hotel room that cold December night. They'll continue believing that as long as the grim truth remains unknown.
Gallery of key figures
Index to the serial
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COVINGTON -- Newton County Sheriff's Office deputies were called to the Brown Bridge and Salem roads area during the early morning hours Sunday after they received a report of a suspicious man with a small child in dark parking lots.
"We received a complaint of a male dragging a child around and deputies were able to locate the male and the juvenile," said NCSO spokesman First Lt. Mark Mitchell. "Deputies determined the suspect was the young girl's father and he was intoxicated."
Mitchell said the child was a preschool-age female and she was taken home to her mother and the father was taken to the Newton County Detention Center.
Shane Rodney Taylor, 34, of 20 Helen Road, was charged with cruelty to children and contributing to the delinquency of a minor.
In other crime news, a woman living on Whippoorwill Drive called the NCSO to report suspicious activity on July 13.
The woman told deputies that she had been having problems with her computers and telephones since May 2011.
"She stated she thinks someone has placed something in her house allowing them access to the system," the responding deputy states in an NCSO incident report. "She stated every morning all of her computers download around (4 a.m.) and she cannot stop it."
The woman told deputies computer technicians have told her that someone has gained access to her computers remotely, as well as placing an item in her house, allowing them access. It cannot be stopped unless she locates the item, she said.
She said she has called her service provider and always gets the same representative every time she calls.
She also complained that packages she has not ordered are delivered to her home and several minutes after delivery, they are picked up by "a foreigner."
An investigation into the complaint is ongoing, Mitchell said.
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LUBBOCK, TX (KCBD) - 19-year-old Trayvion Deshawn Caro was indicted by a Lubbock Grand Jury on Tuesday, charged with the murder of 30-year-old Matthew Pickett on March 9, 2018.
Police were called to the 1300 block of 65th Drive just before 8 p.m. that Friday for a report of criminal mischief.
Officers were flagged down by members of Pickett's family, who had come to check on him. Officers found Pickett and saw that he had been shot.
41-year-old Arthur Moore, Jr. was named as a person of interest in this case, but was not charged.
The arrest warrant for Caro states that the "video camera over the front door depicts in high definition, the murder of Matthew Pickett."
The warrant says Pickett was dog-sitting for his family members and was inside their apartment. The video shows Moore come and go from the apartment, and a few minutes later Caro arrives and goes into the apartment. "Several minutes later, an explosion out of the front window is captured on the camera. This would be the bullet that was fired from Matthew's apartment and struck the upstairs window," said an officer in a police report. Caro is then seen leaving the apartment and running from the scene.
Caro is in the Lubbock County Detention Center, held on $200,000 bond.
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RICHMOND, VA (WWBT) - A woman died after a shooting Friday night in Richmond's Southside.
Police were called to a domestic disturbance on Berrywood Road. When officers arrived they found 42-year-old Robin Mitchell shot to death.
Investigators questioned a male friend of Mitchell's who was there at the time of the shooting.
Mitchell had been employed with Richmond Public Schools from 2005 until the present. She served as both a bus driver and a cafeteria monitor at J. L. Francis Elementary.
Felicia Cosby, spokesperson for Richmond Public Schools, had this to say of Mitchell:
"We are truly grieved at the loss of Ms. Mitchell. She was an outstanding employee who went above and beyond to promote and ensure the welfare of the students, families and co-workers she touched. She will be missed."
The case is considered a death investigation. It has not been classified a homicide.
Police are waiting for the medical examiner to determine a cause of death before deciding what they are dealing with and whether or not any charges should be placed.
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Acceptable Use Policy (AUP)
Next Level Networks (NLN) is pleased that you have chosen us to be your Internet Service Provider. These terms of service have been designed to protect our service as well as the community network and the internet community from activities that may be illegal, inappropriate or would degrade the network’s performance and impact the quality of service to other members.
All subscribers must abide by these terms. Violation of any terms of service may result in the immediate suspension of internet service and possibly termination of your access to the community network.
The terms of service may be updated from time to time, and NLN will make members aware of such changes by posting the current version of the terms of service on its website. Revised versions the terms of service will be communicated to subscribers via the email on file.
- Prohibited Activities. You may not use the service in a manner that that does any of the following: violates any applicable local, state, federal or international law, order or regulation, infringes upon the rights of others, interferes with or diminishes the use and performance of the network by others, or interferes with or diminishes NLN’s ability to operate its ISP service or violates its agreement with the community network. Additionally, you may not use the service to:
- Harm or attempt to harm a minor, including, but not limited to, hosting, possessing, distributing, or transmitting child pornography or other material that is unlawful.
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- Servers. You may not operate, or allow others to operate, servers of any type or any other device, equipment, and/or software providing commercial server-like functionality in connection with the Service, unless expressly authorized by “NLN”.
- Misuse of Service. You may be held responsible for any misuse or abuse of the Network that occurs through your account or IP address, even if such uses are inadvertent or unintended. You must therefore take precautions to ensure that others do not gain unauthorized access to the Network, misuse, or abuse the network, including conduct in violation of these Terms of Service.
- Security. You are solely responsible for the security of any device connected to the service, including any data stored on that device. You are responsible for implementing appropriate security precautions for all systems connected to the service to protect against threats such as viruses, spam, Trojan botnets, and other malicious intrusions. You are responsible for enabling the security of any wireless (Wi-Fi) networks connected to the service. Any wireless network installed that is unsecured or “open” and connected to the service is prohibited. You authorize NLN to use technology to detect unsecured wireless networks associated with your use of the Service. If NLN determines that you are using the Service via an unsecured wireless network, NLN will notify you to enable the Security on the Wi-Fi device.
- Disruption of Service. You may not disrupt the network in any manner. You shall not interfere with computer networking or telecommunications services to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges or attempts to “crash” a host.
- Viruses, Trojan Horses, Worms and Denial of Service Attacks. Software or other content downloaded from the Service may contain viruses and it is your sole responsibility to take appropriate precautions to protect your computer from damage to its software, files and data. You are prohibited from posting, transmitting or disseminating any information or software that contains a virus, Trojan horse, spambot, worm or other harmful program or that generates levels of traffic sufficient enough to impede others’ ability to send or retrieve information. Prohibited conduct of this type includes denial of service attacks or similarly disruptive transmissions, as well as transmissions containing other harmful or malicious features. We may suspend your access to the service without prior notice if we detect a harmful program such as a virus infection. Your access to the service will be resumed once the harmful program is removed.
- In rare cases, multiple or simultaneous data consuming activities may adversely impact the service or network. You must ensure that your activities do not improperly restrict, inhibit, or degrade any other user’s use of the service, nor represent an unusually great burden on the network itself. In addition, you must ensure that your use does not improperly restrict, inhibit, disrupt, degrade or impede NLN or NLN’s ability to operate the network and monitor the network backbone, network nodes, and/or other network services.
- Disruption of Service: In no event shall NLN be liable for any failure or interruption of service resulting in part or entirely from circumstances beyond NLN’s reasonable control.
- Force Majeure: NLN shall not be liable for any delay or failure of performance or equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood, explosion or other catastrophes; any law, order, regulation, action or request of a Federal, state or local governmental authority or of any civil or military authority; national emergencies, unavailability of rights-of-way or materials; or strikes, lock-outs, work stoppages or other labor difficulties.
- Member Property: NLN assumes no responsibility for the condition or repair of any Subscriber provided equipment. NLN is not responsible or liable for any loss or impairment of reception of service on the network due in whole or in part to a malfunction or defect in Subscriber provided equipment.
- NLN will comply with any lawful request, order or demand from appropriate law enforcement and governmental entities regarding its services, use, data and facilities.
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A thug is a thug is a sociopath. There is no boundary violation a thug will not commit. Criminal versatility is consistant trait among the ranks of thugs everywhere, throughout time: http://online.wsj.com/article/AP8f7375bbf2784ab99aeea32dd45e553d.html This is the personality type the DHS is actively seeking and conditioning to abuse us. They commit crimes of all types. This is simply what thugs do. If we continue to permit our Federal government's current lawlessness, we will be saddled with these thugs at every public transportation hub and every public street.
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Malpractice attorneys-Find Out How To Discover Amazing Accident Attorney In Your LocationArticle by-Meredith Walker
It is always best to employ a mishap injury lawyer, regardless of the size of your legal concern. It is very important when handling legal matters to have a lawyer who may assist you comprehend whats going on and what you require to do. news car accidents today have some general guidelines on how to pick a lawyer who can finest satisfy your requirements.
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We can ensure that we create the safest environment possible for our kids. Keeping our kids Safe on the Road: What You can Do -
Before you begin looking for an accident injury legal representative, guarantee you understand what kind of attributes you wish to see in a legal representative. When searching for recommendations for legal representation, start by asking family and friends whom they would suggest. You don't want to wind up with an unskilled lawyer who can not properly serve your requirements, and for this reason, it is necessary that you choose other people's recommendations and experience. The web is typically a valuable resource of details about any attorney. Seek advice from the internet before you enter into a working relationship with a mishap injury legal representative.
If you are searching for a specific attorney to deal with all your legal cases, a face to face conference is the best before employing them. Throughout the face to face conference, be keen to note if the mishap injury legal representative listens and react to your concerns, the number of questions they ask, the type of understanding they have regarding your legal situation, and how well they preserve eye contact during the conference. If you discover a prospective attorney makes consistent eye contact with you during your conference, it's a sign that she'll be deeply invested in your legal case as the procedure unfolds. If you've spoken with a number of candidates, pick the one that finest satisfies these requirements.
Ethical legal representatives are truthful and candid about the extent of their experience and their understanding in different aspects of the law. If they are not qualified, then they shouldn't advice you from an ethical standpoint. your input here , attorneys can make false claims about what they've carried out in the past. Some lawyers may require to accept one case with a goal of acquiring the new experience.
Injury lawyers will work on several cases within an offered time period. No matter what her case schedule is, your legal agent must have the time essential to resolve yours sufficiently. If you feel that your legal case isn't getting enough attention, share your concerns with your mishap injury legal representative. By doing enough research prior to choosing an attorney, you might get an idea of how conscientious he or she has to do with moving cases forward in a prompt way.
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The Independent Filmmaker/Producer/Investor will need the services of an experienced or good Illustrator for her/his/their Project. An Illustrator is a Graphic Artist who specializes in enhancing writing (e.g. a script) by providing a visual representation that corresponds to the content of the associated text. The illustration produced will be intended for Project promotion such as visual advertisement on posters, in magazine or on billboards, etc.
Computers are used to produce most of the commercial illustrations. There are no formal qualifications needed to become an illustrator. However, many established illustrators attended an art school or college of some sort and were trained in different painting and drawing techniques.
This Agreement between the independent Illustrator and the Producer is drafted in plain English that is easy to read and comprehend. This is a four page ten clause Agreement. The Agreement may be filled in on your computer or printed out and filled in later.
We regularly receive feedback that we have successfully drafted our filmmaker contracts to be as complete as possible for all legal situations. However, should you experience a unique personal situation requiring the drafting of a special clause, please contact us at your convenience. Otherwise, you may be obliged to find a local entertainment lawyer experienced in the film making industry who will draft any and all other clauses for your Project’s unique situation or circumstance.
This Agreement is part of the Director’s Deal, and the Producer’s Deal and the Investor’s Deal.
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Getting injured on property in Maryland usually happens as a result of negligence. This could include anything from falling downstairs to slipping on a piece of trash. However, not all slip-and-fall cases occur from negligence nor warrant a lawsuit.
Premises law basics
Premises law makes property owners responsible for keeping their property free from hazards. This law applies to almost any type of structure with a potential for hazards such as swimming pools, construction sites, parks, playgrounds, public businesses and government buildings.
Property owners have to maintain a reasonable safety standard. For example, proper lighting in open parking lots helps protect consumers from falls when it gets dark or visibility runs low.
What a plaintiff needs to prove
Every state sets its own laws regarding premises liability, but some general factors commonly determine if an injured party can bring a case against the owner. The defendant has to own or lease the property, and they must have acted negligently by not removing a known hazard. In addition, it must be proven that this neglect caused injury.
However, there could be some exceptions. The hazard has to be known to the defendant in a reasonable time. For example, a property owner may not know that a strong wind caused a portion of the roof to fall overnight and make someone trip. But if snow accumulated on the roof and melted to cause a slippery hazard and the owner had reasonable time to remove it, they could be liable.
The law also expects a visitor to be reasonably cautious and responsible for their own safety. Some states have what is known a comparative fault. It means the plaintiff has to share a portion of the fault with the defendant, and compensation is based on that percentage.
Getting legal help
Premises liability cases can be complex since plaintiffs need strong proof. If an injured part thinks that neglect caused their injury, a lawyer may be able to help them prove the negligence.
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As per the information derived from so many sources, it has been revealed that almost 90% of the citizens have passed the eligibility test in order to receive the stimulus checks. The total amount of the said check is 1,400 USD. However, this does not mean that there is no such citizen who did not receive the money. There are still so many people who could not receive the third round of financial aid provided by the government.
Stimulus Check- Important Information
Currently, the department of IRS is one of the busiest in the country. They are so caught up in providing the stimulus checks in bulk and that too under various different programs. The money they are sending is the traditional refunds, plus up payments, child tax credit stimulus checks, and unemployment benefits. It is also to be noted that they are still not done, there still is so much work left. A total of 35 million taxes are already waiting to be processed by them. So considering the workload and the diversity in the programs, there might be a delay or any of that sort for some who did not receive their money.
As per the statement given by the IRS department, new batches of the financial relief fund were already dispatched by them. And they were precisely sent to those people who filed for their taxes recently. The ones who lacked the needed information including routing numbers, bank account, and address. The deadline for the tax filing which was on the 17th of May has declined. However, this is not the end. People can still file for an extension and get the job done by the 15th of October this year. This will enable the IRS to get access to the required information and the filers might get their share of the stimulus checks.
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Sports Law is an emerging practice in the country, and in an ever-evolving legal scenario, it is a vertical that is still trying to establish its business and legal foothold. Given our deep relations, strong understanding, and extensive experience with various governing bodies, leagues, celebrities, sportspersons, sports federations, and others, we are able to discharge quality legal support to our clients in a commercially feasible manner. The firm’s expertise extends to sports, gaming, anti-doping, contracts, agency, trademark, athlete & celebrity management, and tax issues.
Our expertise lies not just in Sports Law but also in the rapidly upcoming and dynamic gaming laws as well, especially with the ongoing merging of gambling, casino & lotteries, casual & social gaming, media, and sports. The dynamic and proactive nature of the firm is exhibited by the continuous evolution of the team in staying relevant with the times and having established strong relations while building a robust practice around, licensing rights, equity deals, and transactional deals, which is over and above the general endorsements.
Sports structures have been advancing in the country there has been an introduction of various sports leagues there has been an increase in disputes in the sports sector. Additionally, the hierarchical structure in a large number of sports bodies, from the sportsperson to the sporting club and the governing association, adds complexity to the control and monetization of brands and merchandise. It is by understanding these challenges that we have undertaken and developed our practice in the sector and have developed a deep and conceptual understanding. We are your One-Stop Solution providing comprehensive legal advice with a multi-disciplinary approach.
Some of the key services that we have fulfilled have dealt with anti-doping, policy, contractual advisory, media management, gaming and betting, athlete representation, and risk management. Our proficiency is not restricted to mainstream physical sports but extends beyond that to the technological innovations that have developed in the sports vertical. Further, we have advised organizations in fantasy sports, e-sports gambling, online gaming, casino, and lotteries.
Our experts provide legal advice in areas including the exploitation of commercial rights, new media, and marketing rights, drafting of rules and regulations, investigations, disciplinary and anti-doping proceedings, anti-corruption, sports broadcasting, sports financing, esports, sports gambling, and comprehensive legal services for clients involved in all aspects of college and amateur athletics as well.
Some of our clients include reputed universities, sports leagues, athletes, coaches, and other individuals and organizations involved in disputes relating to sports law. Our attorneys have assisted some of the top sports celebrities in India. The team at Lex Chambers also continues to advise the leading Sports Foundation on their grassroots activation to be inclusive in sports and has supported in the establishment of several sporting properties for the same. Given the nature of our clientele, our practice is sensitive to all information and on all matters, including broadcasters, governing bodies, right holders, brands and sponsors, agencies, or athletes and we provide services for anti-ambush marketing strategies, sponsorship, brand acquisition merchandising, and licensing.
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What is Reconveyance?
Reconveyance refers to the transfer of property ownership from a lender to a borrower after the borrower has successfully paid off their loan. It is essentially the process of releasing the lender’s lien or legal claim on the property. This legal procedure is crucial in mortgage or trust deed transactions, as it confirms that the loan obligation has been fulfilled, and the borrower now has complete ownership and control over the property.
The Reconveyance Process
The reconveyance process involves several steps that ensure the transfer of property ownership is legally recognized:
- The borrower fulfills the loan terms and pays off the remaining balance.
- The lender prepares a reconveyance document, also known as a Reconveyance Deed or Deed of Reconveyance.
- The reconveyance document is recorded with the appropriate government agency, typically the county recorder’s office where the property is located.
- Once recorded, the lender’s lien is released, and the borrower officially becomes the sole owner of the property.
Importance of Reconveyance
Reconveyance plays a pivotal role in the loan process and offers significant benefits for both borrowers and lenders:
- Clear Title: Reconveyance ensures the borrower obtains a clear title free of any encumbrances or liens, allowing for easy transfer of ownership in the future.
- Proof of Loan Repayment: It serves as legal proof that the borrower has fulfilled their loan obligation and repaid the entire borrowed amount.
- Elimination of Lender’s Interest: Reconveyance eliminates the lender’s interest in the property, reducing their liability and ensuring the property is solely the borrower’s asset.
Differences between Reconveyance and Release of Mortgage
Although often used interchangeably, reconveyance and the release of mortgage are distinct legal concepts:
|Release of Mortgage
|Applies to trust deeds or deeds of trust where the lender holds the legal title until the loan is paid off.
|Applies to mortgage loans where the borrower holds the legal title while the loan is being repaid.
|Transfers ownership from the lender to the borrower.
|Clears the lien or encumbrance on the property once the loan is paid off.
|Recorded with the county recorder’s office.
|Registered in the local land registry or similar governing body.
Reconveyance Costs and Fees
During the reconveyance process, certain costs and fees may be incurred:
- Reconveyance Fee: Lenders might charge a fee to prepare the reconveyance document and fulfill any administrative requirements.
- Recording Fee: The borrower is responsible for paying a fee to the county recorder’s office for recording the reconveyance document.
- Document Preparation Fee: Borrowers may need to pay a fee to a third-party service for preparing the reconveyance document accurately.
The Role of a Reconveyance Company
Many borrowers enlist the services of a reconveyance company to handle the reconveyance process effectively. These companies specialize in navigating legal requirements, ensuring the accurate preparation and recording of the necessary documents, and streamlining the overall process for borrowers.
Reconveyance marks a significant milestone for borrowers, granting them complete ownership rights over a property after successfully repaying their loan. It is a legal procedure that finalizes the transfer of property ownership by releasing the lender’s lien. Understanding the reconveyance process and its related terminology is essential for individuals and businesses engaged in loan transactions involving real estate property.
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Surveillance is a double-edged sword. On the one hand it is necessary for security, safety, and a multitude of other reasons. On the other, it is a sinister tool ripe for abuse. Surveillance intersects with peoples’ lives in many ways. The three main intersections include in the workplace, as a consumer, and through the government. There are a number of surveillance techniques available to be used by these entities. These techniques are not mutually exclusive. However, certain techniques are more common to certain venues. Some of the more common techniques for each venue will be discussed. Surveillance is not restricted to any particular geographic location. Surveillance is commonly practiced around the globe to varying degrees. One of the countries that have higher rates of surveillance, Malaysia, and one that has a lower rate, Italy, will be explored. After a clear understanding of the current state of surveillance and surveillance techniques are presented an attempt to project into the future of the field will be discussed. All of this information will lead to possible implications that may be created as a result of the future state of surveillance. In the end, it should be obvious that surveillance serves many useful purposes, but seems to be heading towards an extreme throughout the world.
Businesses have increasingly been concerned with the activities of their employees. It is in any businesses best interest to maintain the highest level of efficiency in an effort to reach maximum profitability. Surveillance in the workplace can be used for many purposes including asset protection and dispute resolution. In an effort to achieve these goals, industry has gone to great lengths to implement many surveillance measures. Originally, workplace surveillance was mostly for the purpose of asset protection. However, an increased measure of surveillance was onset by the introduction of computers in the workplace. From that point in history it was important for employers to make sure their employees were actually using this new tool for work purposes. The increasing role of surveillance in the workplace has continued to reach new heights. Currently in the workplace there are five main types of surveillance of employees. First, employees are continuously monitored through their work computers and telephones. Computer monitoring is largely accomplished through the use of specialized software. Software of this type can enable employers to remotely view what an employee is viewing on their computer screen, can allow access to the contents of an employees hard drive, can monitor keystrokes (number of strokes and/or keys pressed), can retrieve deleted data, can view e-mail messages, and monitor the amount of time an employees computer remains idle. Telephone monitoring is a little more legally complicated, but can usually be accomplished to some extent under the guise of quality control. Telephone usage is monitored via real-time listening (most difficult legally) or through the use of a pen register to record numbers dialed and length of calls. Second, employers use video surveillance. Video cameras, both overt and covert, are commonly used in the workplace for asset protection. However, this type of surveillance is sometimes used to review employee productivity, aide in dispute resolution, and for tragedy prevention. Third, employers commonly require DNA samples as a condition for employment. This is usually gathered through a urinalysis or a hair sample. The purpose of this DNA gathering is mostly to monitor for illegal drug use. However, there have been cases where employers have used this to test for current medical conditions such as pregnancy. Fourth, employers are requiring employees to carry work access badges. These work badges may monitor the movement of employees inside the building and upon entrance or exit. The final main method of workplace surveillance is for employees that use company vehicles. Many companies are outfitting their vehicles with Global Positioning Systems (GPS). These GPS systems are fairly sophisticated with the ability for an employer to view the vehicles movement on computerized maps.
Surveillance of the average citizen is being performed by governments. This is accomplished through actively seeking information on citizens or through “the creation of junctures in life where citizens have no choice but to identify and document themselves”. Surveillance that focuses on the “junctures in life” is so ingrained into societies that it goes unnoticed. Examples of this type of surveillance include things that are usually considered common everyday activities that are documented. Governments documents marriages, deaths, births, property ownership, taxes levied, issued passports, issued drivers licenses, and issued social security cards. All of these documents are integrated into the system of society are made to be necessary for one purpose or another. However, they also are solid government record snapshots of people’s lives ranging from birth to death. A government actively seeking information on their citizens is usually more secretive. This may take the form of electronic eavesdropping, searching library records, reviewing cellular phone logs, or obtaining medical records. One example of a highly secretive mechanism for actively seeking information is Project ECHELON. Project ECHELON is believed to be a data interception tool run by the National Security Agency (NSA). This project is headed by the United States of America in conjunction with the governments of the United Kingdom, Australia, Canada, and New Zealand. This project is constructed by strategically placed satellites and satellite interception stations. It has been speculated that Project ECHELON has the capability to monitor cellular phone traffic, ground telephone line chats and faxes, telexes and satellite communications links, and e-mail on a global scope for further processing.
As a consumer, people are subject to the surveillance practices of corporations. The surveillance camera is commonplace in many shopping areas. However, this technology has increased in sophistication for use by retailers. For example, some systems have the ability to create color-coded outlines of a person’s image on the surveillance monitor if they remain in one location for a specified period of time. Data mining is the other major surveillance tool aimed at consumers. Corporations make the argument that this surveillance is performed to provide customers with the desired consumer experience. Others argue that “consumers are [the] subject of efforts aimed at directing their buying behavior and educating them in consumer skills”. The commercial data industry is a global multi-billion dollar business. Traditionally, data mining was used for one of the two previously mentioned purposes by “combining socio-economic with geo-demographic data”. In modern times, some of this information is obtained through major credit reporting agencies. Some of the data that is collect through this method is highly controversial: “such reports, containing names, addresses, Social Security numbers, and credit history, [etc.]”. Many have argued that valid reasons for corporations obtaining Social Security and driver’s license numbers for the purpose of better serving their customers is ludicrous.
Surveillance trends around the globe vary widely. For the most part, the same technologies are available for use by any country. The only constraints that occur are legal, financial, or technological know-how. To give examples of the range of surveillance trends around the globe a country with severe restrictions (Malaysia) and a country with more personal protections against intrusion (Italy) will be explored. However, it should be noted that there are virtually no countries that are the polar opposite of severe restrictions.
Malaysia is one of the worst countries in terms of being a surveillance society. The constitution of Malaysia does not specifically recognize a right to privacy, but does include a conclusive list of fundamental rights. These fundamental rights include freedom of speech, assembly, and movement. These fundamental rights were implemented in 1956 resulting from the treat of Communist influence. However, in resent years the government has effectively reduced the effectiveness of these fundamental rights by law or practice in the name of anti-terrorism. Data protection is currently wishful thinking in Malaysia. A Personal Data Protection Bill has repeatedly been introduced to the Malaysian Parliament since 1998 and has yet to be adopted. One of Malaysia’s most controversial laws is the Internal Security Act (ISA). The ISA allows police to enter homes and conduct searches in the name of national security without a warrant. Judicial review of arrest made under ISA is limited. In this case, authorities are not required to produce evidence or detailed charges. Police regularly use the ISA to search homes and to make seizures, monitor conversations, and take persons into custody without a warrant. Persons arrested under ISA can be held for sixty days without being charged. However, the internal security minister can extend detention for up to two years, renewable indefinitely. In addition, the ISA does not require that detainees be informed of the accusations against them or that they have the right make an appeal to the advisory board every six months. Other laws with implications for privacy include the Anti-Corruption Act, the Companies Act, and the Penal Code. The Anti-Corruption Act empowers the Attorney General to authorize the interception of any messages sent or received through any means of communication and wiretapping of telephones in corruption investigations. The Companies Act grants the Registrar of Companies broad powers to block or disband organizations deemed to threaten to national security or the national interest. This authority has been used to prevent international human rights organizations from establishing domestic operations. Section 509 of the Penal Code provides criminal penalties for insulting “the modesty of any person or intruding upon the privacy of any person by uttering any word, sound or gesture, or exhibiting any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen by such person.” A new anti-terrorism amendment to the Penal Code gives the government broader authority to secretly install surveillance devices on private property. Most government agencies plan to implement Oracle Corporation’s citizen data hub. This database would include information on individuals including background, educational achievements, and health records. In 2005, the government began implementing a biometric system to keep records of foreigners in the country. In 2004, the government decided to install closed circuit television (CCTV) cameras in major cities. Currently, additional temporary cameras are being installed in less populated areas. In 1999, Malaysia was one of the first countries in the world to use a chip-based identification card that is also a multipurpose smart card. The card, named MyKad, incorporates both photo identification and fingerprint biometric technology. MyKad currently has seven functions other than mere identification: driver’s license, passport information, health information, e-cash function, toll payment, automated teller machine, and public key infrastructure. Rights pertaining to freedom of information do not exist in Malaysia. Due to the absence of this right, the government has sometimes directly restricted the release of information deemed embarrassing or prejudicial to national interests. For example, the government has had a policy of prohibiting public disclosure of air pollution readings and deaths due to dengue fever.
Italy is in the middle of the road when it comes to a surveillance society. The Italian Constitution, adopted in 1948, has several limited provisions relating to privacy. Article 14 states, “(1) Personal domicile is inviolable. (2) Inspection and search may not be carried out save in cases and in the manner laid down by law in conformity with guarantees prescribed for safeguarding personal freedom. (3) Special laws regulate verifications and inspections for reasons of public health and safety, or for economic and fiscal purposes.” Article 15 states, “(1) the liberty and secrecy of correspondence and of every form of communication are inviolable. (2) Limitations upon them may only be enforced by decision, for which motives must be given, of the judicial authorities with the guarantees laid down by law.” The Privacy Code relating to the protection of personal data was enacted by a Legislative Decree of 30 June 2003. The Code creates more protections for personal data. The Code consist of three sections with the first containing provisions dealing with the rules applicable to the processing of personal information in the public and private sector; the second dealing with “special requirements,” which would apply to specific sectors, such as debtors or the health sector; and the third concerning administrative and judicial issues. Violators of the Code may face harsh administrative or criminal penalties. Wiretapping is regulated by Articles 266-271 of the Penal Procedure Code and may only be authorized in the case of legal proceedings. Government interceptions of telephone and all other forms of communications must be approved by a court order. The law on computer crime includes penalties on interception of electronic communications. Interception orders are granted for 15 days at a time and can be extended for the same length of time by a judge. The judge also monitors procedures for storing recordings and transcripts. Any recordings or transcripts that are not used must be destroyed. The conversations of religious ministers, lawyers, doctors or others subject to professional confidentiality rules can not be intercepted. In light of these limited protections a number of abuses in communications surveillance have occurred. In 2005 the Italian police placed a backdoor into an Internet Service Providers (ISP) server, and monitored all transactions of the ISP’s 30,000 subscribers. Another example includes Telecom Italy which collected thousands of files on stars and influential people.
Considering all of these future trends, what is the future of surveillance technologies? Given the inherently secretive nature of surveillance it is difficult to determine what is on the horizon, especially over the next thirty years. However, there are a few future surveillance technologies that are often mentioned. These future technologies often are the result of the miniaturization or improvement of current technologies.
One possible future surveillance technology is iris scanning capabilities. This technology is already possible for identity purposes. However, this technology is in its infancy. It remains limited in the sense that the subject must be relatively close to the scanner and must remain still. In the future it has been speculated that iris scan will be used for a number of applications. An iris scanner may be more practical in the future by only requiring a light to be flashed in a subject’s direction. Once a scan is obtained the information available about that individual could be endless when instantly cross referencing an informational database. In a moments glance, the surveillance person administering the scan can know your personal information, criminal history, consumer habits, financial status, and the list goes on.
A future technology being explored is small flying surveillance devices. These devices may be as small as the tip of a person’s finger. Due to their size, they may be able to fly around and collect data undetected not receiving any more attention that a flying insect. In fact, that is another possibility, cyborg insects. This possibility is being explored by researchers using moths. The idea is: 1) scientists harvest moth eggs 2) when it reaches the PUPA stage a scientist will implant a microchip into its thorax which will serve as the information hub for directional controls and external surveillance equipment. 3) a video camera, GPS system, and air sampler (to identify explosives signatures) are mounted to the adult moth. 4) The completed cyborg is operational at a range of one half mile.
Another surveillance technology poised for future development is Unmanned Aerial Vehicles (UAV). This can be used in a number of surveillance capacities from military to police use. These UAV would hover wirelessly in the sky monitoring everything below.
CCTV cameras are being studied and improved for the future. Some of these improvements include identification without a facial image. This type of CCTV camera will assess your height, weight, the way you walk, and other elements to instantly determine your identity. Another CCTV camera idea being explored is cameras that use radio waves to determine if anyone is on the other side of a wall. These types of cameras will even be able to determine your breathing and heart rates. It has even been speculated that these cameras will advance to the point of being able to read thoughts.
Radio-frequency identification (RFID) is another promising future surveillance tool. RFID is already being implemented in a number of ways. The main uses at this time are related to inventory management. The future idea of RFID is that everything and everyone will have an RFID tags embedded (subcutaneously, in clothes, in products, etc.). This embedded tag has a unique number association which will identify anything it is attached to. These tags can be so small that even if the traditional idea of using RFID is not accepted it could have future covert applications.
What are the implications of the development of all of this surveillance technology? The biggest argument is over security versus privacy. Americans tend to believe that privacy is an American concept. The truth is that privacy is a valued human right the world over. Many constitutions have privacy provisions implemented in the text. Many other countries have privacy element established through case law. When the threshold of the people for the tolerance of surveillance is crossed what may happen? One main implication can be linked to the judicial system. If surveillance succeeds in becoming so powerful the enforcement agencies, courts, and prisons may be overstretched to the point of uselessness. On the other hand, if public outcry over surveillance societies becomes dominate what may happen? This may lead to a breakdown in the whole social structure resulting in an anarchical movement. Unintended consequences are another serious impact of increased surveillance. For example, professional data mining companies are perfect targets for identity thieves. There are a number of other possible implications related to freedom, trust, choice, opportunity, and problem solving. The issue of most concern is where will it all end?
Given all of this information it should now be obvious that surveillance is heading towards an extreme that may be commonly abused to the detriment of mankind. Humans are already under surveillance in nearly every facet of their lives from birth to death. Yet, surveillance technologies are being explored to further the degree of monitoring. This is a trend around the world. Countries are increasing their surveillance practices from year to year that is leading to a bleak outcome for its citizenry. This trend provides a bevy of ammunition for possible negative implications in the future.
Cvrk, Luka. Iris Scan Technology Sees Me Through My Eyes. 24 Sep. 2007. Surveillance World. 10 Mar. 2008. < http://www.surveillance-world.co.uk/category/in-the-future/>.
David, Lenord. Project Echelon: Orbiting Big Brother?. 21 Nov. 2001. Imaginova Corp. 19 Mar. 2008. <http://www.space.com/businesstechnology/technology/echelon_011121-1.html>.
Lane III, Frederick S. The Naked Employee. New York: AMACOM, 2003.
Lyon, David. The Electronic Eye. Minneapolis: University of Minnesota Press, 1994.
Millar, Megan. “The Cyborgs Are Coming!.” Outside Magazine. Jan. 2008.
N.A. Employee Monitoring: Is There Privacy In The Workplace?. Feb. 2006. Privacy Rights Clearinghouse / UCAN. 17 Mar. 2008. <http://www.privacyrights.org/FS/fs7-work.htm>.
N.A. PHR2006 – Malaysia. 18 Dec. 2007. Privacy International. 24 Mar. 2008. < http://www.privacyinternational.org/article.shtml?cmd=x-347-559517>.
N.A. PHR2006 – Italian Republic. 18 Dec. 2007. Privacy International. 24 Mar. 2008. < http://www.privacyinternational.org/article.shtml?cmd=x-347-559525>.
N.A. World’s Smallest and Thinnest RFID Tag is Powder Made By Hitachi. 24 Mar. 2008. Digitaljournal.com. 31 Oct. 2007. < http://www.digitaljournal.com/article/244321/World_s_smallest_and_thinnest_RFID_tag_is_powder_made_by_Hitachi>.
Polmar, Norman. Army Embarks On Ambitious UAV Plan. 19 Mar. 2008 Military Advantage. 19 Mar. 2008. <http://www.military.com/soldiertech/0,14632,Soldiertech_MAV,,00.html>.
Rule, James B. Privacy In Peril. New York: Oxford University Press, 2007.
Weiss, Rick. “Dragon Fly or Insect Spy? Scientists At Work On Robobugs.” Washington Post 9 Oct. 2007, A03.
Years, Stephen. Future Surveillance Technology Can Tell How You Feel. 17 Sept. 2007. Futurismic. 24 Mar. 2008. < http://futurismic.com/2007/09/17/future-surveillance-technology-can-tell-how-you-feel/>.
N.A. Employee Monitoring: Is There Privacy In The Workplace?.
Lane III, The Naked Employee, 16 – 20.
Ibid, 165 -79.
Ibid, ix.
Rule, Privacy In Peril, 58.
Ibid., 46 – 48
David, Lenord. Project Echelon: Orbiting Big Brother?.
Lyon, 140.
Ibid., 142.
N.A. PHR2006 – Malaysia.
N.A. PHR2006 – Italian Republic.
Cvrk, Luka. Iris Scan Technology Sees Me Through My Eyes.
Weiss, Rick. “Dragon Fly or Insect Spy? Scientists At Work On Robobugs.”
Millar, Megan. “The Cyborgs Are Coming!.”
Polmar, Norman. Army Embarks On Ambitious UAV Plan.
Years, Stephen. Future Surveillance Technology Can Tell How You Feel.
N.A. World’s Smallest and Thinnest RFID Tag is Powder Made By Hitachi.
Universal Declaration of Human Rights, Article 12.
Photo by miss_rogue
Photo by zigazou76
Photo by WorldIslandInfo.com
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08/29/2017-Mt. Carmel Police arrested 23 year old Mark A. Wagner of Mt. Carmel after police were called to his residence at 1230 N. Walnut Street. Police were told by the victim that Wagner punched her and threatened her with a knife. Police located cannabis and numerous items used to smoke cannabis in the residence of Wagner. Wagner was placed under arrest and charged with domestic battery and possession of drug paraphernalia. Wagner is being held pending the posting of bond.
08/28/2017-Mt. Carmel Police arrested 29 year old Adam W. Barnett of Mt. Carmel after the arresting officer observed Barnett standing behind Subway and knew he was wanted on a Wabash County failure to appear warrant. Barnett was arrested and transported to the Wabash County Jail where he was held pending the posting of $200.00 bond.
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Mediation serves as an effective alternative to litigation when resolving disputes. However, one common question that arises during the mediation process is how much money to request in order to reach a satisfactory settlement. With Rhino Mediation’s guidance, discover the strategies and insights that can help you navigate this crucial aspect of the mediation process.
Understanding the Purpose of Mediation
Before delving into the specifics of settlement amounts, it is important to understand the fundamental purpose of mediation. Unlike traditional litigation, mediation aims to facilitate a voluntary and cooperative resolution between disputing parties. The primary goal is to find a mutually acceptable agreement that satisfies the interests and needs of all parties involved. With this collaborative approach in mind, determining the right settlement amount becomes a crucial step in achieving a fair and satisfactory outcome.
Benefits of Mediation
Confidentiality: Because mediation sessions are private, both parties can communicate openly without worrying about how their words may affect their legal case in court.
- Economical: Even in minor conflicts, mediation usually costs a fraction of what going to court does.
- Speedy resolution: Disputes can be settled through mediation more quickly than through traditional legal procedures, allowing the parties to move on with their lives.
- Flexibility: Mediation provides a range of options that legal proceedings might not be able to provide, by offering tailored solutions that consider the priorities and preferences of the parties.
- Improved communication: By fostering open channels of communication, mediation can strengthen the bonds between the parties and pave the path for fruitful commercial or personal connections beyond the settlement.
When to Consider Mediation
A wide range of problems, including divorce, landlord-tenant conflicts, problems with business partnerships, construction contracts, and many more, can be resolved through mediation. In essence, any circumstance where there is a disagreement between two or more parties and they wish to pursue legal action might employ this procedure. To save time, money, and worry, the parties should think about mediating before going to court.
Key Considerations in Determining the Settlement Amount
When deciding on the appropriate settlement amount in mediation, several important factors should be taken into account. Here are some key considerations to keep in mind:
- Understanding the Value of the Claim: Begin by thoroughly assessing the value of your claim. Take into consideration the damages incurred, any financial losses suffered, and the impact of the dispute on your life or business. This evaluation will provide a starting point for negotiations and help establish a realistic settlement range.
- Considering Your Interests: Think about your underlying interests and what you hope to achieve through the settlement. Is monetary compensation the primary objective, or are there other non-financial factors that hold significance? By identifying and prioritizing your interests, you can better determine the appropriate settlement amount that aligns with your objectives.
- Evaluating the Strength of Your Case: Assess the strength of your case objectively. Consider the evidence you have, any legal precedents that may support your position, and the potential risks associated with going to court. A realistic evaluation of the strength of your case can influence the settlement amount you request during mediation.
- Exploring Options for Resolution: Mediation offers a wide range of possibilities for resolution beyond monetary compensation. Consider alternative solutions, such as future agreements or non-monetary terms, that may address your interests more effectively. This flexibility allows for creative and mutually beneficial resolutions that go beyond solely focusing on a specific monetary value.
- Seeking Professional Guidance: Collaborating with experienced mediators, such as those at Rhino Mediation, can greatly assist in determining the appropriate settlement amount. Mediators have a deep understanding of the mediation process and can provide valuable insights and guidance based on their expertise. They can help you navigate the complexities of negotiation, balance your expectations, and achieve fair and reasonable outcomes.
Why Rhino Mediation Is Beneficial
Offering a variety of mediation services, Rhino Mediation is a reputable mediation company. We have experienced mediators who will help the parties reach a mutually agreeable solution, regardless of the nature of the conflict—small company disagreements, real estate, divorce and child custody, or other concerns. Our mediators can conduct mediation online, in person, or through a hybrid format. They are confidential, professional, and have extensive training.
Settlement Amount in Mediation | Rhino Mediation
Determining the right settlement amount in mediation requires careful consideration of various factors, including the value of the claim, underlying interests, and the strength of the case. By approaching the process with a clear understanding of your objectives and seeking professional guidance from Rhino Mediation, you can navigate the complexities of mediation and negotiate a fair and satisfactory resolution. Remember, mediation is an opportunity to collaboratively address your concerns and find common ground with the other party. Through effective communication, creative problem-solving, and the guidance of skilled mediators, you can achieve a resolution that serves your best interests.
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19 Crafty Ways People Exploited Loopholes
Clever people who found ways to beat the system and sidestep ridiculous laws and regulations. The brave souls represented here knew that as well, so they found loopholes to exploit and do things the way they want to. Scroll for some fun knowledge and maybe a little inspiration
As fun as life can be, it can also be inundated with rules, regulations, laws, and a very long list of "do nots". Even as kids, we were told there were certain rules and led to believe those rules existed for good reason. However, as we get older, it becomes obvious that most rules are complete bullshit. In fact, a large number of them were engineered with the sole purpose of making us behave or keeping us in line. From Santa Claus only bringing presents to children who are good through out the year, to it being illegal to drive with an interior light on inside the car, a lot of the things we believed when we were kiddos turned out to be a big fat lie.
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Jamshedpur: In a prompt action, the city police have arrested all five accused in the Govindpur Theme Park minor girl torture incident. All the accused have confessed their crime. Incriminating objects have also been collected by the police.
In a press conference today, the city police said that they have arrested all five accused in the case.
Those who have been arrested are Chandan Lohra alias Tompe, 21, Ganesh Bari alias Damru, 26, Sunil Bari alias Govinda, 23, Jasua Sawaiya alias Motu, 27 and Akash Dhal alias Kachhim, 20.
The police said that all the accused have confessed to their involvement in the crime.
They said that a missing report was filed by the girl’s father with Birsanagar police station. The missing report had accused Chandan Lohra of being the person who persuaded and took away the minor girl.
The police soon formed a team and started investigating the case professionally. The team not only found the victim, but also arrested the main accused Chandan Lohra.
Chandan Lohra said that he had taken the minor girl to cremation ground behind the Theme Park in Govindpur. Meanwhile, other four accused arrived there and assaulted him and forced him to leave the place keeping the girl with them.
According to the police, the victim said that the four other accused violated her and Akash Dhal alias Kachhim was keeping a watch.
Later, after dusk Govinda Bari took her inside the forest alone and kept taking her from one place to other and violated her again.
In the morning, he took her to a deserted hut near Korboni Railway Gate. At noon she pretended to go to a ditch for taking bath and managed to call her mother on a mobile of another woman.
After some time, the police team found her and arrested all the five accused.
The police said that Akash Dhal has a criminal background and he was sent to jail in 2007 on theft charges.
Those who were a part of the police team included Shivendra, Dy SP, Traffic, R K Verma, inspector, Telco circle, Rajesh Kumar Jha, officer incharge, Birsanagar, Ranjit Kumar Singh, OC, Govindpur, Pankaj Kumar Singh, ASI, Birsanagar and others.
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There are huge numbers of people who own a car. Though there are several drivers who follow all the rules and regulations but some of them think that breaking law is their right and they should do it. One of such crimes is littering from the car.
We usually throw out anywhere from our car that is of no use for us. But now you have to aware of it since the government has started imposing hefty fines for doing such things.
Government Has Already Given Warning
UK government has warned Brit drivers not to throw garbage or else they have to pay fines for the wrong done. If you are being caught doing this, it will not appear in your criminal police record as it is wrong or offence under the Environment Protection Act and some of the concerned local authorities give punishment for this.
In Ipswich, a motorist was caught by a local waste enforcement officer for throwing garbage on road from his vehicle. And for that, he had to pay £80 as a penalty. But he could not pay the penalty on the given time frame and after court proceedings; an order was given by the magistrate stating that the offender has to pay £450. Should a wrongdoer fail to pay the fine on right time; the penalty amount will get increased. Ipswich Borough Council spokesperson said that they are not going to tolerate Brit motorists throwing a cigarette butt from their car and make the streets or roads dirty. As soon as they will be caught red-handed, they will be charged with hefty fines.
It is must for the drivers not to throw garbage on the roads. Such cases tell us that we should not ignore the requests or laws made by the government and if we do so, the fines can be much bigger.
An official said that such steps are very important to take to preserve the environment.
As such fines can be quite heavy for any driver and if you feel that you need to save some money then you are advised to buy cheap car insurance. Browse some good price comparison site and select the best package for you.
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Sundowner case is that in order for Oncale to claim that he was sexually harassed by his male coworkers under Title VII of the Civil Rights of 1964 (FindLaw) Oncale would have to provide evidence that harassers were motivated by sexual desire; much like in an opposite-sex harassment claim(Walsh p297). At first the court originally decided that Oncale was not able to claim sexual harassment towards his co-workers at Sundowner. After the court decided that the plaintiff, Oncale appealed with the United States Court of Appeals. This led to the Supreme Court reversing the decision
(2) Background Information As well as the lawsuit filed by Alton Lemon, this incident involved two other cases that fell under the same issue, Earley v. DiCenso and Robinson v. DisCenso. Both conflicts involved a state law passed, through the Non- public Elementary and Secondary Education Act of 1968, by the state of Pennsylvania and Rhode Island. This act gave the government permission to fund religious based or parochial schools. Although the schools provided textbooks and instructional materials for secular subjects, a Pennsylvania instructor believed that this act violated the Establishment Clause of the First Amendment, “Congress shall make no law respecting an establishment of religion” Lemon argued that that by providing this money
Thicke v. Marvin Gaye’s Estate Lawsuit Marvin Gaye family accused Robin Thicke of using elements of Marvin Gaye’s song, “Got to Give It UP” in “Blurred Lines” and allegedly threatened litigation if a monetary settlement was not paid. Thicke filed a preemptive declaratory judgment lawsuit against Gaye’s family after alleged preliminary settlement negotiations failed. In response, Gaye’s family filed a separate counterclaim accusing Thicke of copyright infringement of Gaye’s songs “Got to Give It Up” and “After the Dance”, as well as EMI April, Inc. of breach of contract and its fiduciary duties. Gaye’s family later submitted a separate counter claim against Thicke to include “Blurred Lines” co-writers Pharrell Williams and Clifford Harris, Jr. After a jury trial, Marvin Gaye’s family was awarded $7.4 million in copyright damages and attributable to infringement. The Gaye’s family was not awarded determined due to the infringement was found not to be willful.
In 1967, William Baird was arrested after giving away vaginal foam to a 19 year old woman following a lecture at Boston University about contraceptives and over-population. At the time, in Massachusetts, it was felony offense to disburse birth control methods to unmarried men or women. Eventually, Eisenstadt v. Baird was heard in the United States Supreme Court in 1972. In a 6-to-1 judgement, the Court ruled against the Massachusetts statute, but it was not in aggreeance with the due process of Griswold v. Connecticut, instead it was the Equal Protection Clause that was the deciding factor as reported by Justice William J. Brennan. He wrote, “If the right of privacy means anything, it is the right of the individual, married or single,
So a manual recount was started. Bush decided to take the case to the Federal Supreme Court. Bush argued that the recount that was currently taking place was unconstitutional because it violated the equal protection clause of the fourteenth amendment. The court ruled 5 - 4 in favor of Bush and the manual recount was stopped. The votes that had been counted had closed the gap
One of the most challenging element to prove a common law marriage is the clear intent to enter a valid marriage buy both parties, not just one party. As decided in Hargrave v. Duval-Couetil (777 N.W.2d 380), the Supreme Court of South Dakota concluded that to meet common law mariage requirements, the mutual agreement or declaration to marry would have to be more than an implicit agreement. In this case, the party failed to establish a clear intent to marry, and as a matter of law, Hargrave could not prove by clear and convining evidence that the couple entered into a valid comon law marriage. Q. Is common law marriage recognized in Massachusetts?
Issue: Did the Connecticut statue violate the Fourteenth Amendment, and did the Constitution therefore protect the privacy of married couples? Decision of the Court: The Supreme Court did rule the the Connecticut statue was indeed unconstitutional
These directors were claiming that the ruling that led to their conviction had violated the 14th Amendment, which states citizens’ rights to privacy and equal protections from the laws. Issue: Is there existence of a right in the Bill of Rights allowing married couples to use contraceptives to prevent conception? Decision: Yes. Reason: Implied rights listed by the court included the Fifth Amendment, which offers protection
The Supreme Court ruled that the Homosexual Conduct law was unconstitutional and overturned the conviction of Lawrence and his male companion. The Court ruled that the law violated the Fourteenth Amendment 's Due Process Clause because it protects the right to personal liberty in intimate decisions(Lawrence vs Texas, Case Briefs). The Court argued that its decision in Bowers v. Hardwick was misguided. The issue was not the right to commit sodomy but “the right to privacy in the home" and "the right to freely engage in consensual, adult sex. "(Lawrence v Texas).
In this case the Supreme Court debated whether inter-racial marriage should be allowed. This court case came up after an inter-racial couple tried to get married legally but was rejected by the state of Virginia. Therefore, couple did not think this was fair so they took the case up to the Supreme Court where the Court declared that not allowing interracial couples to marry was violating the Equal Protection Clause. Thanks to this case we have President Obama and many other famous celebrities and sports stars such as Seth
They ruled that the 1st amendment did not guarantee ultimate freedom of speech and anyone violating the government could be overthrown by the state. The historical impact that the case was made mostly from Justice Brandeis, who stated that immediate serious and evil threats should be the only ones that are taken seriously enough to strip away someone’s granted rights. Brandeis’s opinion was put to use in 1969 when the case of Brandenburg v. Ohio, which is when the court overruled the decision. Yes, there are laws to help protect the natural-born citizens of this country, but if they can be taken and maneuvered to make sure the courts get what they want, why have
For example, Hobby Lobby sued the government so that they “would not have to provide coverage for contraceptives for its employees” under the Religious Freedom Restoration Act (Strine, 2015, p. 91). They ultimately won their case in Supreme Court. The decision the Supreme Court made in the Hobby Lobby case supported the need for an insurance exchange in the open market. The hurdle then becomes the obstacle some states are posing by not developing exchanges. In
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The newly appointed Rivers State Commissioner of Police, Tunji Disu, has directed police operatives in the troubled Ahoada area of the state to swiftly pursue and apprehend notorious cultist David Gift Okpala Okpolowu, also known as 2Baba, and his gang.
2Baba and his gang are suspected to be involved in the heinous killing of the Divisional Police Officer of Ahoada Police Division, SP Bako Angbashim.
During his visit to the troubled Ahoada East Local Government Area, where the brutal incident occurred, Commissioner Disu expressed staunch opposition to the killing of police officers in the state.
He emphasized the urgency of bringing the perpetrators to justice, rallying the officers to collaborate effectively to achieve success in this crucial task.
Addressing officers at the Ahoada Area Command and Division, the Commissioner, accompanied by senior police officials, conveyed a firm message, asserting that those responsible for harming a police officer would not evade justice.
He urged the officers to prioritize their safety during operations in the region to avoid injuries or fatalities.
Disu’s remarks underscored his commitment to supporting the officers in their challenging duties, acknowledging the difficulties they face while venturing into high-risk areas. He reassured them of the department’s backing in their efforts to apprehend the culprits behind the grievous crime.
“I am here to strategize on how we can apprehend those responsible for the killing of our policemen. I understand the challenges you face in navigating these difficult areas.
“I want you to realize the significance of your role. I’ve made it a priority to come here first and convey my appreciation for your dedication.
“Your safety matters; I don’t want any of you harmed during this operation. Work safely and bring me success. Perpetrators of violence against law enforcement will face the consequences,” Commissioner Disu asserted.
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Given the status of the ASAI some advertisers choose to continually ignore its rulings by running controversial advertisements purely to draw attention to their products and services.
The ASAI is a voluntary industry body which has no statutory powers and has no power to remove a publication from circulation. This information is included in order to help the reader locate the exact portion of text themselves. Section 60 provides that the Irish government may apply to the courts for an order made under the Act to be heard in private.
The saga of an American family. In any case, and whatever our preference is in this matter, toning is still always a vital part of fine print making, be it for the introduction of subtle or even gaudy colour, to neutralise the slight colour casts inherent in some papers, to enhance Dmax and make the print gleam with an inner light, or to make our prints archival in this increasingly polluted world.
How do I get FES treatment? Computer games[ edit ] Unlike most other countries, the Film Censors Office have little involvement in video game censorship. End this information with a period. Do not use titles Dr.
Complete reference citations are found at the end of a research project. Walkaide devices can be purchased through the Trulife Company. I have tried to bridge this gap by concentrating on the main toners of today and some less common but still accessible ones that have much to offer and are easy to use.
To be suitable for the treatment, you need to be able to walk, even if only for a few metres with a stick or crutch. The Censorship of Publications Act, was an act "to make provision for the prohibition of the sale and distribution of unwholesome literature and for that purpose to provide for the establishment of a censorship of books and periodical publications, and to restrict the publication of reports of certain classes of judicial proceedings and for other purposes incidental to the matters aforesaid".
Ireland, though not unanimously. However, select pages, like the Citation Style Chartstill include this information.
Use a brief descriptive term and capitalize the first letter. In addition, the British censorship rules did not apply at election time, whereas they operated at all times in the Republic of Ireland. Include the full date for newspapers, the month and year for magazine articles, and only the year for journals and all other sources.
Beginning with the next line, write a concise summary of the key points of your research. Due to public opposition the proposed provisions were amended to remove the perceived threat to newspapers.
Head to our homepage to learn more. This led to an unusual situation where in the s the UK-owned GAME sold the sanitised versions of Carmageddon which was a victim of censorship in the UK, whilst Irish owned stores sold the uncut versions imported from the United States.
It is also surprising how many inaccurate old wives tales still survive and remain in regular practice. You can probably imagine how difficult it was to understand the sources that were used for research projects! Since it was deemed by the government of the time that a referendum solely for that purpose "would rightly be seen as a time wasting and expensive exercise", the lacuna was filled in by a new offence of "publication or utterance of blasphemous matter", against any religion, under the Defamation Actsection Included on this reference list page are the full citations for any in-text citations found in the body of the project.
This allows you to build up strength and range of movement. This page provides you with an overview of APA format. This new understanding of organizations implies an equivalent new role for Human Resources Management. A totally comprehensive book would run into more than one volume and would find too small a market to make it affordable.Notice: Archived Document.
The rulemakings regarding technical standards for Web site accessibility under title II and title III of the ADA (RIN AA65 and RIN AA61) have been withdrawn. Author's statement. There is no doubt in my mind that toning can often contribute enormously to the effectiveness of a monochrome print.
It can’t make success out of failure of course but it can make some successful images very much stronger.
In Ireland, the state retains laws that allow for censorship, including specific laws covering films, advertisements, newspapers and magazines, as well as terrorism and mi-centre.com the early years of the state, censorship was widely enforced, particularly in areas that were perceived to be in contradiction of Catholic dogma, including abortion, sexuality and homosexuality.
Any research project that prospectively assigns human participants to intervention or comparison groups to study the cause-and-effect relationship between an intervention and a health outcome. Functional electrical stimulation (FES) is a treatment that applies small electrical charges to a muscle that has become paralysed or weakened, due to damage in your brain or spinal cord.
The Environmental Protection Agency (EPA or the Agency) is publishing a final rule to regulate the disposal of coal combustion residuals (CCR) as solid waste under subtitle D of the Resource Conservation and Recovery Act (RCRA).
The available information demonstrates that .Download
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Oxenhope Cricket Club News story
< View all news stories
Easy Read Summary of ECB Law Changes
25 Apr 2018
Summary of key changes to the laws of cricket from a player’s perspective (in law order)
➢ From 2020, added restrictions on bat dimensions (max thickness of 40mm and overall depth of 67mm).
➢ Should a batsman deliberately run short, 5 penalty runs are awarded to the fielding side.
➢ Sightscreens on the field of play will now need to have an area marked out which covers every possible position during play, so that the boundary does not change when it is moved.
➢ All airborne fielders making their first contact with the ball will need to have taken off from within the boundary, otherwise a boundary is scored.
➢ If an animal or spectator enters the field of play and touches the ball, the Umpires are to decide whether a boundary would have been scored.
➢ It’s a No Ball if the ball bounces more than once (not twice) before reaching the Popping Crease, if the ball pitches wide of the pitch, or if a ball bounces over head height of the striker, when standing upright at the Popping Crease.
➢ A substitute may now act as wicket keeper with the Umpires consent (unless the wicket keeper has committed a Level 3 or 4 offence).
➢ If a fielder fails to take the field at the start of play, or leaves the field during play, then unless in exceptional circumstances or an external injury, that player will incur Penalty time equivalent to the total time spent off the field (up to a maximum of 90 minutes), which is the time he will have to spend on the field before being able to bowl or, if the innings ended meanwhile, bat. Note, a player cannot bat until his Penalty time has been served or until his team has lost 5 wickets.
➢ A runner must stay behind the Popping Crease until the ball reaches the Injured Striker, otherwise any runs will be disallowed (as per illegal leg byes).
➢ Between the call of Play and Time, no bowling practice may take place in the area between the square and the boundary in a direction parallel to the match pitch.
➢ If a batsman grounds the bat (held in the hand) or any part of his person, and provided that the batsman has continued forward momentum, and subsequently inadvertently loses his contact with the ground when the wicket is put down, the batsman is protected from being Run Out.
➢ A ball can now be Caught after it strikes, or becomes lodged in a helmet worn by a fielder or the wicket keeper.
➢ A batsman can now be Run Out if the ball rebounds directly from a fielder’s helmet onto the stumps, or Stumped if the ball rebounds off the wicket keeper’s helmet.
➢ Any cloth used to dry the ball must now have the approval of the Umpires.
➢ If the Umpires deem that the condition of the ball has been unfairly changed, the opposing side will now have the option to replace the ball or not. Further, if this happens a second time, the bowler who bowled the previous ball will be suspended for the remained of the innings. (Reportable offence.)
➢ Should a fielder deliberately distract the batsmen before he faces a delivery (for example by talking during the bowler’s run up), 5 Penalty Runs will be awarded to the batting side and the batsman cannot be dismissed. (Reportable offence.)
➢ Should a fielder deliberately distract or deceive the batsmen after he faces a delivery (for example by mock fielding, where a fielder feigns to field the ball and / or to throw a non-existent ball to prevent the batsmen running), 5 Penalty Runs are awarded to the batting side and the batsman cannot be dismissed. (Reportable offence.)
➢ For bouncers aimed at the body or head of the Striker, repetition is no longer a pre-requisite for a delivery to be deemed dangerous.
➢ Any non-pitching delivery, irrespective of speed, which passes above waist height of the upright Striker at the Popping Crease will be deemed dangerous and unfair, and will trigger sanctions.
➢ Actions taken against bouncers and beamers will now be separated, and there is a reduced level of tolerance. The first bouncer deemed dangerous or beamer will now receive a first and final warning, A second offence will result in the bowler’s suspension for the remainder of the innings. (Reportable offence.)
➢ The bowling of a deliberate front foot No Ball will now lead to an immediate suspension for the remainder of the innings. (Reportable offence.)
➢ A batsman cannot take guard within the protected area, or so close to it that he would usually encroach it when playing the ball.
➢ The Non- Striker can now be Run Out by the Bowler up to the instant at which the bowler would be expected to deliver the ball. (Previously, it was when the Bowler entered his delivery stride.)
➢ 4 different levels of offences have been created, with Level 4 being the most serious. In all 4 cases, the Umpire will call Time and summon the relevant Captain to inform him of the breach and associated Penalty. Further, all breaches are now reportable offences.
➢ Level 1: (includes, but not limited to showing dissent at an Umpire, offensive language or gesture, excessive appealing or wilful mistreatment of ground or equipment), will receive a first and final warning, which applies to the entire team. A second offence will result in 5 Penalty Runs being awarded to the opposing side.
➢ Level 2: (includes, but not limited to serious dissent to an Umpire, inappropriate and deliberate physical contact with another player, throwing the ball at a player or Umpire or language or gesture deemed obscene or seriously insulting) results in the immediate award of 5 Penalty Runs to the opposing side.
➢ Level 3: (includes, but not limited to intimidation of an Umpire by word or gesture or threatening to assault a player or any other person except an Umpire) results in the offending player being suspended for a number of overs depending on the length of the match (usually a fifth of the original innings), plus the immediate award of 5 Penalty Runs to the opposing side. If he is a fielder, no substitute is allowed. Further, if the innings closes before his suspension is complete, he cannot then bat until it is. If a batsman, then he can only return after that period and then when a wicket falls (he cannot be a runner either). If there are no further batsman is available during the batsman’s suspension, the innings is completed.
➢ Level 4: (includes, but not limited to threatening to assault an Umpire, inappropriate and deliberate physical contact with an Umpire, physically assaulting another player or other person or any other act of violence) will result in the immediate removal from the field of play for the remainder of the match the award of 5 Penalty Runs to the opposing side.
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Content on this website is maintained by Oxenhope Cricket Club, © HItssports Ltd 2019
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At 15, Henry Stowers stood 200 centimetres tall. It was a blessing and a curse. As a quiet teenager, being a colossus helped him make friends. But it also attracted bad company.
Nino is a crime reporter at The Age.
Across Victoria, on buildings associated with the Catholic church, blank rectangles are appearing. They signify the fresh removal of a plaque, installed decades earlier to signify the opening of a school, church, hospital or hall.
A beautician has been savagely wounded by an axe-wielding man believed to be her estranged partner in an attack at a major Melbourne shopping centre that left others sickened and afraid.
A man dressed in commando gear and carrying a semi-automatic gun was able to stroll unchecked through Bourke Street Mall in the days following the massacre that killed six people.
Three 15-year-olds face 82 charges after an alleged crime spree in Melbourne's north-west in the early hours of Sunday morning.
About 40 semi-trailers have parked outside State Parliament Tuesday morning as protests against the closure of Heyfield hardwood mill ramp up.
It is not just the population that's ballooning in Melbourne's south-east. So are the number of aggravated burglaries.
Homicide squad detectives are investigating the death of a man whose body was found in the front yard of a house in Melbourne's east.
Four Labor figures with links to Opposition Leader Bill Shorten are set to be spared criminal records over allegations they vandalised polling places on the morning of the last federal election.
Jomar Orton remembers two things about the night his mother was murdered, 25 years ago, in a Fitzroy massage parlour.
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§ 4. Mr. Maginnis
asked the Secretary of State for Northern Ireland what consideration he has given to the difficulties faced by the Royal Ulster Constabulary in obtaining evidential proof sufficient to satisfy the courts of the guilt of individuals believed by the police to be involved in terrorist activities.
§ The Parliamentary Under-Secretary of State for Northern Ireland (Mr. Nicholas Scott)
My right hon. Friend and I are aware of the difficulties which the Royal Ulster Constabulary has in obtaining such evidence, but we remain convinced that it is right that alleged terrorists should be brought before the courts for trial against an evidential standard of "proof beyond reasonable doubt".
§ Mr. Maginnis
Is the Minister telling us that he will take no new steps to ensure that known terrorists do not continue to avoid justice in Ulster, are able to continue their murder on our streets and, indeed, to bring murder to the streets of Great Britain, as some recently have intended? Does the Minister admit that since the Bennett report that which in Great Britain has been accepted as a normal interpretation has been substituted in Ulster for a process more akin to the cosy interview?
§ Mr. Scott
I do not agree with that last comment. The figures given by my right hon. Friend earlier show the 1249 success which the security forces have had in arresting and charging people and bringing them before the courts. We must understand that terrorists are determined to undermine law and order. That is their principal objective. If we move away from strict standards in enforcing the law we shall be doing their job for them.
§ Mr. Dickens
Does my hon. Friend accept that as surely as night follows day the House will in the fullness of time have the common sense to reintroduce capital punishment for terrorism in response to public demand? When that day comes, will it not be necessary to ensure that the people concerned have a proper trial? Is my hon. Friend aware that nothing will convince me that those who have escaped from the Maze prison have not struck and killed again?
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- Can the Daughter-in-law claim residence in her matrimonial house despite she having no title in it?
What is the interpretation of Domestic Violence Act and Marriage Act with regards to Residence and Property rights of Daughter-in-law in her matrimonial house?
Let me describe in detail.
Every now and then comes a law which has a plethora of loose ends which require resolution by our Hon’ble courts lest they are Misused or Not used as the case may be.
Case in the point is Domestic Violence Act 2005
I am sure the Parliament intended oh-so-well while passing this law, but it certainly is an example of “clumsy drafting ” to quote Justice Markandey Katju.
Today we will try and clear at least one of the grey areas of Domestic Violence Act 2005 with the aid of Supreme Court Judgments and that of the Hon’ble High Court of Delhi.
We will be dealing with the rights of a Daughter-in-law to “residence” rights in “shared household” as per the D.V.Act 2005
First things First.
Section 19 of Domestic Violence Act 2005(DV ACT) provides the Applicant / Aggrieved Daughter in law with ‘residence rights in the shared household’.
If you think these simple words are by any stretch of the imagination- Simple!…you are sadly mistaken.
Allow me your undivided attention for the rest of this article.
Section 19 of DV Act is provided herein:
(1) While disposing of an application under sub-section (1) of section 12, the Magistrate may, on being satisfied that domestic violence has taken place, pass a residence order –
(a) restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household….”
(emphasis supplied) The broad and expansive nature of the Court‟s power to make a residence order is also underlined by the amplitude of the definition of “shared household”, which is “where the person aggrieved lives or at any stage has lived
(i) in a domestic relationship
(ii) either singly or along with the respondent and includes such a household
(a) whether owned or tenanted either jointly by the aggrieved person and the respondent, or
(b) owned or tenanted by either of them
(iii) in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity and includes
(iv) such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household.”
Section 2(s) of D.V. Act states:
“`shared household` means a household where the person aggrieved lives or at any stage has lived in a domestic relationship either singly or along with the respondent and includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household”.
I am sure, you already feel overwhelmed! No worries. Let me simplify.
The underlying question(s) are :
1. Can the Daughter-in-law claim residential rights even if she has no right or title in the same?
The answer is Yes.
Section 17 of D.V.Act provides “every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same.”
2. Can a Respondent in D.V. Act with regards to property rights be ONLY Males of the Family?
The answer is No!
The introduction of the remedy of a right to residence is a revolutionary and path-breaking step, taken to further the objects of the Act, and any attempt at restricting the scope of the remedy would reduce the effectiveness of the Act itself.
Therefore, it would be contrary to the scheme and the objects of the Act to restrict its application to only such cases where the husband owns some property or has a share in it, as the mother-in-law can also be a respondent in the proceedings under the Domestic Violence Act and remedies available under the same Act would necessarily need to be enforced against her.
Again, to confine the reference to “joint” family property by bringing in the concept of a HUF would be to restrict the application of the provision, to a point which is contrary to the Parliamentary intention that the law is a non-sectarian one.
The “joint” status of a family here obviously is in a generic sense, and importing notions of HUF would unwittingly give greater benefits to one section of the community, which was never the intention of Parliament.
In a generic sense, it refers to a group of people, related either by blood or marriage, residing in the same house and instances of that can be found in almost all parts of India.
The general practice in India is that the son and his wife reside in the house of the (husband‟s) parents after marriage.
Even though a legal obligation to maintain a child ceases as soon as he attains majority, the jural relationship between the parents and the child continues.
The concept of a “joint family” in law is peculiar to Hindu law. No concept of a „joint family‟ similar to that of a HUF can be found in Muslim Law, Christian Law or any other personal law.
The danger of accepting a restricted interpretation of joint family by equating it to a HUF (Hindu Undivided Family) would result in discrimination, because women living in a shared household belonging to HUFs (and therefore Hindus) would have more security, by reason of their professing the Hindu faith than others who are not Hindus.
Also, even among Hindus, women who are married into or live in HUFs, as compared with those living with husbands, whose parents own the property – would have the protection of the Act; the latter would not have any protection.
|The law is made to protect the interests of the Daughter-in-law aggrieved by Domestic Violence|
It is precisely to avoid this anomaly that Parliament clarified that irrespective of the title of the “respondent” to the “shared household”, a protection order can be made under Section 19 (1) (a).
The definition of “shared household” emphasizes the factum of a domestic relationship and no investigation into the ownership of the said household is necessary, as per the definition.
Even if an inquiry is made into the aspect of ownership of the household, the definition casts a wide enough net. It is couched in inclusive terms and is not in any way, exhaustive
The courts have observed that “shared household includes such a household whether owned or tenanted either jointly by the aggrieved person and the respondent, or owned or tenanted by either of them in respect of which either the aggrieved person or the respondent or both jointly or singly have any right, title, interest or equity and includes such a household which may belong to the joint family of which the respondent is a member, irrespective of whether the respondent or the aggrieved person has any right, title or interest in the shared household”.
|It is not about ownership but the factum of residence which matters.|
D.V. Act was enacted “to provide more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family”.
It is a “secular legislation” similar to Section 125 Cr.P.C. The words ‘shared household’/ ‘Respondent’ etc. must be given a wide interpretation to give effect to the Parliamentary intention of beneficial legislation for a woman facing domestic violence.
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[UPDATE on Nov 6] I have done a follow-up post entitled "German lawyers say Apple urgently needs (and will probably get) a temporary suspension of Motorola's injunction". [/UPDATE]
Apple knows what it's like to win injunctions against rivals. It won four of them against Samsung (two in Germany, one in the Netherlands and most recently one in Australia; all of them preliminary). Now it seems that Apple has just come out on the losing end of a patent infringement lawsuit -- at least on a preliminary basis even though the actual decision on the merits has yet to be made. I have received a copy of what appears to be a default judgment by the Mannheim Regional Court barring Apple from selling in Germany -- the single largest market in Europe -- any mobile devices infringing on two Motorola Mobility patents and determining that Apple owes Motorola Mobility damages for past infringement since April 19, 2003.
I will explain further below the scope of the ruling and the tactical consideration on Apple's part that presumably led to this. We're not talking about a preliminary injunction, but this one is in effect now and it could be appealed and lifted, which is what Apple will try to achieve. As I'll explain further below, Apple appears to be playing a risky game here, but a reader contacted me with some interesting thoughts on why Apple may have elected not to defend itself in time.
Anyone who says it's "totally symbolic" is just plain wrong. Yes, just plain wrong. The underlying tactics are procedural, as I explained from the beginning, but "totally symbolic" is something else. In fact, even the narrowest interpretation of the ruling raises serious issues for Apple's German website, as I'll explain toward the end of this post.
Look at it this way: If a decision against Apple Inc. (the US-based worldwide parent company) didn't matter, Motorola wouldn't have sued that entity in the first place. Nor would anyone else sue parent companies in those lawsuits, and Apple itself names the parent company among defendants all the time.
Here's the document:11-11-04 Default Judgment for MMI Against Apple
Statements by the companies
Motorola Mobility replied to my email. Its spokeswoman Jennifer Weyrauch-Erickson said she "can confirm that the Mannheim District Court granted an injunction against infringement from Apple" and provided me with this statement (which others have also received and already quoted):
"As media and mobility continue to converge, Motorola Mobility's patented technologies are increasingly important for innovation within the wireless and communications industries, for which Motorola Mobility has developed an industry leading intellectual property portfolio. We will continue to assert ourselves in the protection of these assets, while also ensuring that our technologies are widely available to end-users. We hope that we are able to resolve this matter, so we can focus on creating great innovations that benefit the industry."
That statement basically says that MMI would like this whole patent spat with Apple to come to an end and to compete on the basis of products rather than patents. Obviously that's what Samsung and HTC -- and Google, which is indirectly involved -- would also say. It is, however, what anyone else infringing on someone else's rights would also say. It's like, "please, let me continue to do what I'm doing without enforcing your rights". The usual counterargument by right holders is that they can't tolerate infringement and have to protect their IP.
Apple didn't respond to me but provided this statement to CNET and other media:
"This is a procedural issue and has nothing to do with the merits of the case. It does not affect our ability to do business or sell products in Germany at this time."
Apple confirms what I said from the outset: this is procedural tactics. The second part of the first sentence -- "nothing to do with the merits" -- needs to be explained. I, too, said from the beginning that "the merits of the case haven't really been adjudicated" (a default judgment was based on Apple not defending itself in time, so none of the arguments Apple would have liked to make played any role in the court's decision). But "nothing to do" does overstate it. Whatever is going on in that case (apart from the default judgment, nothing is publicly known), Apple apparently had a problem with defending itself on a timely basis in this particular litigation. Since Apple has a legal budget that it allows it to defend itself, and since German courts do provide a fair amount of time for someone's defense in a patent case, there's no question that Apple is under at least some pressure here, and that must have something to do with the substance of the case, too -- given that it's unlikely that Apple couldn't hire enough lawyers to put together an answer to a complaint in time.
The second sentence of Apple's statement isn't specific about the timing. What does "not ... at this time" mean? Not for the next two days? Not for the next two weeks? Not for the next three months? Not for another year? Apple doesn't say what it takes (nor how long it typically takes) for this ruling to have business impact.
The key question here is whether Apple will get a judgment on the merits of the case before this ruling starts to have business impact. If this decision is barely worth the paper it's printed on for the next three months, but Apple can get a decision on the merits within two months, then there's no business impact. It's still not "totally symbolic" because a default judgment does indicate that someone is somehow struggling with his defense in such a case -- otherwise one answers a complaint in time, which is what the vast majority of defendants do. But in the scenario I described, it wouldn't reduce Apple's revenues in the German market, provided that a decision on the merits is handed down in time and works out in Apple's favor.
With "not ... at this time", it's simply not clear whether there's a solution in sight for Apple that will be timely. And with Apple not having managed to answer the complaint in time, there must be something about this lawsuit that poses a substantive challenge to Apple.
These are the two patents-in-suit:
EP (European Patent) 1010336 (B1) on a "method for performing a countdown function during a mobile-originated transfer for a packet radio system"; this is the European equivalent of U.S. Patent No. 6,359,898
The court ruling doesn't say which particular products Motorola Mobility accused of infringement, but since the U.S. equivalents of both patents-in-suit were also asserted by Motorola Mobility in federal lawsuits in the United States, it appears that the entire range of Apple mobile devices is affected by this decision. (In the United States, one of those patents is also being asserted against various Macintosh computers, but the German ruling refers to "mobile devices", even though it doesn't list them.)With respect to the first patent, I have been able to find out that Apple raised a FRAND defense against it in the United States. A Wisconsin court decision of July 6, 2011 states that Motorola declared that patent essential to ETSI standards (GSM, UMTS, 3G). I have not been able to find out about the second patent. Based on its technical scope, it could also be standards-essential, but it need not be. At any rate, any FRAND defense raised by Apple in Germany has not been considered -- this is a default judgment, not a judgment on the merits.
According to the document, this decision can be executed "preliminarily", which means under German law that Motorola Mobility can enforce this injunction against Apple from now on even if Apple appeals the ruling (which I'm pretty sure it will). That means Apple may temporarily -- until a second judgment is entered -- be barred from selling any mobile devices in Germany. Apple wouldn't be the first defendant in Germany to pursue a tactic called "Flucht in die Säumnis" ("resorting to a default judgment"). Many defendants play this game after they have failed (for their own fault) to meet a deadline for an answer to a complaint. In that case, the problem they face is that any arguments they'd have liked to present would no longer be admissible if presented only at the time of a hearing (on the grounds of being untimely). By simply letting the plaintiff win a default judgment, a defendant preserves his ability to present all of his arguments in the appeal. But this has cost implications (which are less than secondary in this case given what's at stake) and comes with the risk of a default judgment that is preliminarily enforceable.
In this case, the court declared the default judgment preliminarily enforceable. Motorola Mobility can now apparently bar Apple from selling any of its mobile devices in Germany (even without bail).
I don't know whether Apple thinks that resellers will source its products from other EU markets anyway. A default judgment doesn't mean that Motorola Mobility can easily shut down resellers since the merits of the case haven't really been adjudicated.
But whatever the "workaround" may ultimately look like, it's really strange that Apple plays this kind of game instead of presenting its arguments and evidence on a timely basis. I'd really like to know why they didn't do that instead of letting Motorola Mobility win an injunction. But I doubt they'll ever explain their rationale.
It will be interesting to see now how much of a disruptive business impact this will have on Apple's revenue production in Germany. This is a very strange episode in the ongoing mobile patent wars, and without a doubt, this does potentially strengthen Motorola Mobility vis-à-vis Apple. Google will be very happy about that.
UPDATE: Legal entities and geographies
On recently-launched website The Verge, Nilay Patel (whom many know from his days at Engadget) says that Motorola sued both Apple Inc. (the US-based parent company) and Apple's German subsidiary, and on that basis makes the argument that "since Apple Inc., doesn't actually sell anything in Germany, it's a totally symbolic victory for Motorola — there aren't any products to ban".
Before I comment on this, let me quote Nilay Patel himself on his understanding of German and European law. Less than three months ago, when reporting on a German court decision, he wrote: "I'm no expert on German or EU law, so these are really just the broad strokes -- Florian Mueller is in Germany and has more on this case [...]" Again, that's his own description of his background concerning this matter. Now on to the substance of the matter.
The ruling I published does not mention the German subsidiary (its name is Apple GmbH and you can easily check that it doesn't come up anywhere in the document). I told the anonymous source that I'd like to see the original complaint (which is not in the public record because German court cases aren't nearly as transparent as U.S. lawsuits or ITC investigations), but after sending me the ruling, the source didn't get back to me.
Anyway, the "totally symbolic" claim ignores the fact that Apple certainly has the resources in place to defend itself. The fact that Apple didn't manage to put together a complaint in time -- even if "only" in case concerning the worldwide parent company -- must have a reason, and the one thing that surely won't be the reason is that Apple can't afford a proper defense for financial reasons.
The scope of the ruling is that Apple Inc. is barred from "offering and/or delivering, on the territory of the Federal Republic of Germany, any mobile devices [practicing any of the patents-in-suit]".
True, that's the worldwide parent company, and the German subsidiary isn't named. But the ruling does raise issues:
The ruling relates to "offering" the accused products. Apple's German web domain is apple.de. If you navigate to apple.de, it automatically redirects you to www.apple.com/de/. Not only is the apple.com domain obviously registered in Apple Inc.'s name but even the German apple.de domain belongs to Apple Inc. in Cupertino, and the German subsidiary, Apple GmbH, is only stated as an "administrative contact". Motorola Mobility could try to complain that Apple Inc.'s operation of a German website is an act of offering products and, therefore, not allowed under the default judgment.
At the very least, this ruling raises questions about the online store operated on apple.de and apple.com/de.
You may remember from the German Galaxy Tab 10.1 case that Apple sued both Samsung Electronics (the Korean parent company) and Samsung's German subsidiary. I've seen Apple do it in various other lawsuits. If there were no point in winning a ruling against a worldwide parent company, why would Apple or anyone else even do it?
In the German Galaxy Tab 10.1 case, the first ruling, which also barred the worldwide parent company, was later narrowed to only the German subsidiary except that the Korean company still wasn't allowed to sell in Germany.
In formalistic terms, Apple GmbH is a separate legal entity from Apple Inc. However, in practical business terms there's no doubt that Apple GmbH is under the total control of Apple Inc. Whatever Apple GmbH does, Motorola Mobility can try to argue that it acts at Apple Inc.'s direction. Whether they could prove it is another question -- but it's not like there's no risk involved.
Again, think about the German Galaxy Tab 10.1 injunction: as far as the territory of Germany is concerned, it's a ruling against both Samsung Korea and the German subsidiary. But Samsung has subsidiaries in various other EU countries. Does anyone seriously believe that Apple would accept it if Samsung said, "well, those 10,000 Galaxy Tabs that were shipped to Germany were just sold by our Dutch subsidiary and we (Samsung Korea and Samsung Germany) don't have hand in it"? Obviously, Apple would argue that Samsung Korea acts in contempt by using subsidiaries in other countries to do the very thing that the injunction prohibits. Apple would certainly try to hold the parent company responsible for its wholly-owned subsidiaries.
And now a very important point: even if one wanted to argue that Apple GmbH can sell whatever products it has, how can Apple GmbH receive any new shipments in the future under that injunction?
The injunction doesn't allow Apple Inc. to "deliver" any goods to Germany. That would include shipments to Apple GmbH.
Again, they could try to work around this somehow, too. But it would raise issues.
If "not ... at this time" means that Apple can continue to sell because Apple GmbH still has a lot of goods in its warehouse, then "at this time" could end as soon as Apple GmbH runs out of supply.
The bottom line is that Motorola Mobility has a preliminarily enforceable ruling in its hand with which it can raise questions and, at least potentially, create complications. And the continuation of this case must now be taken very seriously, considering that Apple was apparently struggling to defend itself in time.
Tim Nash, a reader of my blog who writes for other sites (such as lowendmac.com), contacted me with some theory for Apple's strategy that is very interesting. I'm not saying that this necessarily is indeed Apple's strategy, but what Tim suggests is plausible per se.
Tim thinks that this is about timing. Apple knew that the European Commission was considering an investigation into the use of FRAND patents by Samsung. And indeed, on Thursday I discovered a reference to an EU investigation in a court filing, and the European Commission has meanwhile confirmed what amounts to a preliminary antitrust investigation.
Tim's theory is that Apple didn't want a court ruling in Mannheim to adversely affect the probability of such an investigation being started. He says that if the court in Mannheim had adjudicated this matter on its merits and had dismissed Apple's FRAND defense, this would have meant that courts in different EU member states rule differently on these FRAND issues. Previously, a Dutch court agreed with Apple and dismissed a Samsung request for an injunction based on a FRAND licensing obligation. In Tim's opinion, Apple didn't want to take any risk of inconsistent rulings.
Tim thinks inconsistent rulings could have discouraged the Commission (and ETSI, the relevant standard-setting organization) from looking into the broader issue. Now that there's at least a preliminary investigation going on, Apple has made some headway.
Apple can't avoid that the Mannheim court decides on the merits of the case at some point. Maybe that will happen within a few months anyway. But the Mannheim hearing was on October 21, and maybe that was a critical juncture in the decision-making process at the Commission.
How likely is Tim to be right? It's impossible to know without more information on the EU process. I agree with Tim that an unFRANDly ruling by the Mannheim court, on or shortly after October 21, might have been disadvantageous for Apple in Brussels, and playing for time (by accepting a default judgment for the time being) could have made sense. I also think that a favorable resolution of the EU antitrust case involving Samsung would help Apple against Motorola.
Timing can be key when interdependent processes take place in parallel. In this case, Apple may actually have a better chance of prevailing on a FRAND defense in Mannheim now that it can show the German court that the European Commission is concerned about the enforcement of standards-essential patents. That's also part of what Tim thought. And this part is also plausible.
That said, Apple has enabled Motorola Mobility to win, in formal terms, a favorable ruling. Whatever its reason(s) might have been, it doesn't make things easier.
[UPDATE on Nov 6] I have done a follow-up post entitled "German lawyers say Apple urgently needs (and will probably get) a temporary suspension of Motorola's injunction". [/UPDATE]
If you'd like to be updated on the smartphone patent disputes and other intellectual property matters I cover, please subscribe to my RSS feed (in the right-hand column) and/or follow me on Twitter @FOSSpatents and Google+.
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VANCOUVER (CP) -- Police want the federal government to revamp 30-year-old
Criminal Code provisions and give them greater access to fight hi-tech crime
carried out via e-mail, the Internet and other forms of electronic traffic.
The Canadian Association of Chiefs of Police has been after Ottawa for
Criminal Code amendments for some time and on Monday, the association's
president reinforced that call.
The shortcomings of outdated legislation "poses a significant threat to
public safety," said Edgar McLeod, who is also chief of the Cape Breton
Regional Police Service.
McLeod said police are losing the crime-fighting battle to legislation that
was written in 1974 -- when the rotary-dial telephone was still in use.
"Since then the technology has advanced while the police ability to
keep up has not kept pace," Edgar said during a break at the
association's annual conference.
"We say it's time to stop talking and start acting immediately."
Police organizations want more power -- through lawful access with warrants
-- to monitor e-mail, web surfing, instant messaging, mobile telephones and
telephone services that use Internet connections.
The police are especially concerned about child pornography, exploitation of
children, and organized crime.
The chiefs seem to have growing support from the federal government.
In a speech to the Canadian Association of Police Boards last week, Public
Safety Minister Anne McLellan described the issue as "something my
department is actively working on."
But a Toronto-based national group known as Privateer says the police and
the federal government must make the case to the public that cyber crime is
increasing and that changes to the laws are needed.
"Those laws can apply to the existing medium quite well," said
Robert Guerra, managing director of Privateer, which describes itself as a
coalition of computer professionals and human rights organizations.
"It doesn't mean that the old laws are bad," he said. "It
means police and authorities have to go through just cause for them to prove
to a judge that they can intercept communication.
"That is how it works now. Why do they need additional powers?"
Guerra agreed a new era of communications exists, but it's also true that
the Charter of Rights came into force after the 1974 Criminal Code
"So any new rights on any new communications medium regarding powers we
give police have to be balanced with rights we have under existing modes of
communication," he said.
Peter Barnes, president and CEO of Toronto-based Canadian Wireless
Telecommunications Association, said there are huge cost implications to the
"Our issue is that, whatever is the right approach, we have to recover
the costs associated with that," he said, referring to time and labour
that Internet providers and others would incur keeping such information and
making it accessible to investigators.
"It's quite complex and can be quite costly," said Barnes.
"We don't think our customers should subsidize this enterprise that's
carried out by law enforcement."
McLeod and other chiefs made the point several times that they are looking
at "lawful access," not more powers.
Supt. Thomas Grue of the Edmonton Police Service, said police were reluctant
to discuss in detail the types of things they would like better access to
for fear of alerting the criminals.
"There is some technology now that we can't intercept but we can't list
them for public safety reasons," said Grue.
Some Internet providers, for instance, can now purge data at will because
there are no regulations, said Grue.
How long they would keep the data and who would pay added costs for doing so
is still being debated, he said.
The association says other countries, including Australia, New Zealand,
Britain and the Netherlands, have already adopted legislation aimed at
modernizing their lawful access statutes.
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Last week, the pop star's lawyer, Stacy Phillips, complained that Federline's attorney, Mark Vincent Kaplan, had over-charged Spears, and asked that Federline be ordered to contribute to his own legal bills in the former couple's ongoing custody case. Citing Federline's tip of $2,000 on a recent $365 dining tab, Phillips contended that Federline could afford to help pay "for the diligent work being done on his behalf." She also criticized Kaplan for raising his hourly fee.
Family courts have the power to order one party to pay for the other's fees, based on income and needs. Federline had previously declared in court papers made public last year that he had no steady income, while Spears takes in more than $700,000 a month.
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Illinois Gov. J.B. Pritzker has ordered schools to stop locking up students alone in "time out" rooms. The order came a day after the publication of a joint investigation by ProPublica Illinois and the Chicago Tribune showing how widespread the practice is. By law, students can only be placed in isolation if they are a danger to themselves or others. But the investigation showed isolation is widely used for other reasons, such as refusing to do classwork or spilling milk, either as punishment for the misbehavior or because teachers were frustrated.
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The Inspector General Report Is a Huge Blow to the FBI's Credibility. Why Is It Being Treated Like Vindication?
The government's surveillance of Carter Page might not have been improperly motivated, but it was still seriously flawed.
A Professor Tried to End a Flirty Email Exchange With a Young Woman. Then She Threatened to Blackmail Him.
When the grad student threatened to publicize their embarrassing correspondence, he reported her. But the university decided he was the villain.
No, but that's not stopping a litigious vegan from making his case.
Plus: Provocative reindeer cause trouble for beer label, Law & Order's sex work fantasy, and more...
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10(1)In this paragraph “an existing order” means any order or injunction under any of the existing enactments which—E+W
(a)is in force immediately before the commencement of the repeal of that enactment; or
(b)was made or granted after that commencement in proceedings brought before that commencement.
(2)Subject to sub-paragraphs (3) and (4), nothing in Part IV, Part III of Schedule 8 or Schedule 10—
(a)prevents an existing order from remaining in force; or
(b)affects the enforcement of an existing order.
(3)Nothing in Part IV, Part III of Schedule 8 or Schedule 10 affects any application to extend, vary or discharge an existing order, but the court may, if it thinks it just and reasonable to do so, treat the application as an application for an order under Part IV.
(4)The making of an order under Part IV between parties with respect to whom an existing order is in force discharges the existing order.
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MORE: Woman's body found in burning car, DeKalb police say
Columbus was arrested Thursday, while Phillips was taken into custody Friday, according to DeKalb jail records. It’s unclear how the two were tied to the crime.
Both face charges of first-degree arson and concealing the death of another. Columbus also faces charges of second-degree murder and hindering a criminal, while Phillips was also charged with felony murder, terroristic threats and injuring a police dog or horse, jail records show.
Both were in the DeKalb jail without bond Friday afternoon.
In other news:
One woman said she got a home surveillance camera just to help catch the man and she's glad police have him now.???????
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: The Pune Municipal Corporation
’s city development committee has proposed drafting of a separate development plan (DP) for 11 newly merged villages to ensure planned development and to keep a tab on illegal constructions and encroachments in these villages.
The proposal was tabled at the recently held meeting and was passed unanimously by members.
The proposed DP can reserve the areas for amenity spaces and public utilities, besides ensuring proper road infrastructure across these villages, said members of the committee.
The state government has given a nod for merger of 11 villages under PMC limits. This includes partial merger of nine villages and complete merger of Phursungi
and Urali Devachi
. Most of these villages have already witnessed significant development in the real estate sector in last one decade.
Sachin Dodke, corporator from Warje who tabled the proposal, said that the administration needs to act fast on the issue. Immediate intervention was necessary to avoid illegal construction and unplanned growth in merged areas. There was also a need to protect reservations and conduct a detailed survey of land use, he said.
The villages were about to be merged in the city. Some parts of 9 villages were merged in city limits a few years back. The proposal for merger of remaining areas was pending for long with the state government.
Another member of the city development committee said that a detailed discussion was held about merger proposal. Most members expressed concern over the unregulated development in fringe areas.
“After merger it will now be PMC’s responsibility to provide basic infrastructure to these areas. The civic administration will also have to make provision for amenity spaces and locations for bus stops, hospitals, water tanks, besides it will have to lay water pipelines and make provisions for drainage lines, storm water drains. DP is necessary to protect the space for these amenities,” a member said.
Sources in the administration said that PMC is set to face a huge challenge in upgrading infrastructural facilities in merger villages.
This is because people residing in these areas have already been facing hardships because of poor infrastructure and lack of coordination among development agencies.
Illegal constructions and encroachments have been rampant, sources said. Mahesh Ladkat, chairman of the city development committee, said that the DP proposal will now go before the general body for further discussion.
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1/7/1946 - The city of Chicago is horrified when six-year-old Suzanne Degnan is found missing from her first-floor bedroom at 5943 North Kenmore Avenue.
Vowing to find the responsible party once on the scene, local police find a ladder outside the child's window and a poorly written ransom note requesting $20,000 in $5s and $10s (Mayor Edward Kelly also receives a bizarre note from the culprit referencing President Roosevelt and the Office of Price Administration). Sadly though, no ransom is really needed for an anonymous phone call is soon received by authorities stating that the sewers near the Degnan home should be searched ... and when they are, the police discover the young girl's head a block away, her right leg in a catch basin in the same alley, her torso in another storm drain, her left leg in another alley, and three weeks later, her arms in a sewer near the Howard elevated train line, three blocks from the Degnan home. And in their search, they also discover an apartment basement laundry room containing evidence of Degnan's dismemberment. Alive when abducted, the little girl has been murdered at a second location, and then processed for hiding at what reporters will christian, "The Murder Room" in the basement.
Sewer Hiding Place
The Murder Room
The #1 priority case for the Chicago police department to solve, thousands of man hours are spent questioning witnesses, administering polygraph lie detector tests, weeding out phony confessions, and arresting suspects with no actual involvement in the case. The most unfortunate suspect is the 65-year-old janitor of the Degnan building, Hector Verburgh, an innocent who is brought in for questioning as police tell the press that they've got their man, and beaten to a pulp in the cops' pursuit of a confession (his wife is also pressured to give up her husband) ... a 48-hour in custody nightmare that includes a separated shoulder that will take Verburgh 10 days at a local hospital to recover from (the Chicago police sued, Verburgh and his wife later will receive $20,000 for their wronging).
Then the police stumble on a new suspect! On 6/26/1946, 17-year-old William Heirens is arrested for attempted burglary when he is spotted trying to break into a Chicago apartment building (brandishing a pistol which misfires when he tries to shoot at the police, he is placed in custody after he is cracked over the head by three clay flowerpots and knocked unconscious). And with another roughing up behind bars, the Chicago police get the confession they were hoping for (later, Heirens will claim that he is questioned around the clock for six days, beaten, denied food and water, shot up with sodium pentothal without a warrant, not allowed to see his parents for four days, does not receive legal representation for six days, and on the fifth day, given a lumbar puncture without any anesthesia before a scheduled polygraph test). According to the authorities, while "under" one of his chemical cocktails, Heirens becomes a talkative alter-ego killer that calls himself George (also Heirens' father's name) Murman, the murderer of not only Degen, but also the instigator of the unsolved deaths 43-year-old Josephine Ross (stabbed to death in her apartment in June of 1945) and divorcee Frances Brown in December of 1945 (another gruesome stabbing in which the perpetrator leaves the message "For Heavens Sake catch me Before I kill more I cannot control myself" in lipstick on a wall of his victim's apartment ... a message that earns the culprit the nickname of "The Lipstick Killer" from the press covering the case). And to trial everyone goes!
At Heirens' trial, questions are raised about the legitimacy of the confessions (there will be 29 inconsistencies in the tale Heirens tells and the "known" facts of the case ... and afterwards, he recants both documents) made to the police, and the fingerprint and hand writing evidence presented, but they are buried beneath the story and objects of the prosecution's case ... a tale in which Heirens is raised by a constantly arguing set of parents (to escape, as a child he sneaks out of the house and begins wandering the night streets of Chicago), gets sexual gratification from burglarizing homes (which he begins doing at the age of 13) and develops a fantasy alter-ego named George Murman that commits all of Heirens' crimes, a gun linked to other crimes is found in his possession, as are stolen medical equipment and a scrapbook from a robbed home near Degnan's, an active duty soldier, George E. Subgrunski, testifies that Heirens is the man he saw walking towards the Degnan home on the night of Suzanne's abduction (which doesn't match previous statements), and the hunting knife used to cut up Degnan being found in the approximate spot where Heirens said he threw it from the EL train he was riding on.
The Infamous Lipstick Message
In open court, with his own parents present along with relatives of the victims, on September 4, 1946, Heirens confesses to the murders of Ross, Brown, and Degnan, and then follows up his admission with seemingly another, trying to hang himself in his cell that night while his guards are changing shifts (he is discovered just in time and revived). The next day, after closing arguments by both sides, Chief Justice Harold G. Ward sentences to Heirens to three prison life sentences for the murders.
Ready For Life Behind Bars
In the aftermath of the killings and trial, Heirens' parents will divorce, and they, and a younger brother all change their last names to Hill. Heirens can't change his name, but he does seem a different man behind bars ... he learns several trades, including television and radio repair, he becomes the first prisoner in Illinois history to earn a four-year college degree, becoming a Bachelor of Arts in 1972, he manages the prison's garment factory for five years (overseeing the work of 350 convicts), and setting up an educational program for prisoners housed at the Vienna Correctional Center in 1975. Despite it all, and ongoing debates over his guilt, each time he is up for parole his requests to be freed are all denied. Eventually, diabetes ravages his legs and sight, and Heirens, on March 5, 2012, dies in a hospital bed at University of Illinois Medical Center at the age of 83 ... and additionally, George Murman is never heard from again either!
Heirens - 2004
1/7/1946 ... and the hunt for the maniac burglar that will be called "The Lipstick Killer" becomes front page news.
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According to the National Safety Council, in 2020, 805 workers died in falls, and 211,640 were injured badly enough to require days off of work. You may ask who is responsible for fall accidents? Well, a slip and fall lawyer can help you to figure it out!
A Slip & Fall is an injury which occurs when someone slips, trips or falls as a result of a dangerous or hazardous condition through the negligence of a property owner.
- When an individual slips & falls on someone else’s property and is injured as a result of a dangerous condition on the property, the land owner or business proprietor may find himself legally responsible and may be liable for the injuries.
- Property owners are responsible for injuries that occur as a result of a dangerous or hazardous condition on their property, which the owner knew about, or should have known about.
Dangerous Or Hazardous Condition Defined
Dangerous & hazardous conditions may cause slips and falls due to accumulation of water, ice or snow, liquids, as well as abrupt changes in flooring, raised or cracked sidewalks, poor lighting, or a hidden hazard, such as a hidden ground hole.
- A dangerous or hazardous condition may be apparent such as a broken step or railing in a staircase, or it may be hidden such as ground hole that is overgrown with grass.
- A dangerous and hazardous condition may be permanent such as a 2 inch raised area of a sidewalk creating a change in elevation, or it may be a temporary spill of liquid in the aisle of a grocery store.
- A dangerous and hazardous condition may even appear to be something normal but be in reality is a slippery situation.
The owner or manager of property can be liable to somebody injured on their property, but not under all circumstances. The owner or the manager of the property has to be negligent in the conduct of caring for or managing their property.
- For example: Someone could fall down because a light burned out in a staircase; however, if the light had burned out just before the person got to that staircase and the person fell down, in this situation, the property owner or manager probably would not be liable because the owner or manager of the property did not cause the defect in the property, and the defect did not last long enough for the owner or manager of the property to know about the defect and fix it.
Another circumstance where a property owner might not be liable is if the defect is a trivial defect. If there is a defect in a raised sidewalk of 1/4 inch, where someone fell, then there is no liability. The sidewalk must be raised more than 2 inches, and it must be proved that the person injured, tripped on the raised sidewalk.
Property Owner’s Knowledge Of A Dangerous Or Hazardous Condition
In general, a property owner will be considered to have knowledge of a dangerous or hazardous condition if it is permanent in nature. When a dangerous or hazardous condition is permanent in nature, the owner would have known, or should have known, about the condition before the slip and fall accident occurs.
- For example: If wet algae has accumulated on the sidewalk over a period of time due to leaking lawn sprinklers, it would have to be proved that the person responsible knew about, or should have known about the condition as it had been occurring over a period of time. An expert witness would be required to prove that algae overtime accumulates to this degree when water is leaking as in this situation.
Knowledge, Time, & Temporary Conditions
In the case of temporary conditions such as a liquid spill, the length of time that the condition existed before the incident occurred has legal significance. If the spill occurred just before the incident, then the property owner may not be liable for injury, since the owner could not have known about the spill (and would not have been able to do anything about it) before the slip and fall occurred.
- For example: In a supermarket aisle another customer spills something immediately before the person falls down. In this case the owner of the store did not have enough time to find the spilled material and clean it up.
- If the owner did not directly cause the spill and someone else caused the spill, the spill would had to have been on the property for a long enough period of time for the owner to be able to know about it and to be able to clean it up.
Knowledge, Time, & Permanent Or Reoccuring Conditions
Knowledge of dangerous or hazardous condition example:
- If the spill was present for some period of time before the incident,
- or occurs in an area subject to liquid spills, such as near the fresh flowers or fresh produce aisle in the supermarket where the produce or flowers are constantly automatically watered
- is a recurring event -whenever the aisles are mopped the floor becomes slippery-then the owner may be liable, even if the owner did not know about the spill before it occurred.
Damages For Slip & Fall Injuries
This depends on the jurisdiction and the facts of your particular case (an attorney can help you with this). Depending on the jurisdiction and the facts of your particular case, generally, the following damages may be recoverable:
- medical bills and expenses incurred as a result of the incident
- lost income for time from work
- recovery of the fair value of any clothing damaged in the incident
- compensation for pain and suffering as a result of the incident
- general damages
For further information see the related sections:
- Premises Liability
The Law Offices of Burg & Brock have been handling personal injury and wrongful death cases exclusively since 1996. Cameron Brock, the firm’s founder, has built a reputation as a successful slip and fall lawyer in that time, accumulating a 99% success rate (with verdicts and settlements), and over $1 billion in damages on behalf of his clients. Though Brock and his associates have taken on major cases in the last two decades, they have always endeavored to offer their services even to people whose budgets would normally not permit them the opportunity to hire a high profile slip and fall lawyer. Because Burg & Brock operates on a contingency basis, you don’t get paid anything unless they come through for you.
The other issue that often daunts many people who are considering pursuing a lawsuit is the often exorbitant costs that accompany it. There are fees, costs for stenographers and private investigators, and the total price tag can easily reach the tens of thousands. That is why, when you are looking for the right slip and fall lawyer, you should consider the resources that a larger, more established law firm like Burg & Brock can provide. A firm like this has the resources to advance the cost of a suit, enabling you to hire the very best without worrying about your budget. Frankly, the only thing you should be worried about is getting the justice you deserve. Let the experienced hands at Burg & Brock take care of the rest.
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Hoons caught terrorising suburban streets, doing burnouts or damaging homes could have their cars immediately and permanently confiscated.
Police Minister Liza Harvey said yesterday the Government was pushing ahead with an election commitment for tougher hoon laws that would give courts power to permanently remove a vehicle from the owner on a first offence.
Since January 1 last year, WA Police has impounded 2827 vehicles under hoon laws - or five a day. Almost 900 vehicles have been confiscated so far this year.
Under current laws, speeding more than 45km/h over the limit is considered reckless driving and allows police to seize a vehicle for 28 days if it is a first offence.
A car is permanently confiscated only after a third offence.
The new legislation will allow police to apply to have a vehicle removed from a hoon for good if the offence causes distress to residents, occurs in a school zone or damages the road or property.
"If we can separate a reckless, antisocial driver from their vehicle, we know that at least they can't use that vehicle as a weapon in our communities and cause fear in the hearts of those people who should be able to sit in their lounge rooms and not worry about a car ploughing through their front door," Mrs Harvey said.
"It's been referred to as 'brain fade' when certain people get behind the wheel of some of these vehicles and drive in a reckless manner. I call it idiocy. Absolute reckless, irresponsible, selfish idiocy."
Other proposed changes to the laws include confiscation on a second strike for any hoon offence in suburban streets. Unlicensed trail bikes could also be permanently removed when ridden on the road in the first instance.
Police yesterday showed four vehicles seized because of hoon offences during the past month.
A man, 40, and a 26-year-old man had their cars seized after allegedly driving at more than 200km/h in Lakelands and Manning. Both face charges of reckless driving.
Another three people, who police say were members of a car club, had their vehicles impounded when police downloaded video of them allegedly racing on Leach Highway.
A woman, 23, of Waikiki, a 31-year-old man from Ferndale and a 27-year-old Applecross man will face court at a later date.
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These Are The 10 Safest Places In New JerseyIf you're eyeing a move to the Garden State, look no further than these 10 safe places.
New Jersey is known as the Jersey Shore State, the Garden State, and, to residents, perhaps the Greatest State. Of all of these things, though, one thing New Jersey has not been historically known for is its squeaky clean record or safety-but Movoto Real Estate is hoping to change this.
For the past several months, we've been on a trip across America to find the best places in country, and one thing that makes a place great is its safety record. After compiling data and sifting through our findings, we believe we've found the safest place in New Jersey: Chatham Township. Of course, Chatham didn't make it to the top of our list without overcoming stiff competition. Here are the 10 safest places in New Jersey:
1. Chatham Township
2. Mahwah Township (tie)
2. Sparta Township (tie)
4. Bernards Township
5. Borough of Hasbrouck Heights
6. Berkeley Heights Township
7. Borough of Florham Park
8. Borough of Ringwood
9. Borough of Tenafly
10. Borough of Lincoln Park
Why was Chatham Township the safest place in New Jersey? Which were the most dangerous? If you really want to know, keep reading and we'll talk about the method behind our study, why each of these places is so safe, and, in the end, which you might want to avoid.
How We Conducted Our Study
In order to create this list of the 10 safest places in New Jersey, we looked at the FBI's report of crime statistics from 2012. For our locations, we used the places in the state with a population of 10,000 or more, which left us with a total of 238 places. Then, we looked at each of these places in terms of three criteria:
- Violent crime (rape, murder, and assault)
- Property crime (theft, burglary, and motor vehicle thefts)
- The chance a resident will be a victim of crime
For violent crime and property crime, we calculated the number of transgressions per resident. In order to determine a resident's chances of being the victim of a crime, we used the total number of crimes in the city. Then, we ranked each city from one to 238 across the three criteria. The lower the number was, the better the city's score.
In order to account for the differing severity in the types of crime, we weighted each criteria differently, placing a greater emphasis on violent crime, followed by property crime, and then the chance a resident might be the victim of a crime. Violent crime made up 50 percent of our ranking, property crime made up 30 percent, and a resident's chances of being the victim of a crime made up 20 percent.
In total, there were 176,193 total crimes committed last year across all of the places in our study. Out of these, though, a vast majority were non-violent; 151,453 or about 86 percent were property crimes.
Now that you know the method behind this madness, let's take a look at our 10 safest places, starting with the winner, Chatham Township.
Located in Morris County, our safest city ranked well in nearly all of our criteria, most notably for its impressive total of zero violent crimes in 2012. It was the only place in our entire study with no violent crimes for the year, and as far as property crime goes, it only saw a total of 46. In other words, that's just a 1 in 223 chance for residents to be the victim of any crime, and that is pretty darn in impressive.
$1,459,0005 Bd 3.1 Ba 8 DaysFor Sale
$2,099,0004 Bd 4.1 Ba 11 DaysFor Sale
$659,9003 Bd 2.1 Ba 12 DaysFor Sale
$1,379,000 $1,429,0005 Bd 4.1 Ba 4,400 Sqft 15 DaysPrice Reduced $50K
2. Mahwah Township (tie)
The name "Mahwah" comes from the Lenape word mawewi, which means "Meeting Place," and, after conducting or study, we can't think of a better-or safer-place to meet. This township in Bergen County has a population of over 24,000 residents-that's over twice the population of our No. 1 place-and yet, it only saw a total of 109 crimes in 2012.
Only three of those crimes were violent (one robbery and one aggravated assault), and out of the remaining crimes, nearly all of them were property theft; 87 out of 106. Just like in our first place, residents here only had a 1 in 223 chance of being the victim of a crime.
2. Sparta Township (tie)
Even though the name of this township may evoke a feeling of danger if you're a movie buff, this Sparta had only one violent crime in 2012, making it one of the least-violent places on our entire analysis.
While residents are strolling the Mohawk Boardwalk, they can have peace of mind knowing that aside from the one violent crime of 2012, there were only 132 property crimes for the year total, 116 of which were cases of larceny/theft. This means that residents in Sparta only have a 1 in 146 chance of being the victim of any crime.
Compare this number to that of Atlantic City, where residents have a 1 in 10 chance of being the victim of a crime, and it's easy to see why Sparta made our list.
This historically affluent township in Somerset County has seen an increase in population over the years, and, after our analysis, we're pretty sure we know why. Bernards Township only had 149 reported crimes in 2012, out of a population of nearly 27,000.
To put that into perspective, compare it to Bridgeton, CT, which, with a population roughly the same (in fact, it's about 1,000 less), saw a total of 1,367 crimes that same year, 320 of which were violent. In contrast, Bernards Township had just three violent crimes. Overall, residents only have a 1 in 181 chance of being the victim of any crime.
This Bergen County borough has all of the benefits of being just 10 miles northwest of Midtown Manhattan without the drawbacks (namely, the crime). Hasbrouck Heights only had one violent crime during the entire year of 2012 for its population of almost 11,500 people.
Other than that, there were a total of 72 property crimes in Hasbrouck Heights, 60 of which were mere cases of property theft/larceny. Of course, property theft/larceny is still a crime, but it certainly isn't anything like violent crime.
Berkeley Heights Township was named No. 6 in Money Magazine's Best Places to Live ranking last year and earned a top spot on New Jersey Monthly's 2010 Best Places to Live list. After conducting our analysis, we can't say we're surprised.
With a population of over 13,500 people, Berkeley Heights saw only one violent crime in 2012 and just 102 property crimes. Out of these property crimes, 78 percent were cases of larceny/theft, about 19 percent were burglaries, and just 3 percent were motor vehicle thefts.
All told, residents only have a 1 in 131 chance of being the victim of a crime. This truly does seem to be one of the best places to live in the state, at least crime-wise.
With a total of just two violent crimes and 65 property crimes reported in 2012, it's no wonder the Borough of Florham Park made it onto our list. To break this down further, Florham Park only saw 56 cases of larceny/theft, seven cases of burglary, and just two cases of motor vehicle theft. Perhaps this was one reason the Borough of Florham Park beat out five other places to become the new headquarters for the Jets in 2008?
Ringwood only saw a total of three violent crimes in 2012: two cases of murder/non-negligible manslaughter and one case of aggravated assault. Sure, that doesn't exactly sound good, but when you compare this to, say, Somerville, with roughly the same size population and 14 murders and seven aggravated assaults, well. it makes Ringwood look pretty peachy.
Aside from this, Ringwood only saw 79 property crimes, 85 percent of which were simple cases of larceny/theft.
This borough scored well in our study for an impressive total of zero murders, zero forcible rapes, zero robberies, and just three cases of aggravated assault reported in 2012. Additionally, Tenafly only had 101 cases of property crime during the year. With a population of 14,864, this means residents only have a 1 in 143 chance of being the victim of a crime.
The final spot on our list goes to the Borough of Lincoln Park for many reasons, namely just 93 total crimes in 2012 for a population of 10,663. Of these, only two were violent (both were aggravated assault) and the remaining property crimes were mostly cases of larceny/theft (63 out of 91).
With its close-knit community feel, some of the state's finest schools, and just a 1 in 115 chance of being the victim of a crime, Lincoln Park certainly seems to be one great place to live or start a family.
The Bottom Of The List
Now that we've explored some of Jersey's safest places, let's take a look at a couple of the spots that came in at the bottom of our list.
The least-safe place in our analysis was Asbury Park, NJ. This place of just 16,625 residents saw a total of 1,491 crimes in 2012, of which 344 were violent crimes. This means residents have a 1 in 11 chance of being the victim of any crime. Second place for New Jersey's most dangerous goes to Camden, NJ, with a total of 1,841 violent crimes (37 of which were murder), and 3,500 property crimes, for its population of just over 79,000.
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I couldn't comprehend why Ethicon would let Jill on the jury. I assumed that my sister, a mother of two, would normally be thoughtful to Adkins. For some ladies, minor urinary incontinence is an unavoidable truth after labor—we fold our legs before wheezing and find the closest washroom quickly after entering a new spot. Be that as it may, Jill, who has a doctorate in training approach, likewise originates from a group of legal counselors—including our dad, her better half, and three sisters. Bueno disclosed to me later that she was depending on hearers like her: exceptionally taught people who might tune in to the two sides and apply the law to the realities.
I'm certain my sister did precisely that, however she disclosed to me she had been awed by something other than Bueno's order of the law. Jill had identified with her. She was the main lady legal advisor in a court pressed with lawyers. The men were dismal and dull; Bueno was amicable and dynamic. She alluded to the female life structures without any difficulty. On the other hand, Adkins' everything male group battled when compelled to pose individual inquiries. "On the off chance that you can't state the word vagina, you are most likely not the best attorney for the case," Jill said. By tiptoeing around their customer's wounds, Adkins' male legal advisors undersold her torment and neglected to demonstrate its immediate connect to Ethicon.
A defining moment in the preliminary, Jill let me know, was Bueno's questioning of Adkins. "She kept her equivalent cordial disposition while posing some exceptionally extreme inquiries. She needed to separate [Adkins] and exhibit that she was not a solid observer. What's more, she did it without appearing to be mean or loathsome." For a situation including convoluted issues identifying with female genitalia, my sister stated, "I confided in her more since she was a lady."
In a general triumph for Ethicon, the jury found that the work had been faulty yet that Adkins had neglected to demonstrate that it had caused her wounds. (In August 2017, the judge superseded the jury's decision; Ethicon has bid.) When I talked with Bueno, she revealed to me that she has been engaged with many work cases. "A lady can question female individual damage unfortunate casualty with more prominent affectability," she said. "She can test somewhat assist without seeming to be assaulting the person in question."
Lynne Hermle led what was maybe the most noteworthy profile questioning of 2015. Ellen Pao was looking for $16 million in harms from her previous business, the Silicon Valley funding firm Kleiner Perkins Caufield and Byers, guaranteeing that she had encountered sexual orientation separation—and had been terminated when she'd spoken up about it. Hermle, an accomplice at Orrick, Herrington and Sutcliffe, was the lead counsel for the all-female safeguard group. Hermle is the senior accomplice in Orrick's Silicon Valley business gathering, where 10 of the 13 lawyers are ladies. "I think ladies are better at the contention viewpoint in the court," she let me know. "We can defy individuals legitimately and destroy false stories such that men can't manage without seeming to be a domineering jerk." In the Pao case, "I had an extremely tight, well-made questioning that never included yelling." The verification, Hermle stated, was in the outcome: The jury ruled for her customer.
However Hermle's accomplishment in the Pao case came to the detriment of a lady apparently battling for sexual orientation value in an industry infamous for its hawkishness. I asked her whether she saw an incongruity in this. Hermle said no. Pao, she kept up, was essentially the wrong ambassador for a noble motivation.
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In a major setback to the Arvind Kejriwal government, the Delhi High Court today quashed the government's order on the appointment of 21 AAP legislators as Parliamentary Secretaries.
In June, President Pranab Mukherjee had refused to sign the Delhi government's bill that allowed the 21 AAP MLAs to hold a second paying position as a Parliamentary Secretary, leaving their fate uncertain.
AAP had appointed 21 Parliamentary Secretaries to assist the Delhi government ministers on March 13, 2015. Thereafter, the government sought an amendment to the Delhi Members of Legislative Assembly (Removal of Disqualification) Act, 1997.
This decision had caused considerable controversy as the opposition criticised the move with both the BJP and the Congress had terming them appointments as grossly illegal.
The BJP-led central government had stipulated these posts as “office of profit” thereby paving the way for their disqualification.
A Delhi lawyer had sent a petition to the President’s office, after the state cabinet cleared the proposal keeping parliamentary secretaries out of the office-of-profit purview on June 19.
Prashant Patel, based at Karkardooma Court, filed the plea asking the President to take action against the creation of 21 “unconstitutional” posts by the Delhi government.
The Delhi government had earlier denied giving any additional salary, perks, or privileges to the 21 parliamentary secretaries other than what they were entitled to by virtue of being MLA's.
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This study investigates The Church of Jesus Christ of Latter-day Saints (LDS), known as Mormons, and their struggle for acceptance in nineteenth-century America. Specifically, this paper defends the Mormonsà justification of polygamy underscored by the principles, revelation and perfect obedience. While United States law and culture confronted this practice with disapproval, Mormons used the legal system to argue that polygamy was necessary for compliance of their religious law. Due to Mormonsà embrace of polygamy, their integration into society slowed. The LDS image grew tainted as they fought to maintain plural marriage. As Mormons became further estranged, the United States revoked their citizen rights. In turn, in 1890, Mormons began a deconstruction of polygamy that transformed the Church. Their renouncement of this practice eased their progress on American soil; however, Mormons continue to battle with contemporary misconceptions about their polygamous history. As Mormon fundamentalist groups continue to practice polygamy, mainstream LDS members aim to separate themselves from their history. Because of this contentious history and ongoing debate, it is important to understand the roots and justification of this controversial interpretation of religious beauty. Ultimately, this paperÃs exploration arrives at two present-day questions: How can Mormons find closure with their polygamous past? Furthermore, as the United States deals with emerging polygamous groups, how can civil law handle communities that embrace plural marriage under religion today? Through this study of Mormon belief and struggle within the United States, I propose several ways to resolve the situation.
Maseelall, Aliya Madhur Deepa, "I Do' X 2: the Stain of Mormon Polygamy" (2008). Senior Independent Study Theses. Paper 194.
Bachelor of Arts
Senior Independent Study Thesis
© Copyright 2008 Aliya Madhur Deepa Maseelall
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Should Davis Grant Parole? / PRO / It's the Governor's Job to Decide
Published 4:00 am, Sunday, August 20, 2000
THERE HAS ALWAYS been a dispute over California's policies on paroling lifers -- inmates serving a life sentence with the possibility of parole.
The issue, in my view, is the question of responsibility.
In California, the nine-member Board of Prison Terms, more commonly called the parole board, is responsible for making the initial decision about whether to release a lifer. The parole board bases its decision to grant or not grant an inmate a release date on two key criteria: the gravity of the offense and the threat to the public.
But once the board decides a prisoner is suitable for release, the ultimate responsibility, according to the California Constitution, lies with the governor.
I have never met Gov. Gray Davis, but I imagine he is someone who learns from every experience. The Darryl Kemp case was probably one of them.
When Davis was Gov. Jerry Brown's chief of staff, the Brown-appointed parole board had an enormously lenient parole policy. In the late 1950s, Kemp strangled and raped a number of women. One died. In 1960, Kemp went on Death Row for first-degree murder.
In 1974, he was a beneficiary of the court decision that changed all people on Death Row to inmates serving first-degree murder with the possibility of parole. In 1978, he was paroled.
In 1983, he broke into the homes of six women in Austin, Texas, choked them nearly unconscious and raped them. He is now serving a life sentence in Texas.
Remember the responsibility theme? ñ exposed to one of the hardest traditions of the United States military: If one of your men dies, the officer has to write the deceased's loved ones to let them know why he died. Someone was responsible for the death.
I can't help but believe that this is part of his thinking today. A hypothetical letter to one of the ladies in Austin might begin, "Dear Ms. Brown, I'm deeply sorry that a person I allowed to be paroled choked and raped you on June 15, however . . ." It would be a very difficult letter to finish.
If the governor's primary duty isn't to protect the physical safety of Californians, what is?
Last year, the Legislature almost passed a bill that would have removed much discretion from the parole board. The bill basically established a formula. If a lifer met all the criteria in the formula, he could win release. The formula was designed to calculate such factors as a prisoner's willingness to educate himself and behave well while in prison. Among the elements not factored in to the formula were the commitment offense and the prisoner's threat to the public.
Think about that for a moment: Whether or not an inmate has taken educational courses would be more important to the release decision than the likelihood he might murder again.
Fortunately, the bill didn't pass.
But there are other threats to California's current tough stance on parole. The Robert Rosenkrantz case is probably the greatest court-created danger to the citizens of California in a generation.
Rosenkrantz was called a bad name by a friend of his younger brother. He bought an Uzi, waited outside the victim's home a week later, then shot the victim four times in the body and six times in the head. Because Rosenkrantz intended to murder the victim, he was convicted of second-degree murder. The Board of Prison Terms denied him parole, but a Los Angeles Superior Court judge ordered the board to release Rosenkrantz. The Rosenkrantz case set a legal precedent when the California Supreme Court refused to take this case.
The impact of this decision is enormous: It will allow the 2,779 second-degree murderers who have served their minimum sentence to go to any Superior Court judge in the state and ask for a release date. If the Rosenkrantz case is precisely followed, these judges can accept as fact everything the murderer claims.
Fortunately, Gov. Davis will always consider the likelihood that these lifers will kill again. The responsibility rests with him; so far he's shown Californians it's a responsibility he's willing to bear.
TEST CASE FOR DAVIS
The case of Robert Rosenkrantz has become the fulcrum in the legal and political seesaw regarding parole for murderers. The Board of Prison Terms found Rosenkrantz suitable for parole in 1996, 15 years after he murdered a schoolmate who exposed him as a homosexual. His parole was later blocked by Gov. Gray Davis. In 1998, Rosenkrantz sued; a year later the parole board was ordered by a Superior Court judge to set a release date. The þ of Appeal.
The board agreed to set a parole date, which places the case once again in the hands of Davis, who has vowed to keep all murderers in prison indefinitely, no matter what the circumstances. He is expected to review the case by September.
Source: Chronicle research
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How is Salt Lake City family law different than other cities?
Salt Lake City family law is unique in that it follows the laws of Utah. This means that certain procedures, rules, and regulations are different from those found in other states. For example, Utah has specific guidelines when it comes to filing for a divorce or child custody matters that may not be found in other parts of the country. Additionally, the amount of time it takes for a case to be heard and the types of relief available can vary from state to state. You should get in touch with Smoak Law, P.C. a Salt Lake City family law firm to understand what your case will be like. This is a skilled law firm that can handle your case.
An experienced Salt Lake City family lawyer can help you understand the nuances of local laws so that you can make informed decisions regarding your family's future. They will also provide valuable legal advice and guidance throughout your case, helping you navigate the legal system and achieve a favorable outcome. They have an in-depth knowledge of the local family law landscape and can provide essential advice on how to approach your case.
Ultimately, employing a Salt Lake City family lawyer ensures that you receive the best possible representation for your unique situation. By having an experienced professional fighting for your rights, you can rest assured that your case will be taken seriously and handled appropriately.
Please note: This content is written for informational purposes only and should not be used as legal advice. For any specific legal questions, please consult an attorney.
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Are mass shootings really on the rise in America? Will an increased focus on mental health help prevent mass murders? Would expanded background checks really make a difference? According to author and Northeastern University criminology professor James Alan Fox—no.
Although President Obama recently urged the entertainment industry to curb portrayals of violence to children and adolescents, new research highlights the cognitive benefits of video games, especially shooters.
Speaking at DreamWorks Animation, President Obama reaffirmed his commitment to curbing gun violence by calling on the "responsibility" of the entertainment industry.
Video gamers have a reputation for preferring their virtual reality over the one the rest of us have to deal with, but they may want to log-in to what’s happening on Capitol Hill before their pastime becomes the latest industry to fall under government control.
The Obama administration's assault on the Second Amendment in reaction to Newtown is not a serious solution. It's a Band-Aid on cancer. The NRA's call for armed guards in every school also misses the point. When is anyone going to get serious? The problem is violence, a violence of monstrous and horrific proportions that has infected America's popular culture
According to a major study carried out by a New Zealand university over a period of more than 20 years, “Children who watch excessive amounts of television are more likely to have criminal convictions and show aggressive personality traits as adults.” Is that really a surprise?
The horrific Newtown, Conn., mass shooting has unleashed a frenzy to pass new gun-control legislation. But the war over restricting firearms is not just between liberals and conservatives; it also pits the first two amendments to the U.S. Constitution against each other.
Katie Pavlich discusses the issue with Fox News' Sean Hannity.
Guns, guns, guns. Love, love, love. America needs guns and love.
The idea for massacring children in an elementary school or shooting up a mall filled with Christmas shoppers does not come from reading books, watching movies or listening to music. Does the incitement for such unspeakable acts come from hours of role-playing violent video games?
In the wake of the Newtown massacre, Senator John Rockefeller has “called for a national study of the impact of violent videogames on children and a review of the rating system,” but the video game manufacturers claim there is “no connection between entertainment and real-life violence.” Are they in denial?
In the wake of past mass shootings, when the "national conversation" has focused exclusively on guns, I have argued that our appallingly inadequate mental health system was a better subject of reform. At least half of the shooters in the rampage killings that are ripping our hearts out are young men with serious mental illnesses, and our system has neither the legal nor the financial resources to get them the treatment and/or restraint that they, and we, desperately need.
In the wake of past mass shootings, when the "national conversation" has focused exclusively on guns, I have argued that our appallingly inadequate mental health system was a better subject of reform.
Rarely has the Supreme Court struck a blow for individual freedom as it did in its recent decision in Brown vs. Entertainment Merchants Association.
Palin, Beck, Bachmann are all in zombie form, ready to be slaughtered. Keeping it classy, left.
The Supreme Court says that freedom of speech requires that 13-year-olds have that opportunity. In a 7-2 decision, the court struck down a California law barring the sale of graphically violent video games to people under 18.
Winning these video games depends on brainy strategies to be vile and violent. Who could be against keeping such games out of the hands of children?
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Yahoo Answers is shutting down on May 4th, 2021 (Eastern Time) and beginning April 20th, 2021 (Eastern Time) the Yahoo Answers website will be in read-only mode. There will be no changes to other Yahoo properties or services, or your Yahoo account. You can find more information about the Yahoo Answers shutdown and how to download your data on this help page.
I have some questions about patents?
number the answers to the questions
#1. Where does an inventor apply for a patent
#2.what info does an inventor need to apply on an application?
#3. who get te patent when 2 inventors have the same idea
#4 How long does a patent last
#5 what does patent pending mean?
- cato___Lv 71 decade agoFavorite Answer
1. At the Patent Office serving the jurisdiction you want a patent in. In the U.S. that would be the U.S Patent and Trademark Office. www.uspto.gov
2. The application need to explain how to make and use the invention with enough detail so that one of ordinary skill in the art could make and use the invention without undue experimentation.
3. In the U.S. currently, the first one to invent, or both if its a tie. In other jurisdictions it might be the first to file.
4 Currently it they last for 20 years from the filing date. In some instances, time is added if the patent office too too long to approve it.
5. Patent pending means an application has been filed for some aspect of the marked item, but that the application process has not yet been completed.
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The Alabama Mobile Home Bill of Sale is a comprehensive legal document that utilized for the purpose of transferring ownership rights and responsibilities of a mobile home situated in Alabama. Through its meticulous language and specific provisions, this bill ensures a smooth and transparent transaction process between the seller and buyer. The Mobile Home Bill of Sale requires crucial details such as the names, addresses, and contact information of both parties involved, as well as a precise description of the mobile home transferred. Additionally, it includes pertinent information about any encumbrances or liens on the property to protect the buyer’s interest in Alabama.
This standardized form fosters confidence by providing clarity regarding important aspects like purchase price, payment terms, and conditions under which either party can terminate or amend the agreement if necessary. It serves as an invaluable tool for preserving accurate records pertaining to real estate transfers while promoting fairness among all parties involved in acquiring or disposing of a mobile home in Alabama.
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5:10 p.m. UPDATE: Sacramento police have reopened the roads blocked by the investigation. The search continues for who struck the woman.
SACRAMENTO (CBS13) - Officers are investigating a deadly hit-and-run crash in the North Sacramento area early Tuesday afternoon.
The scene is near West El Camino Avenue and Grasslands Drive.
One person died as a result of the crash. Police are searching for a white pickup with a camper shell on it that witnesses say fled the scene.
Investigators will be at the scene for the next few hours. Officers advise drivers to avoid the area if possible.
for more features.
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ISLAMABAD: The Election Commission of Pakistan (ECP) Tuesday vehemently denied the allegations levelled by federal ministers, Azam Khan Swati and Chaudhry Fawad Hussain, and sought related record from the Pakistan Media Regulatory Authority (PEMRA) for further action.
The commission decided to issue notices to the two ministers. An ECP meeting was held here in this regard, with Chief Election Commissioner (CEC) Sikandar Sultan Raja in the chair, and was attended by ECP members Nisar Ahmad Durrani and Shah Mohammad Jatoi, besides senior commission officers.
The ECP meeting decided to seek evidence from Minister Swati, who had accused the ECP of taking bribe and being on the payroll of someone. Ch Fawad Hussain had also levelled allegations against the ECP and the CEC during a press briefing.
The allegations, levelled against the ECP and CEC, were discussed at length during the meeting. During a meeting with the president and the Senate standing committee, allegations were levelled against the ECP and the chief election commissioner.
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