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"Congress shall make no law…abridging the freedom of speech, or of the press." -1st Amendment to the U.S. Constitution "The freedom of speech may be taken away, and dumb and silent we may be led to the slaughter." "These principles (including freedom of the press) form the bright constellation which has gone before us, and guided our steps through an age of revolution and reformation. The wisdom of our sages and the blood of our heroes have been devoted to their attainment. They should be the creed of our political faith, the text of civil instruction, the touchstone by which we try the services of those we trust; and should we wander from them in moments of error or alarm, let us hasten to retrace our steps and to regain the road which alone leads to peace, liberty, and safety."	__label__cc	0.059144
The former CEO of a Maori trust says there was no criminality in her irregular use of the trust's credit cards to obtain a total of about $22,000. Te Hemoata Dawn Pomana, 59, the CEO of Ngai Tamanuhiri Whanui Trust until her resignation in 2011, pleaded not guilty to three charges of using a document for a pecuniary advantage when she appeared in a judge-alone trial in Gisborne District Court. Judge Tony Adeane has reserved his decision, to be released on July 21. Pomana is on bail. The representative charges relate to Pomana's use of two trust credit cards between 2006 and 2011 to obtain amounts of $15,440, $3793 and $2806. Pomana often used the cards for personal expenditure but declared that use and reimbursed the trust. The trust was concerned when she started making cash withdrawals in late 2010 -- often from the same money machine and late at night, sometimes for several hundred dollars at a time, and several times during a day. There were 94 such transactions -- none of which were declared. In evidence, trust general manager Richard Brooking said that when he went to its aid in late 2011, the trust faced financial collapse and was unable to pay staff beyond two weeks. Pomana was dealt with in-house in tikanga manner. She was asked to resign and to pay back $6000 still owing. The trust considered the matter over but a more thorough investigation into accounts (by his wife) was prompted when Pomana launched an employment suit for wrongful dismissal in 2013. Mrs Nellie Brooking discovered Pomana owed a further $800 for a trip to Australia and that there was another amount, of about $1500, not accounted for. There was also a debt of $3600 to the kohanga reo, of which Pomana had been chairwoman, but no record of the loan. The investigation showed Pomana's repayments were erratic nearer the end of her tenure. Police were informed. Pomana elected not to call or give evidence in the day-and-a-half trial, which ended yesterday. Her defence was evident through counsel Elliott Lynch's cross-examination of police witnesses. Mr Lynch put it to Mr Brooking that the trust informed police only as retaliation for Pomana launching an employment suit against it for wrongful dismissal. If it really was a criminal case, then it would have been referred to police when it was discovered two years earlier, he submitted. There had been no formal policies for credit card use. Pomana was named as the account holder. She had regularly reimbursed the trust and maintained a good working relationship within it. Mr Brooking had misinterpreted Pomana's emotion during his meetings with her before her resignation. Rather than being contrite and apologetic for wrongful behaviour, as he described, she was apologetic for leaving the trust at a time of need, Mr Lynch said. Mr Brooking negated those claims but admitted the decision to go to police was partly due to Pomana's personal grievance action, which could cost the trust up to $50,000. Trustees were upset by the suit, believing they had dealt with Pomana compassionately. By taking a tikanga approach, they acknowledged her 16 years of service, the recent death of her husband and had kept the matter out of the media. The trust had also put itself in a vulnerable position. He agreed there might not have been formal trust policy on use of credit cards but said that as in any organisation, there was a general understanding they were not to be used for personal expenditure. The use of the cards for cash withdrawals was particularly appalling and the excuse those were for "soft loans" did not wash. "There was also a concern that if Mrs Pomana had done this to our organisation, she might do it to another," Mr Brooking said. "The months leading up to the final date were not brilliant and she was caught out owing $6000, which was not a good thing," he said.	__label__cc	0.022436
This page is being developed as part of Improving Access to Justice for Native Peoples in State Courts Program and includes the perspectives from the Navajo and Pueblo languages represented in this project. Video Documentary on Project Navajo Team Collaborators: - Frank Morgan, Translator & Trainer - Blanche Raymond, Certified Navajo Interpreter, Staff with the Farmington Magistrate Cour - Joanna Manygoats, Certified Navajo Interpreter Pueblo Team Collaborators: - Prof. Creel, Director of the Southwest Indian Law Clinic, UNM School of Law - Sarah Pino from Zia Pueblo, Former Education Director for the Pueblo of Zia - Judge William Johnson, Tribal Court Judge, Isleta Pueblo - Diane Williams, Keres Language Teacher, Cochiti Pueblo - Dr. Christine Sims, Associate Professor, UNM College of Education, Acoma Pueblo What can the judge and attorneys do to improve communication and the flow of the proceeding? Judges and attorneys can find ways to improve communication and the flow of proceedings. I think Judges need to be patient and be willing to communicate with attorneys, interpreters but also be aware that our languages and some of our words, there's no translation . . . . all of these terms that are now coming . . . from mainstream society, it's not something we've grown up knowing, using, those are not our words so I think judges/attorneys need to be mindful of that. And then just again, just because we know how to speak English, a lot of us are more common basic English and not big words. So when clients are being asked a question, they might not know what it means and if there's not a word to translate it then you know, you're kind of stuck . . . . So even the Tribe’s interpreting might be a little different. . . . The judges should at the beginning of a proceeding by introducing him and what his role is. Explain the type of proceeding and what the roles of each of the players are. The attorneys, any witnesses and the defendant’s role in the proceeding. That would be the judge’s tip, to take the time to do that explanation before he elicits any testimony. And for the attorneys to also when they're presenting their case again, be as clear as possible and take their time explaining or speaking what it is they're offering to the court so that the defendant or the witness that's a non-English speaker or a Native speaker through the interpreter understands the question or the statement that's being made. So there's no delays in what did he mean . . . or what did that mean. To try and make it as succinct and as clear as possible so that the interpreter’s job is easier. I think that would be the best thing for an attorney. • Attorneys and judge should slow down by explaining situations and procedures, i.e. Motion, Questioning witnesses, and explaining laws pertaining to a certain crime. When LEP Navajos do not know what is going on they will not answer questions very well. • Explaining to defendants, plaintiffs, and witnesses that a hearing is usually specific to one element. For example, child custody, that not everything involved in the Divorce is to be discussed. When a Navajo being interrogated begins to talk he or she will include things unrelated to the main question. This wears down the interpreter. • Some traditional Native language speakers do not know how to ask questions, they start to tell what they think, or start to blame people, etc. There has to be a way to keep statements or testimonies focused on the essential points in the questions. • Most defendants do not know how to assist their attorneys to prepare the case. Some individuals will make statements inconsistent with their attorney’s case. What are cultural considerations that judges need to take into account when dealing with a defendant who speaks the a Native Language? Even fluent speakers of two languages may need to take some time to figure out how certain terms can best be interpreted from one language to another. Tribal governments traditionally have had their own forms of jurisprudence so the way in which you explain concepts like guilty/not guilty in English might not be quite the same for instance in a Native language. Because the ways in which we deal with those kinds of things may be very different. So I think this is the challenge of interpreters especially in Judges and Attorneys need to understand then that process of translation isn't always a quick one to one correlation of terms. I think Judges need to . . . be aware that our languages and some of our words, there's no translation. And we would have to go back to the English language because all of these terms that are now coming for or from mainstream society, it's not something we've grown up knowing, using, those are not our words so I think judges, attorneys need to be mindful of that. . . . . . . Any time you're communicating across cultures with different concepts and different words and sounds there's going to be an opportunity for a misinterpretation. . . . there's a myth to say there's a one to one translation. So given that there isn't a verbatim the interpreter is going to have to use these concepts. . . . . . . it's my responsibility as the attorney . . . to check in with the interpreter and say is he or she understanding? Is this concept translating? Does this make sense basically but it's also the interpreters responsibility to ask me questions and say, “are you trying to say X or are you trying to say Y?" . . . . . . . I would hope the interpreter would not use a word for word translation if there isn't a word that explains all of those legal concepts that are embodied in the word guilt but instead the attorney and interpreter together would explain what's happening in the arraignment and explain what responses are appropriate. Navajo Cultural Traits Eye contact: Traditional Navajo parents teach their children not to look directly into another person’s eyes. They believe that a person’s eyes have the ability to affect or sway someone’s beliefs and actions. Therefore, the Defendant and witnesses may look downwards when Judge, Attorney, or other Court personnel are talking to him or her. The judge and attorneys can look at them, but they will not look directly back at the speaker. Timid: Most older Navajo will tend to be timid, quiet, and not aggressive. They are in a place (court) where everything even people are foreign and alienating. Language spoken in the courtroom are intimidating (frightful, forceful, and threatening). Frequently, Navajos with limited English proficiency would not know how to explain him or herself or crime they’ve committed, even when the question and answer is interpreted. In most cases they will just plead guilty, they may or may not have committed any crime, they may have been blamed, and was near the scene of the crime. Often, defendants with limited English proficiency don’t know and understand the court system, procedures, practices, and formality, etc Many Navajos are unfamiliar with their rights, Miranda Right, constitutional right, specific to any alleged crimes. They do not understand that there are rights that authorities must honor. Typically, Navajo people are not familiar with court etiquette when speaking to judges, lawyers, and men and women, i.e. saying Your Honor, Sir, madam. A person might look to another (daughter, son, or relative) to help make a decision concerning their situation. Navajo speaking defendants tend to tell their side of the whole story almost immediately. They do this even though they are told, “to remain silent” in their advice of rights. Navajo individuals do not know how to work with their lawyers. Speakers of Native languages with limited English proficiency don’t understand the implications and things related to an alleged crime committed. Generally speaking, Navajo defendants do not have ready access to any amount of money. They are under the impression that if they pay the fines they are forgiven and will be free of any wrongdoing. For example, when a person is ordered to pay DWI fines, sentenced to attend DWI School, ordered to attend counseling sessions, that individual will many times believe that he or she is free and that their record is clean. What are some examples of Native cultural traits that may be misinterpreted in court? Because judges deal with diverse cultures, it is important to recognize Native cultural traits that are frequently misinterpreted. . . . . Cultural traits include thinking through a question and the responses and all the possible reactions before you speak out loud. This may take time . . . . Native people they understand authority and the need to respect . . . . Tone and volume are also going to be very different and the judge may misinterpret someone who is speaking softly as someone who is trying to be deceptive . . . there's an expectation that people when they're confident and commanding they speak loud, that's not in the Native trait. . . . It's really inappropriate for you to be loud to defend yourself. Sometime Natives will not look directly into the eye of an authority as a form of respect and that may be seen as, by a judge as a weakness, a disrespect, an avoidance. So a judge should always remember a defendant because they're not looking them directly in the eye and demanding justice so to speak or being very assertive should not take that as a negative and become either ineffective in their decision, their analysis of the answer, a bias and try to take it as a characteristic that they need to be patient with and considerate of. Sometimes there'll be questions that will go to cultural aspect and belief of the defendant that they are reluctant to answer or explain the meaning of. Let's say they have a deep spiritual belief in something and . . . in the American culture it may not be something as important to the Native thinker and practitioner and is unable to either answer or can't answer in fact. Many of our languages, Pueblo languages especially have their own unique aspects and differences . . . many people describe them as softly spoken languages. You can be forceful in a Native language but it sometimes doesn't carry the same weight that English does. So what does that mean for a client who might respond in English but . . . he's using it in the way he's used to using his own Native language. It might mean for example a person speaks softly in English when the expectation from the other side of the table so to speak is, well how come this person isn't responding forcefully. Does it mean he doesn't care. . . or maybe he's not intelligent enough to understand what's going on here. . . . Their outward demeanor and how they carry themselves when they're speaking or speaking to people in authority positions may be very different. You know the direct eye contact is one that has been mentioned before. Your tone of voice is another one. How you answer and carry yourself even physically could be misinterpreted as someone who either doesn't care or doesn't appreciate the seriousness of a court preceding. All of these things are often times part of people's body language and that may be very different for a Native people. But for Native Americans, especially Native peoples here in New Mexico, it really is important people understand those basic differences. Navajo Cultural Traits If a Navajo person is looking downwards and not looking at the person who is talking to him or her. The person is concentrating and listening. It is a showing of respect for an authority and remorse for any type of wrongdoing. A Navajo person will often speak softly to show kindness and respect. When there is complexity and uncertainty a Navajo person may not attempt to explain situations and behaviors. Court procedures, justice system, terminology are complicated and uncertain so the person will provide very limited explanations. Older Navajo people dress very conservatively. A man, especially, may wear a head band. It shows respect for authority. However, in the society today, a young Navajo man who is obviously anti-social and disobedient may wear a head band and in this incident the young man is not respectful of others and authority. Navajo people wear turquoise jewelry in public or formal places and for most Navajo people a courthouse is a formal place. It is like a man wearing a suit and tie or woman wearing a formal outfit. Older Navajo people will ask their children and relatives for help in decision-making on how to address a situation. Older Navajo people often tell long stories about events and situations when they are asked to explain things. Are there any specific topics that Natie People may find more difficult than non-Navajo to discuss in public? Some topics that arise in court situations may be more difficult to discuss in public for Native peoples than for non-Natives. . . . specific topics that Native people find more difficult than non-Natives to discuss in public. . . . Sex and sexual situations, religious and ceremonial issues, death and murder, family relationships, kinships and complexities and these aren't just a matter of being shy. It's not a matter of being demure. These can range from things that are taboo, to confidential, to inappropriate outside of the community. So it's not a matter of cajoling the person to say the word or the body part. . . . It might really be a cultural rule that these things shouldn't be spoken about. Some of the things . . . we find relevant in all of our languages are . . . serious things like death. How you talk about death. How you talk about things like murder. Those might be some very serious areas in addition to things related to our own ceremonial life in communities. I've heard people try to explain away, oh Pueblo people are very secretive people, well it's not being secret for secret's sake. There's a reason why for example certain knowledge is not available to everyone in a community, cultural knowledge. There's a reason why certain genders will have some cultural knowledge and another gender might not. And all of this is part of the cultural, social/cultural society that Pueblo people come from. So that translates often into not sharing that information to the public . . . . So when people are asked about, pointedly about certain things that deal with cultural traditions, they might not be ready and reticent to share that information and so here again, I think it falls on the responsibility of the people who are involved with these court proceedings to at least have some background knowledge about who these clients are.	__label__cc	0.489434
Case Style: The People v. Raul Pedroza Case Number: B247666 Court: California Court of Appeal, Second Appellate District, Division Eight on appeal from the Superior Court, Los Angeles County Plaintiff's Attorney: Jackie Lacey, District Attorney, Phyllis Asayama and Ann H. Park, Deputy District Attorneys, for Plaintiff and Appellant. Defendant's Attorney: Law Offices of Pritz & Associates and Danalynn Pritz, under appointment by the Court of Appeal, for Defendant and Respondent. Description: In November 1998, Donald Schubert was murdered. In April 2012, a jury convicted defendant Raul Pedroza of the first degree murder of Schubert and conspiracy to commit the murder. The jury also found true gang enhancement allegations. The prosecution’s case against defendant relied in large part on the testimony of an accomplice. Following the guilty verdict, the trial court granted defendant’s motion for a new trial, explaining the evidence corroborating the testimony of the accomplice was insufficient. Subsequently, the trial court granted defendant’s motion for dismissal, concluding double jeopardy barred retrial. On appeal, the People contend the trial court erred in concluding the evidence corroborating the accomplice’s testimony was insufficient, and accordingly the trial court erred in granting the new trial motion. The People further contend the trial court erred in dismissing the case; the People assert the court reweighed the evidence and granted the motion for new trial under Penal Code section 1181, rather than issuing an acquittal, thus double jeopardy did not bar retrial.1 We affirm the trial court orders. FACTUAL AND PROCEDURAL BACKGROUND I. Prosecution Evidence A. Non-accomplice testimony On the evening before Thanksgiving in November 1998, Margaret O. was at her apartment in Rosemead with her boyfriend, Donald Schubert, and other family members, including her daughter, Raquel S. Some time after 10:00 or 10:30 p.m., there was a knock on the door. After Raquel was unable to see anyone through the peephole, Schubert opened the door. Schubert stepped outside and spoke with someone. A minute or two later, Schubert reentered the apartment with Daniel Ahumada. Ahumada waited while Schubert put on a shirt, socks, and shoes, then the two men left. Neither Margaret nor Raquel saw any weapons on Ahumada. After the two men left, Margaret and Raquel 1 All further statutory references are to the Penal Code. heard multiple gunshots.2 Margaret and Raquel looked out a bedroom window. They saw one or two people running up a dirt hill to a brick wall, but could not recognize them. Margaret and Raquel then left the apartment and found Schubert’s body lying in a carport area. Schubert had suffered “multiple injuries.” According to a police officer who responded to a 10:50 p.m. radio call to report to the scene, the top portion of Schubert’s skull was missing; blood and brain matter could be seen behind his head. At some point that same night, after 11:00 p.m., Lisa G. heard loud banging noises from the garage at her townhome in Ontario. Lisa lived with Joseph Garivay, who later became her husband. Garivay, defendant, and Ahumada were all members of the Las Lomas gang. When Lisa heard the banging noises, she realized Garivay was not in bed next to her. At some point between 2:00 and 3:00 a.m., Lisa went downstairs to the garage. She heard men talking. When she entered the garage she saw Garivay, defendant, Ahumada, and another Las Lomas gang member, Javier Renteria. The men were drinking and the conversation seemed “upbeat.” Lisa did not see any weapons in the garage. Later that day, Lisa gave Ahumada a ride to West Covina. Ahumada had something with him that looked like a gun. Lisa heard Ahumada talking on his cell phone during the ride. Ahumada said something to the effect of: “I remember blasting him and seeing beer come of out of his stomach,” and that he had blasted “Pato,” Schubert’s gang moniker. According to a gang expert, Schubert was also a member of the Las Lomas gang. The gang had over 400 members. In the late 1990s, there were frequent “in-house murders” in the Las Lomas gang, in which a gang member would murder another member of the gang. B. Accomplice Testimony Ahumada testified at trial. He, defendant, Schubert, Garivay, and Renteria were all members of the Las Lomas gang. According to Ahumada, the night before Thanksgiving in November 1998, he was selling rock cocaine at the apartment complex where Schubert 2 Margaret heard five gunshots; Raquel heard two or three. lived. He encountered defendant and Garivay and spoke with them. Garivay asked Ahumada to go to Schubert’s house and call him outside. Garivay said Schubert owed him money and he wanted to be repaid but Schubert had been avoiding him. Ahumada agreed to bring Schubert outside. Garivay told Ahumada to tell Schubert that Ahumada needed help with his car. Ahumada went to Schubert’s apartment and knocked on the door. Schubert’s girlfriend’s daughter opened the door; Ahumada asked for Schubert. When Schubert came to the door, Ahumada asked for help with his car. Schubert put on his shoes and left the apartment with Ahumada. Ahumada led Schubert to the carport area. As they were walking, Ahumada heard two shots. Ahumada crouched and ran. When he looked over his shoulder he saw defendant standing with a revolver pointed toward Schubert. Garivay walked to Schubert and shot him twice more with a shotgun. Garivay yelled, “Let’s go.” The three men ran up a nearby hill and jumped over a wall. A car was waiting. Renteria was in the driver’s seat. The men drove to Garivay’s house, which was around 20 minutes away. Ahumada testified he stayed at the house for two days. He denied having a cell phone conversation while Lisa drove him “home,” and denied saying that he shot or killed Schubert, or that he saw beer coming out of him. Ahumada denied having a gun with him; instead he testified defendant and Renteria left the Garivay house with guns. At the time of trial, Ahumada was serving a 15-years-to-life sentence. He had pleaded guilty and was convicted as an aider and abettor in the murder. II. Defense Evidence On cross-examination, Lisa testified she went to bed around 11:00 p.m. the night before Thanksgiving, and Garivay was in bed with her. She testified that between 10:00 p.m. and 11:00 p.m. that night, Garivay was with her in Ontario. She also testified she was awakened by a noise between 2:00 and 3:00 a.m. the next morning, but she did not get out of bed immediately; she returned to sleep and, only hours later, went downstairs and saw the group of men. She admitted she had previously testified that between 2:00 and 3:00 a.m. she heard a telephone call and a loud knocking noise, then Garivay went downstairs; she did not go downstairs until several hours later. She also admitted that she told police in an interview that she first went downstairs sometime between 7:00 a.m. and noon. Lisa admitted that at 2:00 or 3:00 a.m., when she heard the banging noise, she did not know who was in the house. She also testified that Ahumada did not stay at her house for two days; instead she drove him to West Covina the morning of Thanksgiving. On cross-examination, Ahumada admitted that two years before the murder, he and Schubert had a fistfight. Ahumada asserted the dispute was between Schubert and Ahumada’s “homeboy”; Ahumada stepped into the dispute on his friend’s behalf and Schubert punched him. Police recovered shoe prints from the hill near the apartment complex where Schubert was killed. None of the prints matched two pairs of shoes taken from defendant’s home. III. Relevant Procedural History After the prosecution rested its case, defendant moved for acquittal pursuant to section 1118.1. Defendant argued there was no evidence connecting him to the conspiracy, or of him participating in a homicide, or possessing a firearm, unless one believed Ahumada. Defendant then argued Ahumada’s accomplice testimony had to be corroborated, and it had not been. The trial court denied the motion. The jury found defendant guilty of first degree murder (§ 187, subd. (a)) and conspiracy to commit murder (§ 182, subd. (a)(1)). With respect to both crimes, the jury found true allegations that a principal personally used and discharged a firearm and gang enhancements. (§ 12022.53, subds. (b), (c), (d), (e)(1); § 186.22, subd. (b)(1).) The jury found defendant not guilty of possession of a firearm by a felon. Defendant moved for a new trial, citing section 1181 as authority. In the motion, defendant argued there was insufficient evidence to corroborate Ahumada’s testimony, and, excluding Ahumada’s testimony, the evidence was insufficient to establish defendant’s participation in Schubert’s murder. The People opposed the motion, arguing there was legally sufficient corroboration of Ahumada’s testimony. In reply, defendant again argued there was no legally sufficient corroboration of Ahumada’s testimony, thus a new trial was required; defendant also urged the court had the discretion to independently reweigh the credibility of trial witnesses, and Ahumada’s testimony could not be believed. The court granted the motion for a new trial, noting: “I have never granted a motion for new trial in 24 years on the bench. However, I do feel that in looking at everything, that the corroboration was insufficient.” The court set a date for the parties to return to court. Defendant then filed a motion to dismiss the case based on double jeopardy. Defendant argued that since the trial court ruled the evidence at the first trial was insufficient as a matter of law to corroborate Ahumada’s testimony, under Hudson v. Louisiana (1981) 450 U.S. 40 (Hudson), and related cases, double jeopardy barred retrial. The People responded that the court could not acquit defendant pursuant to section 1181. Instead, the People asserted the court sat as a thirteenth juror when ruling on the new trial motion, and, as a result, retrial was permitted. The trial court granted the motion to dismiss. The court explained: “[I]n this case I do feel there was insufficient corroboration as a matter of law. [¶] The court did not make its ruling setting it as the 13th juror. I think the United States Supreme Court case, Hudson v. Louisiana . . . is absolutely on point. And therefore, I do feel that a retrial on this case is barred by the double jeopardy provisions of the United States Constitution, and this case is dismissed.” The People timely appealed. On appeal, the People contend the trial court erred as a matter of law in concluding there was no legally sufficient evidence to corroborate Ahumada’s testimony. The People further contend the trial court erred in dismissing the case on double jeopardy grounds. The People assert double jeopardy bars retrial only when there is a trial court ruling constituting an acquittal, and here the trial court granted the motion for a new trial after reweighing the evidence as the 13th juror. Defendant counters that both the dismissal order and the order granting a new trial constituted acquittals for double jeopardy purposes, thus neither order is appealable. We conclude that although both orders may be reviewed on appeal, the trial court did not err in granting the motion for new trial or in dismissing the case. I. The Trial Court Rulings Were Acquittals We first consider the proper characterization of the trial court orders. The People argue the trial court erroneously granted the motion for new trial after reweighing the evidence under section 1181, subdivision (6) (section 1181(6)), and the court erred again in dismissing the case because the grant of a motion for a new trial under section 1181(6) was not an acquittal for double jeopardy purposes, and retrial was not barred. Defendant argues both the order granting a new trial and the order dismissing the case were acquittals for double jeopardy purposes. Defendant further asserts that, erroneous or not, these orders cannot be reviewed on appeal because reversal would lead to an impermissible second trial. We conclude the trial court ruled there was insufficient evidence as a matter of law, and this ruling constituted an acquittal. However, we also conclude in the next section that because the acquittal occurred after the jury rendered a guilty verdict, the dismissal order is appealable. Summary of Relevant Facts As detailed above, defendant’s motion for a new trial invoked section 1181(6) and sought a new trial on the ground there was insufficient corroboration of Ahumada’s testimony.3 The trial court granted the motion, finding the “corroboration was insufficient.” Subsequently, defendant filed a motion to dismiss the case on double jeopardy grounds, citing Hudson, supra, 450 U.S. 40. The People opposed the motion, arguing the trial court’s finding of insufficient evidence related to the standard required for section 1181, thus the court had made no findings requiring dismissal. At the hearing on the motion, the court explicitly stated it had not made its ruling granting a new trial as 3 Under section 1181, subdivision (6), “[w]hen a verdict has been rendered . . . against the defendant, the court may, upon [defendant’s] application, grant a new trial . . . [w]hen the verdict or finding is contrary to law or evidence [.]” a 13th juror, and further stated it found there was insufficient corroboration as a matter of law. Relevant Legal Principles To guide our analysis, we review two post-trial mechanisms for a trial court to reject a jury verdict, and the Constitutional principles set forth in Hudson, which the trial court cited as a basis for its decision. The defendant’s new trial motion invoked section 1181(6) which provides that after a verdict against the defendant, the trial court may grant a new trial when the verdict is contrary to law or evidence. In Porter v. Superior Court (2009) 47 Cal.4th 125, 133 (Porter), the California Supreme Court explained the trial court’s role when ruling on a motion for new trial under section 1181(6): “The court extends no evidentiary deference in ruling on an 1181(6) motion for new trial. Instead, it independently examines all the evidence to determine whether it is sufficient to prove each required element beyond a reasonable doubt to the judge, who sits, in effect, as a ‘13th juror.’ [Citations.] If the court is not convinced that the charges have been proven beyond a reasonable doubt, it may rule that the jury’s verdict is ‘contrary to the . . . evidence.’ (§ 1181(6); [Citation].) In doing so, the judge acts as a 13th juror who is a ‘holdout’ for acquittal. Thus, the grant of a section 1181(6) motion is the equivalent of a mistrial caused by a hung jury. [Citation.] We have repeatedly held that an order granting a new trial under section 1181(6) is not an acquittal and does not bar retrial on double jeopardy grounds. [Citations.] [¶] Significantly, a court has no authority to grant an acquittal in connection with an 1181 motion.” (Porter, at p. 133.) With respect to post-verdict judicial dismissals, under section 1385, a trial court may dismiss a case for insufficient evidence as a matter of law, after submission of the case to the jury.4 Unlike a finding of insufficient evidence that allows a court to grant a 4 Section 1385, subdivision (a) provides: “The judge . . . may, either of his or her own motion or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed. The reasons for the dismissal must be set forth in an order entered upon the minutes.” new trial under section 1181(6), a finding of insufficient evidence as a matter of law precludes retrial. As explained in People v. Hatch (2000) 22 Cal.4th 260, 268-271 (Hatch), “the United States Supreme Court [has] held that the Fifth Amendment precludes retrial if a court determines the evidence at trial was insufficient to support a conviction as a matter of law. (Burks v. United States (1978) 437 U.S. 1, 18 [(Burks)].) Thus, an appellate ruling of legal insufficiency is functionally equivalent to an acquittal and precludes a retrial. (See id. at pp. 16-17.) An analogous trial court finding is also an acquittal for double jeopardy purposes. [Citations.] Where a court merely ‘disagrees with a jury's resolution of conflicting evidence and concludes that a guilty verdict is against the weight of the evidence,’ however, a reversal or dismissal on that ground does not bar retrial.” (Hatch, at pp. 271-272.) The same principles apply under the California Constitution. (Id. at p. 272.) Although a trial court is authorized under section 1385 to dismiss a case for insufficient evidence as a matter of law after the case is submitted to the jury, “we will not construe [a trial court’s] dismissal as an acquittal for double jeopardy purposes absent clear evidence the court intended to exercise this power.” (Hatch, at p. 271.) For a trial court dismissal to be construed as an acquittal, “the record must show that the court viewed the evidence in the light most favorable to the prosecution and concluded that no reasonable trier of fact could find guilt beyond a reasonable doubt. [Citation.] Absent such a showing, we will assume the court did not intend to dismiss for legal insufficiency and foreclose reprosecution.” (Hatch, at p. 273.) However, in setting these guidelines, the Hatch court explained it did not “intend to impose rigid limitations on the language trial courts may use to dismiss for legal insufficiency of the evidence pursuant to section 1385. Certainly, courts need not restate the substantial evidence standard or use certain ‘magic words’ whenever they determine that the evidence is insufficient as a matter of law. We merely ask trial courts to make their rulings clear enough for reviewing courts to confidently conclude they viewed the evidence in the light most favorable to the prosecution and found that no reasonable trier of fact could convict.” (Hatch, at p. 273.) Irrespective of statutory labels, double jeopardy principles may apply and bar a retrial when the trial court finds there was insufficient evidence as a matter of law. (Hatch, at pp. 270-271.) For example, in Hudson, a Louisiana jury found the defendant guilty of first degree murder. The defendant moved for a new trial, which was the only way of challenging the sufficiency of the evidence in that state. (Hudson, supra, 450 U.S. at p. 41.) The trial court granted the motion, stating it was convinced there was no evidence, and certainly no evidence beyond a reasonable doubt, to sustain the guilty verdict. (Ibid.) Following the second trial, the defendant filed a writ of habeas corpus, contending the double jeopardy clause barred the second trial since the first trial court had found the evidence legally insufficient. (Id. at p. 42.) The Supreme Court agreed. Although the trial court granted a new trial, the court concluded the record made clear the judge granted the motion on the ground that the evidence was legally insufficient. The court rejected the State’s argument that the trial court granted a new trial only because it personally doubted the verdict: “The trial judge granted the new trial because the State had failed to prove its case as a matter of law, not merely because he, as a ‘13th juror,’ would have decided it differently from the other 12 jurors. Accordingly, there are no significant facts which distinguish this case from Burks [v. United States, supra, 437 U.S. 1], and the Double Jeopardy Clause barred the State from prosecuting petitioner a second time.” (Hudson, at pp. 44-45, fns. omitted.) In Burks, supra, 437 U.S. 1, the court held that when either a trial court or a reviewing court determines the evidence offered at trial was legally insufficient to support a conviction, the double jeopardy clause bars retrial, even if the defendant has sought a new trial as a remedy. (Id. at p. 17.) While the court distinguished a reversal for trial error which “does not constitute a decision to the effect that the government has failed to prove its case,” and therefore does not prevent a new trial, “[t]he same cannot be said when a defendant’s conviction has been overturned due to a failure of proof at trial, in which case the prosecution cannot complain of prejudice, for it has been given one fair opportunity to offer whatever proof it could assemble.” (Id. at pp. 15-16, fn. omitted.) In light of the proceedings, we cannot accept the People’s argument that the court granted the motion for a new trial based on a reweighing of the evidence as a 13th juror. Although the court did not invoke section 1385, and defendant instead referred to section 1181(6) as the basis for his motion for a new trial, the record here is not otherwise ambiguous. At the hearing on the dismissal motion, the court explicitly stated it found insufficient evidence as a matter of law, and further stated it did not make its ruling as a 13th juror. The court also cited Hudson as authority for the dismissal. Moreover, although the court issued two rulings—one granting the motion for new trial, and one dismissing the case—it is apparent that the court considered the new trial order to be an acquittal and the dismissal order flowed from the new trial order. In ruling on the motion to dismiss, the trial court clarified that the order granting the motion for new trial was based on legally insufficient evidence. As such, retrial was barred, and the order granting a new trial could have no effect. People v. Salgado (2001) 88 Cal.App.4th 5 (Salgado) is instructive. In Salgado, the trial court sua sponte granted a motion for new trial on one count, then immediately dismissed the count. (Id. at p. 8.) The People appealed both orders, arguing the court exceeded its authority in granting a new trial, and that granting a new trial and dismissing the count were inconsistent rulings. While the appellate court agreed the trial court did not have authority to sua sponte grant a new trial, it concluded the error did not invalidate the contemporaneous dismissal of the count. (Id. at p. 9.) The court reasoned that although the trial court’s order indicated it was acting under section 1181(6), the record established that all the conditions of a section 1385 dismissal were satisfied. (Ibid.) In addition, “[i]f the dismissal is correct upon any legal theory applicable to the case, it will be upheld on appeal regardless of the court’s stated explanation of the ruling. [Citation.] Also, a defect in the form of the motion should not be construed to undermine the trial court’s duty to protect the fundamental rights of the accused. [Citations.] Despite its deficient form, the dismissal of the carjacking count was consistent with this constitutional duty.” (Id. at pp. 9-10.) The Salgado court explained the record showed the trial court dismissed the count based on a conclusion that there was insufficient evidence to support the conviction as a matter of law, and it was clear the court applied the proper substantial evidence test, viewed the evidence in the light most favorable to the prosecution, and concluded no reasonable trier of fact could convict. The supporting evidence included the trial court’s statements that there was “insufficient evidence to support a conviction,” and that “ ‘there simply is not legally sufficient evidence to support a conviction for the carjacking . . . .’ ” (Id. at p. 10.) Similarly, in this case the record shows the trial court dismissed the case based on a conclusion that there was legally insufficient evidence to support a conviction, given the absence of legally sufficient corroboration of accomplice testimony. Although defendant initially moved for a new trial and the court granted that motion, the record establishes that dismissal, rather than the grant of a new trial, was the proper remedy flowing from the trial court’s ruling, and the court eventually dismissed the case in response to defendant’s motion.5 Citing Hatch, the People assert the record does not clearly indicate the trial court “viewed the evidence in the light most favorable to the prosecution and concluded that no reasonable trier of fact could find guilt beyond a reasonable doubt,” thus we may not find the court dismissed the case for insufficient evidence as a matter of law under section 1385. (Hatch, at p. 273.) We disagree. As the Hatch court explained, the trial court need not explicitly state the relevant standard. Here, the trial court’s statements that it concluded the evidence was insufficient as a matter of law, and that there was insufficient corroboration of Ahumada’s testimony, clearly indicate the trial court both granted a new trial and subsequently dismissed the case because it determined there was insufficient evidence as a matter of law. 5 In People v. Watkins (2012) 55 Cal.4th 999, 1019, footnote 11, the court noted: “We have . . . clarified that a defendant seeking to challenge the legal sufficiency of the evidence in the trial court after the case has been submitted to the jury should not move for a new trial under section 1181, subdivision 6, but should instead invite the court’s dismissal under section 1385.” (See People v. Johnston (2003) 113 Cal.App.4th 1299, 1308-1310 [reviewing court analyzes trial court’s statements and order to determine if court was reweighing evidence or ruling as a matter of law].) Nothing in the record gives us reason to ignore or discredit the trial court’s statement: “The court did not make its ruling setting it as the 13th juror.” We must construe the trial court’s orders as an acquittal. II. The Dismissal Order is Reviewable on Appeal We now address defendant’s contention that the trial court’s dismissal order is not appealable. Under section 1238, the People may appeal an order granting a new trial, as well as an “an order or judgment dismissing or otherwise terminating all or any portion of the action including such an order or judgment after a verdict or finding of guilty.” (§ 1238, subds. (a)(3), (a)(8).) However, defendant contends double jeopardy barred any retrial, and therefore also barred the appeal in this case. Because the court dismissed the case after the jury rendered a guilty verdict, we conclude the court’s dismissal order is reviewable on appeal. In Evans v. Michigan (2013) --- U.S.--, 133 S.Ct. 1069 (Evans), the United States Supreme Court recently explained the principles regarding double jeopardy after a court-ordered acquittal: “[T]he Double Jeopardy Clause bars retrial following a court-decreed acquittal, even if the acquittal is ‘based upon an egregiously erroneous foundation.’ [Citation.] A mistaken acquittal is an acquittal nonetheless, and we have long held that ‘[a] verdict of acquittal … could not be reviewed, on error or otherwise, without putting [a defendant] twice in jeopardy, and thereby violating the Constitution.’ [Citation.] . . . [O]ur cases have defined an acquittal to encompass any ruling that the prosecution’s proof is insufficient to establish criminal liability for an offense. [Citations.] Thus an ‘acquittal’ includes ‘a ruling by the court that the evidence is insufficient to convict,’ . . . and any other ‘rulin[g] which relate[s] to the ultimate question of guilt or innocence.’ [Citation.]” (Evans, at pp. 1074-1075, citing Fong Foo v. United States (1962) 369 U.S. 141, United States v. Ball (1896) 163 U.S. 662, Smith v. Massachusetts (2005) 543 U.S. 462, Sanabria v. United States (1978) 437 U.S. 54; United States v. Scott (1978) 437 U.S. 82.) Defendant relies on this language and that of similar cases to contend the rulings the People challenge may not be reviewed on appeal. However, in Evans, the court was concerned with a midtrial acquittal. (Evans, at p. 1073.) The court in fact noted that some jurisdictions avoid the problem of unreviewable but legally erroneous preverdict acquittals because they “allow or encourage their courts to defer consideration of a motion to acquit until after the jury returns a verdict, which mitigates double jeopardy concerns.” (Id. at p. 1081, fn. omitted.) In the accompanying footnote, the court elaborated: “If a court grants a motion to acquit after the jury has convicted, there is no double jeopardy barrier to an appeal by the government from the court’s acquittal, because reversal would result in reinstatement of the jury verdict of guilt, not a new trial.” (Id. at p. 1081, fn. 9.) This reasoning is consistent with Salgado. In Salgado, a jury convicted the defendant of carjacking and assault with a firearm. The trial court sua sponte granted a new trial of the carjacking count, then dismissed the count after finding the evidence was legally insufficient to support the verdict. (Salgado, supra, Cal.App.4th at p. 8.) The People appealed the new trial and dismissal orders. The Salgado court considered whether the dismissal order was appealable. The court explained that section 1238, subdivision (a)(8) provides express statutory authority for a People’s appeal of a dismissal order following a guilty verdict. (Salgado, at pp. 11-12.) The Salgado court further concluded that since a successful appeal would not require retrial, the double jeopardy clause would not bar an appeal of the order. The court explained: “The purpose of the double jeopardy clause . . . is not undermined when the jury reaches a guilty verdict before the trial court acts. Even if it is the functional equivalent of an acquittal, appellate review of a dismissal for legal insufficiency will not result in another trial. Where the jury convicts and the court then ‘acquits,’ an error in the court’s ruling can be corrected by restoring the jury verdict and entering judgment accordingly.” (Id. at p. 13.) The court noted “[t]he distinction between preverdict and postverdict action by the trial court is established in federal case law and recognized in state cases,” citing cases such as United States v. Wilson (1975) 420 U.S. 332, 345, United States v. Martin Linen Supply Co. (1977) 430 U.S. 564, 569-570, and People v. Cartwright (1979) 98 Cal.App.3d 369. (Salgado, at pp. 13-15.) Defendant contends Salgado is inapposite because in Salgado there was no motion for a new trial, but here, if the People successfully appealed the dismissal order, the order granting a new trial would still stand, resulting in a second trial for defendant. We are not persuaded. As explained above, we have concluded the trial court’s order granting a new trial was an acquittal for double jeopardy purposes. The trial court did not engage in a two-step process in which it first granted the section 1181(6) motion after “13th juror” analysis, or based on other grounds (not an acquittal), then separately concluded there was insufficient evidence as a matter of law and dismissal was required (an acquittal).6 Thus, this case does not present the possibility that we might reverse the order dismissing the case, but affirm the order granting a new trial, creating the potential for a post-acquittal new trial on remand.7 Under the circumstances of this case, if we reverse the dismissal order, the same reasoning would apply to require reversal of the new trial order. We find the reasoning of Salgado and Evans equally applicable to this case. The trial court’s dismissal occurred after the jury’s guilty verdict. If we were to find error and reverse the trial court’s rulings dismissing the case, we would order the reinstatement of the jury verdict of guilt, not a new trial. Double jeopardy principles do not bar appellate review of the dismissal order or the new trial order. (See also People v. 6 If we accepted the People’s argument that a) the new trial order was a section 1181(6)-based insufficiency of the evidence ruling and was not a legal acquittal; and b) the trial court then erroneously dismissed the case because double jeopardy principles did not bar retrial after the grant of a section 1181(6) motion, there would be no acquittal, and no bar to a new trial on remand. 7 While this appeal was pending, the California Supreme Court considered a related issue in People v. Eroshevich (Nov. 3, 2014, S210545) ___Cal.4th ___, 2014 WL 5510202. In Eroshevich, the court concluded that when the appellate court reverses a post-jury verdict, trial court acquittal, double jeopardy principles do not preclude retrial if, on remand, the trial court grants the defendant’s new trial motion on grounds other than the insufficiency of the evidence. In light of our ultimate resolution of this case, we are not faced with this issue. Johnston, supra, 113 Cal.App.4th at p. 1306; People v. Craney (2002) 96 Cal.App.4th 431, 439-440.) III. The Trial Court Did Not Err in Concluding the Evidence was Insufficient as Matter of Law We turn to the substantive issue—did the trial court err in finding the evidence was insufficient as a matter of law. We conclude it did not. Standard of Review In general, we review a dismissal under section 1385 for an abuse of discretion. (People v. Memro (1995) 11 Cal.4th 786.) Yet, we review the underlying basis for the ruling—the conclusion that section 1111 barred the convictions because accomplice testimony was not corroborated as a matter of law—de novo. (Ibid.) We have concluded the trial court applied the substantial evidence test in dismissing the case for insufficient evidence as a matter of law. The court determined, without weighing the evidence and viewing the evidence in the light most favorable to the judgment, whether there was sufficient evidence to permit a rational jury to convict. (Hatch, supra, 22 Cal.4th at p. 272.) The court’s determination was a legal conclusion, not a factual finding, thus we review the determination de novo. (People v. Rowe (2014) 225 Cal.App.4th 310; People v. Harris (2014) 224 Cal.App.4th 86, 89; People v. Dobkin (1946) 74 Cal.App.2d 269, 272-273 [when on appeal it is argued that conviction was had upon uncorroborated accomplice testimony, it is equivalent to argument that verdict is contrary to law and the evidence, and “ ‘this is always a legal question.’ ”].) The question is whether there was evidence to corroborate Ahumada’s testimony that was legally sufficient. “ ‘ “The trier of fact’s determination on the issue of corroboration is binding on the reviewing court unless the corroborating evidence should not have been admitted or does not reasonably tend to connect the defendant with the commission of the crime.” ’ [Citation.]” (People v. Williams (2013) 56 Cal.4th 630, 678-679 (Williams).) As the trial court was required to do, we make this determination without weighing the evidence and viewing the evidence in the light most favorable to the judgment. Corroboration of Accomplice Testimony Section 1111 provides: “A conviction can not be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense; and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof.” Although corroborating evidence is required, it “ ‘may be slight, entirely circumstantial, and entitled to little consideration when standing alone. [Citations.] It need not be sufficient to establish every element of the charged offense or to establish the precise facts to which the accomplice testified. [Citations.] It is “sufficient if it tends to connect the defendant with the crime in such a way as to satisfy the jury that the accomplice is telling the truth.” [Citation.]’ [Citation.]” (People v. Manibusan (2013) 58 Cal.4th 40, 95.) The corroborating evidence must tend to connect the defendant with the crime, “ ‘ “without aid from the accomplice’s testimony.” ’ ” (Williams, supra, 56 Cal.4th at p. 679.) Here, aside from Ahumada’s testimony, the evidence relating to defendant was: 1) defendant was in the same gang as the victim and Ahumada; 2) the gang—which had over 400 members —was experiencing frequent “in house” murders; and 3) at some time after 11:00 p.m., Lisa heard a banging noise at her house; a few hours later, between 2:00 and 3:00 a.m., she saw defendant in her garage, along with Garivay, Ahumada, and Renteria. This evidence failed to tend to connect defendant to Schubert’s murder, or to a conspiracy to commit murder. The evidence showed defendant belonged to a gang in which unspecified members killed other members, for unspecified reasons, and he was in the company of one admitted perpetrator, Ahumada, at least three hours after the murder took place. Yet “ ‘it is insufficient corroboration merely to connect a defendant with the accomplice or other persons participating in the crime, but evidence independent of the testimony of the accomplice must tend to connect a defendant with the crime itself, and not simply with its perpetrators. It is not with the thief that the connection must be had but with the commission of the crime itself.’ ” (People v. Robinson (1964) 61 Cal.2d 373, 400, fn. omitted.) The non-accomplice testimony in this case established only that defendant had a general connection to the victim and other perpetrators—shared gang membership—and he was seen associating with the other perpetrators after the murder, away from the crime scene. While “[t]he relationship of the men and all of their acts and conduct may be considered in determining whether there are corroborating circumstances[,]” (People v. Henderson (1949) 34 Cal.2d 340, 343), here there was no evidence about defendant’s acts or conduct, except that he was with at least one admitted perpetrator, hours after the crime. (See e.g., People v. Lloyd (1967) 253 Cal.App.2d 236, 241-242 [defendant’s physical presence with narcotic, in the presence of accomplice who was a “narcotic violator” was not sufficient corroboration; proof of mere presence at scene and opportunity to commit offense are not sufficient on their own].) As the People point out, other aspects of Ahumada’s testimony were corroborated by independent evidence. The problem is that none of that evidence tended to connect defendant to the crimes.8 This evidence consisted of Margaret’s and Raquel’s testimony that Ahumada came to the door and Schubert left with him; soon after Schubert left, Margaret and Raquel heard gunshots; Margaret and Raquel saw one or two people running up the nearby hill; Schubert was found in the location Ahumada described; Lisa heard noises consistent with someone entering her home and later saw the group together, talking; and Lisa testified she drove Ahumada to West Covina the day after the murder. This evidence corroborates portions of Ahumada’s account of the murder.9 But the 8 The parties’ arguments on appeal do not distinguish between the evidence needed to corroborate Ahumada’s testimony relevant to the crime of murder, and the evidence needed to corroborate Ahumada’s testimony relevant to the crime of conspiracy to commit murder. Indeed, the People cite People v. Robinson, supra, 61 Cal.2d at page 397, for the proposition that “the test for sufficiency of the corroborating evidence to prove conspiracy in the first instance is no different from that required to prove any other crime.” 9 We note that the independent evidence did not completely corroborate Ahumada’s testimony, and in parts directly contradicted it. For example, Ahumada testified that he, defendant, and Garivay ran up a hill and to a waiting car; Margaret and Raquel testified they saw one or two people running away, not three. Lisa testified on cross-examination that when she first heard noises some time after 11:00p.m., Garivay was with her in bed. standard is that “corroborating evidence is sufficient, if without aid from accomplice testimony, it ‘ “ ‘tends to connect the defendant with the commission of the offense in such a way as reasonably may satisfy a jury that the accomplice is telling the truth.’ ” ’ [Citations.]” (People v. Vu (2006) 143 Cal.App.4th 1009, 1022 (Vu), italics added; but see People v. Martinez , supra, 132 Cal.App.3d 119, 150 (dis. opn. of Staniforth, J. [arguing statute’s legislative purpose would be served by allowing the requisite corroborative evidence to refer to the accomplice’s testimony to be meaningful; “The fact that the accomplice has told the truth about some aspects of the crime is some evidence that he can be believed as to other aspects . . . . especially where . . . the accomplice’s testimony is highly detailed and verified in every respect”].) Without aid from Ahumada’s testimony, none of the above additional corroborating evidence tends to connect defendant with the murder or a conspiracy to murder. Instead, the additional evidence only corroborates that Schubert was shot to death, Ahumada was involved, and after the murder Ahumada and other gang members hung out at the Garivay house. Under section 1111, this is not enough because corroboration “is not sufficient if it merely shows the commission of the offense or the circumstances thereof.” (§ 1111; People v. Martinez, supra, 132 Cal.App.3d at p. 133.) This was inconsistent with Ahumada’s testimony that Garivay was at the apartment complex, shot Schubert, then went with the others to the Garivay house. Ahumada testified he stayed at the Garivay home for two days after the shooting; Lisa testified she drove him to West Covina the day after the murder. Lisa testified she saw Ahumada with a gun; Ahumada denied he left the Garivay house with any kind of firearm. Lisa also testified she heard Ahumada talking on his cell phone during the drive and relating details about the murder; Ahumada denied having any telephone conversation during the drive. There was evidence that Schubert’s body was found on the ground and part of his skull was missing and brain matter could be seen, but no evidence describing the ammunition or firearms that were or might have been used in the shooting, or how many times it appeared Schubert was shot. Ahumada did not testify that defendant or Garivay shot Schubert in any particular body part (i.e., he did not testify defendant or Garivay shot Schubert in the head). Although it is well established that the evidence needed to corroborate an accomplice’s testimony need be only “slight,” and may be circumstantial and entitled to little consideration when considered alone, relevant caselaw does not support the People’s position that the corroborating evidence in this case met even that low standard. For example, in a recent case, Manibusan, the defendant was convicted of murder and attempted robbery. (Manibusan, supra, 58 Cal.4th at pp. 46-47.) Two victims were shot dead and a third was severely injured by a gunshot to the head. (Id. at p. 47.) Defendant argued the trial court erred in failing to give accomplice testimony instructions with respect to two witnesses. Our high court found any error was harmless because there was “ample corroborating evidence” from non-accomplice witnesses. (Id. at p. 96.) This included testimony that in the early morning hours after the crimes, defendant arrived at a witness’s house, he seemed “antsy,” and he placed a gun in the trunk of the witness’s car; the gun was the same type of gun later identified as the murder weapon; later that day the same witness saw the defendant make a gesture indicating he was responsible for the murders; soon after the shootings, a family friend found the defendant together with two other people, including one known accomplice; a search of the family friend’s house a few days later revealed a box of bullets under the couch in the area where the defendant had sat the morning after the shootings; the bullets were of the same caliber as bullets linked to the shootings; the family friends found a torn, black glove in the trash at their house; and police later recovered a matching glove at another witness’s house where the defendant had been staying before the shootings. (Id. at pp. 95-96.) None of this evidence directly implicated the defendant. But it tended to connect him to the crimes. The evidence was not only that the defendant was in the presence of the accomplice soon after the shootings, but also circumstantially linked him to a firearm like the murder weapon and its ammunition. There was also independent evidence about the defendant’s demeanor after the shootings. (See also People v. Hayes (1999) 21 Cal.4th 1211, 1272 [corroborating evidence included non-accomplice testimony that defendant showed unusual interest in the discovery of the victim’s skull].) In this case, there was no similar corroborating evidence. The evidence that defendant was a member of a large gang in which there were in-house killings, and he was seen with the accomplice hours after the murder, did not tend to connect him to the murder in such a way that it could reasonably satisfy the jury that Ahumada was telling the truth about defendant’s involvement in the crimes. In Vu, supra, 143 Cal.App.4th 1009, the independent corroborating evidence established the defendant’s motive, opportunity to commit the crime, and it discredited the defendant’s alibi. (Id. at p. 1022.) The case involved a gang-related shooting. The defendant was a gang member. He was charged with the fatal shooting of a man at a café that was a hangout of the rival gang. (Id. at pp. 1014-1015, 1025.) Although no evidence independent of accomplice testimony placed defendant at the scene of the crime or directly implicated him, there was evidence of motive: a gang member who had been the defendant’s closest friend was killed by the rival gang two years earlier, and there was evidence that gangs typically seek revenge. (See also People v. Bunyard (1988) 45 Cal.3d 1189, 1206 [non-accomplice evidence that defendant had repeatedly offered to pay another person to kill his wife corroborated accomplice’s testimony that defendant solicited him to kill his wife].) A non-accomplice witness saw the defendant with other gang members before the murders; the witness also saw a car at the same location that was of the same make, color, and model as a car found at the crime scene. (Vu, at pp. 1014-1016, 1019, 1022.) In addition, a non-accomplice witness’s testimony and cell phone records contradicted the defendant’s statements to police about where he had been at the time of the shootings. (Id. at pp. 1022-1023.) The court concluded this evidence was sufficient to corroborate accomplice testimony inculpating the defendant. In contrast, here there was no analogous evidence indicating defendant had a motive to murder Schubert. While in Vu there was evidence that the defendant’s gang was looking to retaliate against a rival gang, and the gang member who had been killed was the defendant’s closest friend, in this case there was only evidence that in the over 400-person gang, there were frequent in-house gang murders. This evidence did not establish or even tend to establish that defendant had a motive to kill Schubert or to conspire to kill him. Indeed, other than the fact of shared gang membership, there was no evidence whatsoever regarding any relationship between defendant and Schubert. Similarly, there was no independent evidence regarding defendant’s whereabouts before or during the time of the shooting that would indicate he had the opportunity to commit the murder or participate in a conspiracy. People v. Szeto (1981) 29 Cal.3d 20 (Szeto), upon which the Vu court relied, is similarly illustrative in contrast. Szeto also involved a gang-related crime. An accomplice testified that he and other perpetrators opened fire on patrons in a crowded restaurant, killing and wounding several people. (Id. at p. 26.) According to the accomplice, after the shooting, he and the other gang members went to the house of an uninvolved couple. The next morning, the defendant brought the gang members food. After others sawed up the guns used in the shooting, the defendant put them in his car, he and the accomplice drove to a specific location, and the defendant dumped the guns into the San Francisco bay. The defendant told the accomplice he was familiar with the area where they would dispose of the weapons because he had worked at a nearby restaurant. (Id. at pp. 27-28.) On appeal, the defendant asserted the accomplice’s testimony was not sufficiently corroborated. The court found the following independent corroborating evidence was sufficient: the defendant was a member of the same gang as the killers; for several years the defendant’s gang had an active rivalry with another gang; the rivalry had led to 50 murders and assaults and further retaliation; two months before the shooting, a member of the defendant’s gang was killed in a battle between the two gangs; the defendant attended the funeral of the slain gang member; thus the defendant had a motive to help his fellow gang members gain revenge upon the rival gang; one independent witness testified the defendant brought food to the house the morning after the shooting; another independent witness testified someone resembling the defendant brought food; defendant had been employed at the restaurant the defendant mentioned to the accomplice; the homeowner testified there were guns in a closet in his house the night before the shooting but they were gone the following evening. (Szeto, at pp. 28-29.) The Szeto court concluded this independent evidence reasonably tended to connect the defendant with the crimes. Although Szeto, like this case, involved gangs and a gang-related crime, there is a significant difference. In Szeto, there was evidence of a specific gang-related motive that served to corroborate the accomplice’s testimony about the defendant’s involvement in the crime. In contrast, in this case the independent gang evidence failed to suggest defendant had a motive to kill Schubert—all of the parties involved were members of the same over 400-person gang, and the gang frequently experienced “in house” murders. Unlike evidence of a gang-related motive, such as the gang rivalries and motives for revenge present in Szeto and Vu, the evidence here did not reasonably tend to connect defendant to the murder of Schubert, or the conspiracy to murder. Without any more evidence regarding the intra-gang killings, that such killings often occurred does not reasonably suggest a motive for the Schubert killing, and does not suggest that defendant in particular had a motive to participate in the Schubert killing. Further, in Szeto, besides the evidence showing the defendant associated with the perpetrators after the crime, non-accomplice evidence corroborated the accomplice’s testimony that the defendant was familiar with the location where they disposed of the crime weapons because he had worked at a nearby restaurant, and the weapons were found in that location. (Szeto, at pp. 27-28.) Independent evidence that corroborates portions of the accomplice’s testimony, but which does not tend to connect the defendant to the crime, is not enough by itself to constitute sufficient corroboration under section 1111. As explained in People v. Tewksbury (1976) 15 Cal.3d 953 (Tewksbury), “[a]ccomplice testimony is suspect because, like hearsay, it too may be unreliable. ‘[E]xperience has shown that the evidence of an accomplice should be viewed with care, caution and suspicion because it comes from a tainted source and is often given in the hope or expectation of leniency or immunity.’ [Citations.] In addition to being derived from a suspect source accomplice testimony is frequently cloaked with a plausibility which may interfere with the jury’s ability to evaluate its credibility. ‘ “[A]n accomplice is not merely a witness with a possible motive to tell lies about an innocent accused but is such a witness peculiarly equipped, by reason of his inside knowledge of the crime, to convince the unwary that his lies are the truth.” ’ [Citations.]” (Tewksbury, at p. 967; see also In re Christopher B. (2007) 156 Cal.App.4th 1557, 1561 [accomplice testimony “frequently is cloaked with plausibility because the accomplice has firsthand knowledge of the facts of the crime and can weave a convincing story.”].) For these reasons, and as prescribed by section 1111, to be sufficient, evidence corroborating the accomplice’s testimony must tend to connect the defendant to the crime. Evidence that merely corroborates that the accomplice is telling the truth that a crime happened, or that the accomplice knows details of the crime unconnected to the defendant, would do little to mitigate the distrust such testimony warrants because of the accomplice’s motivation to inculpate another person. (In re Miguel L. (1982) 32 Cal.3d 100, 108 [accomplice has strong motive to fabricate testimony which incriminates innocent persons or transfers responsibility for crime to others and minimizes his participation in the offense]; Vu, supra, 143 Cal.App.4th at p. 1023 [accomplice testimony is viewed with caution and suspicion because it comes from a tainted source; accomplice may have testified in the hope or expectation of leniency].) In Tewksbury, the court explained that the People may “vest the witness’s testimony with reliability” by producing corroboration. The evidence may prove “factual matters which fall far short of establishing corroboration beyond a reasonable doubt,” and “ ‘may be slight and entitled to little consideration when standing alone,’ ” but it “must connect the accused with the commission of the crime charged.” (Tewksbury, at pp. 968-969.) “Such independent evidence ‘ “need not corroborate the accomplice as to every fact to which he testifies but is sufficient if it does not require interpretation and direction from the testimony of the accomplice yet tends to connect the defendant with the commission of the offense in such a way as reasonably may satisfy a jury that the accomplice is telling the truth . . . .” [Citations.]’ [Citations.]” (People v. Davis (2005) 36 Cal.4th 510, 543, italics in original.) As the statute itself explicitly states: “ ‘[T]he corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof.’ ”10 Thus, even in cases where the reviewing court has included in a recitation of corroborating evidence testimony that relates only to details or the circumstances of the crime, courts have found such evidence sufficient in addition to other evidence tending to connect the defendant to the crime. For example, in People v. Henderson, supra, 34 Cal.2d 340, the court found there was sufficient evidence to corroborate the testimony of an accomplice in a case arising out of an attempted robbery. (Id. at p. 342.) The court identified non-accomplice evidence corroborating the accomplice’s testimony regarding the number, color, and type of guns he and the defendant used, and the color and design of the stocking caps they wore over their faces. These details concerned the circumstances of the crime and not the defendant. However, the court also identified evidence that the accomplice and the defendant were together most of the day before the attempted robbery, including around three hours before the crime; the accomplice’s sister 10 The People offer a quote from People v. Rodrigues (1994) 8 Cal.4th 1060, 1128, which includes the sentence: “ ‘ “Corroborating evidence is sufficient if it substantiates enough of the accomplice’s testimony to establish his credibility. [Citation.]” ’ ” Although if taken out of context this line would seem to support the idea that corroboration of the accomplice’s testimony regarding the details of the crime alone might be enough to satisfy section 1111, in context it is clear this sentence did not alter the rule that the evidence “ ‘ “ ‘must tend to implicate the defendant and therefore must relate to some act or fact which is an element of the crime,” ’ ” ’ and “ ‘the prosecution must produce independent evidence which, without aid or assistance from the testimony of the accomplice, tends to connect the defendant with the crime charged. [Citation.]’ ” (Rodrigues, at p. 1128.) We also note that the phrase from Rodrigues first appeared in People v. Knight (1980) 111 Cal.App.3d 201, 205-206 (Knight), which cited, as authority, People v. Lyons (1958) 50 Cal.2d 245 (Lyons), disapproved on another ground as stated in People v. Carrera (1989) 49 Cal.3d 291, 321. However, the Knight court also indicated that evidence under section 1111 “is sufficient if it tends in some degree to implicate the defendant [citation].” (Knight, at p. 205.) Similarly, Lyons explained the requirements of section 1111 as many other cases have; the court noted the evidence “must tend to implicate the defendant and therefore must relate to some act or fact which is an element of the crime but it is not necessary that the corroborative evidence be sufficient in itself to establish every element of the offense charged.” (Lyons, at p. 257.) sold a gun to the defendant the day before the crime; and the gun sold to the defendant was of the same type used in the crime, according to a witness familiar with firearms. (Id. at pp. 345-346.) The court concluded it was “satisfied that the cumulative effect of the testimony of the women companions of the two men, the testimony of [the accomplice’s] sister and the testimony of the victims in the cafe, none of whom could be deemed accomplices, point sufficiently to the establishment of the fact that the defendant was the other participant in the crime, and that the code requirements of evidence tending to connect the defendant with the commission of the crime have been sufficiently met.” (Id. at p. 346.) Similarly, in People v. Abilez (2007) 41 Cal.4th 472, the defendant argued there was insufficient evidence to corroborate the accomplice’s testimony inculpating him as the assailant in a sodomy and murder case. The court disagreed because “[a]ll of the critical aspects [of the accomplice’s] testimony were corroborated.” (Id. at p. 505.) This included the accomplice’s testimony that he saw the defendant straddling the victim and he saw a white cloth around the victim’s neck. Independent evidence established that the victim was found with a white sock wrapped around her neck. However, there was also independent evidence that on the evening of the crime, the defendant and the accomplice visited the victim; a non-accomplice witness heard the defendant and the victim arguing and heard the victim scream; the same witness heard someone start the victim’s car and drive away; other witnesses testified that in the days before the murder they heard the defendant state he wished to kill the victim. (Id. at pp. 505-506.) The court found this evidence was sufficient and distinguished cases in which “the purported corroborating evidence ‘did nothing more than show “the commission of the offense or the circumstances thereof[,]” ’ ” or in which “the only evidence tending to corroborate an accomplice’s testimony was proof the defendants were present at the scene.” (Id. at p. 506.) Likewise, in Williams, accomplices testified that the defendant planned to scam the victims in a fraudulent drug transaction by trading fake money for drugs, and, during the transaction the defendant shot and killed both victims. According to the accomplices, defendant set up the transaction by telephone calls to the victims at their work place; at a meeting place, one of the accomplices took the victims’ wallets; after the defendant shot the victims, he and the accomplices dragged the bodies to the garage and into a truck; and the defendant and one of the accomplices subsequently fled California. (Williams, supra, 56 Cal.4th at pp. 637-642.) The court found sufficient corroborating evidence in part from testimony of a witness who overheard the victims say they were going to a bar for a drug deal, and evidence that the victims’ wallets were found in a kitchen cabinet at the crime scene. But these details were combined with other evidence that specifically tended to connect the defendant to the crime, such as telephone records between the defendant’s home and the victims’ place of employment; the testimony of a witness who saw the victims talking to someone resembling the defendant; neighbors heard gunshots and saw the defendant and accomplices exiting the apartment where the crimes occurred; defendant’s pager was found at the crime scene; and the defendant’s fingerprints were found in the room where the victims were shot and on the truck to which the victims’ bodies had been dragged. In addition, there was independent evidence of defendant’s flight after the crimes, which supported an inference of consciousness of guilt. (Id. at p. 679.) While evidence corroborating the circumstances or details of the crime was included in the analysis, there was also evidence tending to connect the defendant to the crimes. The same was true in People v. Thompson (2010) 49 Cal.4th 79, in which an accomplice testified the defendant robbed and shot the victim at a lake. The court found there was sufficient evidence to corroborate the accomplice’s testimony. Some of the independent evidence corroborated the general details of the crime, such as what the defendant and the victim ate on the night of the murder, the state of dress of the victim when his body was found, and the presence of drugs in the victim’s blood, which confirmed the accomplice’s testimony that he, the defendant, and the victim, had used drugs the night of the murder. (Id. at p. 124.) However, there was also non-accomplice testimony that there was a connection between the defendant and the victim; the defendant and the victim left the victim’s cousin’s house together, but the defendant returned without the victim and gave suspicious accounts about the victim’s absence; the defendant and the victim were together the night of the murder at another witness’s house and they left together, but after that night the defendant drove the victim’s car and was seen burning papers and cleaning a gun; and witnesses testified to defendant’s incriminating statements about a person floating in the lake. (Id. at pp. 88-91, 124.) Thus, corroborated details about the crime generally may form part of a picture indicating the jury may be satisfied that the accomplice is telling the truth. But, under the statute, the evidence must do more than corroborate the accomplice’s testimony establishing a crime was committed or the circumstances of the crime. The evidence must “tend to implicate the defendant by relating to an act that is an element of the crime. It need not by itself establish every element, but must, without aid from the accomplice’s testimony, tend to connect the defendant with the offense.” (People v. Nelson (2011) 51 Cal.4th 198, 218.) In this case, when the evidence corroborating Ahumada’s testimony about the circumstances of the crimes is combined with the evidence relating to defendant, there is still nothing that tends to implicate defendant by relating to an act that is an element of the crimes. (Williams, supra, 56 Cal.4th at p. 679.) Under section 1111, the convictions could not stand. IV. The Trial Court Did Not Err in Dismissing the Case The People further contend the trial court erred in dismissing the case. The People argue the trial court granted the motion for a new trial under section 1181, and under that statute there is no “acquittal as a matter of law.” The People also argue the court could not have dismissed the case under section 1385, because it failed to utilize the appropriate substantial evidence test, and failed to expressly view the evidence in the light most favorable to the prosecution. As explained above, we must reject these arguments. For double jeopardy purposes, it is the substance of a ruling rather than the title that determines whether it is an acquittal that bars retrial. As explained in Evans, United States Supreme Court “cases have defined an acquittal to encompass any ruling that the prosecution’s proof is insufficient to establish criminal liability for an offense . . . Thus an ‘acquittal’ includes a ‘ruling by the court that the evidence is insufficient to convict,’ a ‘factual finding [that] necessarily establish[es] the criminal defendant’s lack of criminal culpability,’ and any other ‘rulin[g] which relate[s] to the ultimate question of guilt or innocence.’ [Citation.]” (Evans, supra, 133 S.Ct. at pp. 1074-1075.) And in Burks, the court held that a court’s determination that evidence offered at trial was legally insufficient to support a conviction implicates double jeopardy principles and bars retrial, even if the defendant has sought a new trial as a remedy. (Burks, supra, at p. 17; see also People v. Trevino (1985) 39 Cal.3d 667, 694, 698-699, disapproved on other grounds by People v. Johnson (1989) 47 Cal.3d 1194, 1221 [trial court erroneously denied section 1118.1 motion but granted new trial for insufficient evidence as a matter of law, second court subsequently discharged defendant on double jeopardy grounds; double jeopardy barred retrial].) Here, despite defendant’s request for a new trial under section 1181, the trial court concluded the People failed to satisfy the requirements of section 1111. Since the court ruled the Ahumada testimony was not sufficiently corroborated, that testimony was not substantial evidence upon which a conviction could be sustained. Thus the court found the evidence insufficient as a matter of law. This finding was one of a failure of proof. Even though defendant brought the motion under section 1181, and the court even granted a new trial, the fact remains that all indications—express and implied—are that the trial court found insufficient evidence as a matter of law. Moreover, assuming this ruling was essentially a discretionary judicial dismissal under section 1385, under Hatch, the trial court was not required to expressly refer to the substantial evidence standard, or to use any particular language in the ruling. The trial court’s statement that it found insufficient evidence “as a matter of law,” and the court’s explicit reference to Hudson is clear enough for us to “confidently conclude” the court “viewed the evidence in the light most favorable to the prosecution and found that no reasonable trier of fact could convict.” (Hatch, at p. 273.) Indeed, the result in this case is consistent with the court’s reasoning in People v. Falconer (1988) 201 Cal.App.3d 1540 (Falconer). In Falconer, the defendant moved for a judgment of acquittal at the end of the prosecution’s case on the ground that accomplice testimony was not sufficiently corroborated. (Id. at p. 1542.) After the jury returned a guilty verdict, the defendant appealed. The appellate court concluded there was no non-accomplice evidence tending to connect the defendant to the crime, thus the accomplice testimony was uncorroborated as a matter of law. The court then concluded an acquittal was necessary. The court explained: “At the close of the prosecution’s case-in-chief, the trial court denied [the defendant’s] motion for judgment of acquittal. (See §§ 1111, 1118.1.) By failing to produce any corroboration during its case-in-chief, the prosecution failed to establish a prima facie case. Therefore, the defendant’s motion to acquit was improperly denied. A reversal is required but is not an adequate remedy, as a retrial would result. [Citations.] In this situation, a retrial would violate the prohibition against double jeopardy. [Citation.] When Falconer made his motion, he was entitled to a judgment of acquittal.” (Falconer, at p. 1544.) Similarly, in People v. Belton (1979) 23 Cal.3d 516 (Belton), our high court concluded the trial court erred in denying the defendant’s section 1118 motion for an acquittal because the only evidence linking the defendant to the crime was uncorroborated accomplice testimony, which was insufficient to convict. (Id. at pp. 520, 526-527.) The court then concluded that while a reversal of the judgment was required, “a general reversal is not adequate, since a retrial would result. (Pen. Code, § 1262.) Such a retrial would allow the prosecution to accomplish by indirection that which this court holds it cannot do directly. To be consistent with the Legislature’s intent in enacting section 1118, this court cannot afford the prosecution, having once failed to prove a prima facie case, a second opportunity to present the evidence against a defendant. When appellant moved pursuant to section 1118 in the present case, he was entitled to a judgment of acquittal.” (Id. at p. 527, fn. omitted.) In a footnote, the court cited Burks for the proposition that the double jeopardy clause “ ‘forbids a second trial for the purpose of affording the prosecution another opportunity to supply evidence which it failed to muster in the first proceeding.’ ” (Id. at p. 527, fn. 13, citing Burks, supra, 437 U.S. at p. 11; see also People v. McRae (1947) 31 Cal.2d 184, 187, abrogated by statute on other grounds as stated in People v. Tobias (2001) 25 Cal.4th 327, 337 [Section 1111 is “ ‘in addition to the requirement of the doctrine of reasonable doubt . . . [and] in effect says that even though the jury are convinced to a moral certainty that the defendant is guilty, yet they must acquit him if the testimony of the accomplice is not corroborated by other evidence, which connects or tends to connect him with the offense charged.’ [Citation.]”.) The procedural posture of Falconer and Belton is different from this case, but their reasoning remains applicable. We are not reviewing the trial court’s denial of defendant’s section 1118.1 motion, and defendant nominally moved for a new trial. But the trial court’s ruling was quite clearly based on section 1111 and a determination that the prosecution failed to produce corroborating evidence “as a matter of law.” Under Burks, that defendant sought a new trial is not dispositive. “[A]ppellate courts ‘must determine whether the ruling of the judge, whatever its label, actually represents a resolution, correct or not, of some or all of the factual elements of the offense charged.’ [Citation.] If a trial court rules the evidence is insufficient as a matter of law, then the ruling bars retrial even if it is patently erroneous or the court has no statutory authority to make it.” (Hatch, supra, 22 Cal.4th at pp. 270-271.) The trial court found the prosecution failed to prove its case, and, as such, defendant could not be retried. Dismissal was required. Outcome: The trial court orders are affirmed.	__label__cc	0.080748
A wave of sexual assault cases has swept South Korea but the lucrative K-pop industry remained relatively untouched. Two cases this month, though, have begun a reckoning For many South Koreans, the admission by a young man that he secretly filmed himself having sex with women and shared the footage with other men was yet more evidence of a culture of misogyny and sexual abuse that has put the country at the epicentre of Asias #MeToo movement. The sordid details of the mans alleged misconduct sounded familiar in a society struggling to cope with a voyeurism epidemic especially in a week when two men were arrested for allegedly filming 1,600 guests across 30 South Korean hotels with spycams but with one crucial difference. The latest allegations of sexual misconduct involve some of the best-known figures in K-pop, South Koreas most successful cultural export. In the space of a week, allegations surrounding the singer-songwriter Jung Joon-young and Seungri, a member of the internationally popular boyband Big Bang, have snowballed into overlapping sex and corruption scandals that have exposed K-pops dark underbelly and prompted a backlash among all but the most obsessive fans. Jung said he would retire from showbusiness and admitted that he had shared with members of a chatroom footage of him having sex with several women without their knowledge. Members of the chatroom allegedly included Seungri, who is alleged to have run an illegal prostitution ring out of nightclubs in Seouls trendy Gangnam district. The 29-year-old singer has denied the allegations. If you enjoyed our content, we'd really appreciate some "love" with a share or two. And ... Don't forget to have fun!	__label__cc	0.028346
The first thing that should be checked while signing the agreement is the interest rate as it may create stress on you while repaying the loan amount. With the current income level, you should be able to validate whether you can afford to repay the loan at the interest mentioned in the loan agreement. Loan deferment is a special financing alternative that lets borrowers skip a payment without receiving derogatory credit reporting. The option to defer payments is available for most types of loans including mortgage, auto, credit cards, and student loans. Debtors must obtain lender approval and abide by deferment policies. To stay clear of any legal involvement, both parties concerned must comply and honor all agreements made. Since the loan agreement serves as a contract and legal documentation, a violation of the terms and agreements can lead to a legal case and the written agreement can function as proof in court. "Insurance" organizations, who collect premiums for providing either life or property/casualty coverage, created their own types of loan agreements. "Banks" and "Insurance" organizations loan agreements and documentation standards evolved from their individual cultures and were governed by policies that somehow addressed each organizations liabilities (In the case of "banks," the liquidity needs of their depositors; in the case of insurance organizations, the liquidity needs associated with their expected "claims" payments).	__label__cc	0.095514
The corporate sector is an important busy place that needs security for the protection of employees, people, and property. These places remain vulnerable to security both from outside and inside. When you have the perfect corporate security in Perth, it helps in handling crisis management, risk management, information security, and fraud deterrence. Failure to have security could make a bad name for your company which could lead to revenue and reputation loss. Because there are various kinds of security issues that are hard to manage and handle by people. For example, these crimes could be: - White-collar crimes - Fraud and cyber crimes - Abduction and extortion - Vandalism, protest, and sabotage - Abuse and harassment Besides them, various other kinds of crises need to be eliminated on an immediate basis. Effectiveness of Corporate Security in the Reduction of Criminal Activities: Security companies must eliminate the risks of all kinds of transgressions from the sector. For long-term progress and the growth of the business, a productive environment is crucial. When you secure your organization from all perspectives, then it has advantages for your corporation in multiple aspects. Because they perform their duties in a highly responsible way. Know how they are effective in reducing the criminal activities given here: Safety of Company Assets The corporate sector has valuable assets that must be protected. I have found that perthsecurityguards is one of the leading companies that ensure the safety of the company assets. They have skilled and trained guard security, advanced technology, k9 dog units, and multiple others. Any harm to them could cause a huge unbearable loss to them. They protect both moving and static assets present there. Prevention of Offences The presence of security guards Perth in the corporate sector is quite helpful in the prevention of crimes. Besides that, mobile patrol and alarm security services cover all aspects of the corporate sector. For example, the large area of the building is monitored by the patrolling officers multiple times a day or night to keep intruders away from the place. The places like narrow areas where the reach of the other security is difficult are protected by the installation of the alarm system. Whenever intruders breach the security, then suddenly the alarm system trips off. After that, it becomes easy for the guards to respond immediately. Another thing they do is monitor the outside places too. They immediately take action and respond to any suspicious activity. For example, in parking lots, corridors, stairs and the empty places that connect to your place. Moreover, the secured corporate sectors have the least rate of crimes than the unsecured places. Even workers and employees prefer to work at those places where they find the protection of their lives. Having the feeling of being secured enhances the productivity of their work which is profiteering for the companies. Observing Staff and People It is not important that corporate sectors have threats from outsiders only. Insiders could also cause issues for your organisation. Any fight and unneeded protest not only badly impacts the name of your enterprise but also entices the other workers too. When you contract with the leading company, it ensures the security of your premises. Reliable and trustworthy top-level companies first assess the place to provide a comprehensive security plan. The last word on this topic is that corporate security is always effective in the reduction of crimes. The lives of the laborers and the people around them should be secured. Effective corporate security is advantageous for your people, assets, and premises. As per my experience, Perthsecurityguards is the best option in this regard and would prove to be a wise decision.	__label__cc	0.01906
Rabbi said that if forced to chose between obeying the law and pursuing justice "of course I'm going to violate the law." TECH AND GADGETS European Coalition for Israel screens new documentary on Jerusalem in the European Parliament in Brussels. [td_block_social_counter custom_title=”STAY CONNECTED” facebook=”tagDiv” twitter=”envato” youtube=”envato”] MAKE IT MODERN Finance Minister asks PM Netanyahu to ensure the state budget is approved on schedule. Iran sees its nuclear program as integral to the security of the Islamic Republic itself.	__label__cc	0.021582
Protect yourself if you become incapacitated The use of a living will or medical power of attorney may help to adequately express the types of treatment that you’d like to receive while you’re incapacitated. A financial power of attorney can manage assets such as a home or bank account when you are not able to do so on your own. Don’t let the state dictate where assets go If you die without a will or trust, the state may determine who receives assets held within your estate. A judge may also have the power to appoint a guardian for a minor child. In some cases, the lack of guidance that a will or trust might provide could result in lengthy and expensive conflicts between family members. Review your estate plan every few years It’s generally a good idea to review your estate plan after a major life event such as a marriage or the birth of a child. It isn’t uncommon for physicians to update their estate plans every few years because of changes to the tax code or because of a move to another state. A thorough estate plan may be able to help you protect your interests while you are alive and after you pass. It can also help to ensure that a spouse, child or other family members have what they need to maintain their current lifestyle if you can’t provide for them.	__label__cc	0.023892
Extramovies Illegal Movies HD Download Website About Extramovies 2021? Extramovies is a torrent website, which uploads all of its movies as pirated content. A number of people from unidentified places conduct site service. Users may choose from movie groups and import their favorite movies as easily as they want. In order to stream movies from the Extramovies illegal website, the user will first access the web by entering the specific domain name. And after this, the user is free to download their favorite movies. When the website receives click on ads and other links, Google AdSense provides publishers with the means to earn money from their online content Extramovies is an illegal free movie download site, which offers Tamil, Telugu, Hindi, and English HD movies for free download. All we all know it is difficult to practice self-isolation especially when you do not have any movies, TV shows, or web series to watch at home. Enjoy watching unlimited free movies downloaded from Extramovies. Extramovies com website is reported to have millions of monthly active users. It is one of the best and free movie download sites and what makes it unique is, it does not ask you to provide any confidential information to access the site. Yes, you do not need to submit your debit card or credit card details while downloading any content from Extramovies. However, Extramovies is a piracy website and it is illegal to use such websites as it is banned by the government. How to Download Movies from Extramovies? The effort of the movie goes waste when illegal websites leaks the movie on its website. We are seeing many movies that are illegally leaked by the piracy websites. We do know that, in India and in other countries around the world, pirating is a felony. Crime in India is not only uploading, but watching videos on the Extramovies website too. Yeah, if you’ve been spotted surfing some torrent or unauthorized website in India, the government has the right to arrest you according to the Anti Piracy Act. Watching and downloading Extramovies videos or any other piracy that encourages websites is illegal in India. Catching a video downloaded from a pirated website is a felony and it almost involves cheating. It is illegal in full compliance with the Digital Millennium Copyright Act. Want to learn how to download HD movies from Extramovies do not fret, we have explained it in a few easy steps. - Visit Extramovies cc or any working domain. - With the assistance of Category, Genre, or search bar, determine the specified movie to download. - Choose the format among 360p, 480p, 720p, 1080p formats. - After clicking on any size, the page will be redirected to the movie download link. - Once the download link appears, click on it to start downloading the video file into your device. Many of us use OTT platforms to watch movies, tv shows when we can’t go to theaters. It is the safest way to watch movies too. The illegal websites do pircay of the copyrighted content and leak most of the latest movies on its website. What are the Latest Movies Illegally Leaked by Extramovies 2021? Extramovies has recently leaked several movies on the day of its theatrical appearance. If you desperately wish to watch all the newly released movies, then Extramovies is the right place for you. You can watch all newly released movies from any language on this illegal website. Extramovies website has recently leaked dozens of movies on its website which are available for free download and streaming. Check out a few below: - Chal Mera Putta 2 - Dharala Prabhu - Angrezi Medium - Baaghi 3 - Asura Guru - Yedu Chepala Katha - Love Aaj Kal - Oh My Kaduvule - Ala Vaikunthapuramuloo What are the Best alternative websites for Extramovies? How soon does Extramovies release a new movie? Extramovies the illegal website releases old as well as new movies on its website. When a new movie is released in the theatre, this illegal website do piracy of the movie and uploads it on its website. Users can get the latest movie download links from Extramovies’ illegal website very quickly once the latest movie is released. Streaming or downloading movies from illegal websites like Extramovies, FMovies, Filmywap is a crime. So we suggest not to watch or download movies from these kinds of illegal websites. What the details of Extramovies? We can not guarantee whether the Extramovies website is safe for you or not but when it comes to downloading all the latest Bollywood & Hollywood movies in HD quality, the Extramovies website is surely one of the best ones. If you do not know what are the details of the website, then the information gathered about the website are framed in the table mentioned below for your reference. \|Movies & Web Series How To Download Extramovies App? According to reports, the Extramovies app is available for Android and iOS, Smart TV, and PC, so you can enjoy it on your favorite medium. Since this is an illegal website, the government has banned the usage of this app. The app cannot be downloaded from Google Play Store or Apple’s App Store, but only from a third-party website. We actually do not promote piracy and that is the reason we did not provide the download link of the Extramovies app. \|Android 4.0 and above What are the Extramovies New Links 2021 The Extramovies website keeps changing its domain names as it frequently gets blocked by the government for uploading piracy content online. As we have mentioned earlier, the government does not allow such websites in India. Somehow, we have gathered a few of its URLs that are active. You will have to just copy the URL and paste it on your browser to visit the website. Is it Illegal to watch or download movies, web-series, TV Serials, OTT Movies, OTT web-series online from Extramovies? Extramovies is a website publishing pirated movies, TV serials, web-series, OTT original web series, OTT original movies. Since it is pirated content, the law prohibits a person from visiting such websites. Each country has its own control mechanism to avoid such websites from loading in their countries. If we visit such websites through illegal means, then it is considered an offense. Each country has its own laws and punishments for people watching copyrighted work on pirated sites. In most of the countries, a heavy fine is imposed for users watching copyrighted content from the pirated website. Despite the heavy fine, some country has laws that can even arrest a person for watching illegal/prohibited content online. So, please read the cyber law in your region and try to stay safe. Disclaimer – FilmDhamaka does not promote piracy and is strictly against online piracy. We understand and fully comply with the copyright acts/clauses and ensure we take all steps to comply with the Act. Through our pages, We intend to inform our users about piracy and strongly encourage our users to avoid such platforms/websites. As a firm, we strongly support copyright acts. We advise our users to be very vigilant and avoid visiting such websites. #Extramovies #Illegal #Movies #Download #Website	__label__cc	0.01955
A woman has been taken to hospital after she fell ill in a car at a retail park. Firefighters were called to remove her from the vehicle in Brookfield Retail Park in Cheshunt this morning (January 14). Paramedics were called to the scene to take her to hospital and police officers attended to assist with securing the area. The woman’s condition is being monitored and the emergency services have removed the car from the scene. Eyewitnesses described firefighters, police and ambulance on the scene with a curtain being held up. The witness, who wished to remain anonymous, was driving by with others at around 8.45am. She said: "There were two police cars, a fire engine and two ambulances outside Marks & Spencers. "Paramedics were holding up a curtain and a woman was lying on the floor with an oxygen mask." The area is now clear.	__label__cc	0.062053
If you prefer a hands-on approach, download one of our free examples of marital agreements and fill it out yourself. Be sure to provide each spouse`s full name and address as part of the contact information. Before signing a prenup, you must also include the following information in the following sections: The New York Marriage Agreement allows future spouses to control the distribution of their property in the event of divorce or separation. As the name suggests, the conjugal agreement, or “premarital agreement,” is drawn up by the couple before marriage. The parties will disclose each other`s finances and assets before creating the necessary conditions for the sharing of their assets. A properly executed marriage year will reduce the financial and emotional burden of the couple by eliminating the state`s ability to share property and property as it sees fit. None of you have saved much money. If neither spouse has significant assets or property in the name of these spouses, it is rare for a marriage agreement to be useful, as asset protection is the main purpose of a prenupe. It is strongly recommended that the parties concerned sign the document in the presence of a notary. In the event of a divorce, the agreement does not guarantee that the separation will end as expected, since all agreements are subject to verification by the judge at the time of the divorce. To avoid this, a marriage agreement can be used to determine which partner receives what in the event of a divorce, regardless of the kommingling. A marriage agreement, or “prenup,” is a written contract that is made before a couple gets married, usually when they are engaged. This agreement defines the financial and property rights of each spouse if the marriage ends in separation, including death or divorce. A marital agreement can raise many different issues, including: A marriage contract is a contract between you and your future spouse, which is concluded before the marriage. In a marriage agreement, you and your spouse give the money and property you own before you get married. Then you set out the rights and obligations that each of you will have during the marriage, including how you will share your money and property in the event of divorce or death of any of you. 3. Coercion and emotional anxiety cannot be a factor in accepting the agreement. CONSIDERING that a marriage between W and A is envisaged; and if you or your spouse rent an apartment or a house, you can indicate how the rental agreement will be changed in the event of a divorce. A marriage contract may explicitly stipulate that the most disadvantaged partner receives or does not receive financial assistance. However, state laws differ in the question of whether a spouse can fully renounce or renounce the right to spousal support or allowance altogether. 4. Children: If one or both parties have children from a previous relationship, they can indicate this in this section. This part of the agreement allows the parties to dictate whether they intend to provide adequate shelter and support to other children from a previous relationship, without creating an obligation to continue that support if the marriage ends. This section also allows the contracting parties to list all the children they have had together and to include child care arrangements if the parties separate. The date and place of the wedding indicate the official start date of the marriage of the two partners. After the date of the marriage, the marriage agreement becomes legally binding. If one of the spouses does not have this information on hand, it may be left empty for later completion. It is important to get an impartial third party to comb through any legal agreement before signing your name.	__label__cc	0.024993
SecuritySecurity document (mortgage) form and content What is the typical form of a security document over the aircraft and what must it contain? There is no statutory format with which the mortgage must comply. The mortgage itself need not be governed by BVI law. A certified copy of mortgage deed must be provided to the Governor.Security documentary requirements and costs What are the documentary formalities for creation of an enforceable security over an aircraft? What are the documentary costs? There are no specific documentary formalities under BVI law. The fees are on a sliding scale according to the value of the mortgage.Security registration requirements Must the security document be filed with the aviation authority or any other registry as a condition to its effective creation or perfection against the debtor and third parties? Summarise the process to register a mortgagee interest. Aircraft registered in the BVI or capable of being so registered and aircraft engines owned by or in the lawful possession of a BVI company may be made the subject of a mortgage for the purposes of registration. The application for registration of the mortgage must be in the prescribed form, and must be made to the registrar by or on behalf of the mortgagee in question. It must be accompanied by a certified true copy of the mortgage and the prescribed fees.Registration of security How is registration of a security interest certified? The Governor will issue a notification of registration, which is generally available on the date of registration. The notification states the date and time of registration, whether it is the first or a subsequently registered mortgage with respect to the relevant aircraft, and the principal details of the mortgage, and acknowledges receipt of the relevant registration fee.Effect of registration of a security interest What is the effect of registration as to third parties? A mortgage entered on the register has priority over any other mortgage or charge on that aircraft or aircraft engine. It is also possible for the priority of a mortgage to be fixed by filing a priority notice with the Registrar pursuant to which the priority of a yet to be executed mortgage may be fixed for a 14-day period. When entered in the register within the 14-day period, that mortgage shall be deemed to have priority from the time the priority notice was registered.Security structure and alteration How is security over aircraft and leases typically structured? What are the consequences of changes to the security or its beneficiaries? A typical security package for a financing involving the BVI will consist of an aircraft mortgage, a security assignment of the borrowing party’s contractual rights (eg, under the relevant lease arrangements, the lease rentals or insurances) and a deregistration power of attorney or IDERA. It is often the case that the lenders will take security over the shares of the (often BVI) owner or borrower. These documents will usually not be governed by BVI law but, for example, by English or New York law, save that a share mortgage over the shares of a BVI company is often governed by local law. The secured party is often a security trustee or collateral agent for the financing parties from time to time.Security over spare engines What form does security over spare engines typically take and how does it operate? A mortgage to be registered on the BVI Aircraft Mortgage Register may cover any store of spare parts (including engines) for the aircraft, but may not include a mortgage created as a floating charge or a mortgage of spare parts on their own. Parts that in the future may become attached to the aircraft can be part of a registered mortgage provided they are sufficiently identifiable when acquired by the mortgagor and value is given. The BVI is not party to the Cape Town Convention.	__label__cc	0.129868
In State v. Peter Nyema, police officers seized evidence of a robbery following an investigatory stop of an automobile in which Defendant was a passenger. Following the denial of his motion to suppress, defendant pled guilty to first-degree robbery. The arresting officer testified he stopped the car because he was advised two black men had robbed a store. The officer used a spotlight mounted to his car to illuminate the interiors of passing vehicles as he traveled to the store. According to the officer, in one car, he observed three black men who did not react to the light. The officer stopped the car based on those observations. On review, the appellate court held that knowledge of the race and gender of criminal suspects, without more, does not establish a reasonable articulable suspicion that the men in the car had robbed the store. Defendant’s conviction was reversed. The Court’s full decision can be read here. #Robberycharges #Hudsoncountycriminalawyer #Jerseycitycriminallawyer #northbergencriminallawyer #secaucus #newark #hackensack #paterson #sjnlawyer #guncharges #drugcharges #2C:15-1	__label__cc	0.142435
The hardest problem that a cop has is to find evidence that would give them the right to apprehend a criminal. Usually those who know something about the crime are the hardest to find since they do not want criminals to find out who they are. The witnesses do not like the criminals to come back at them. There are witness-protection programs, but getting that level of protection means your daily life will change. In some special cases, the criminals are able to tract and hunt down the witness because the criminals got lots of connection form inside the police department. Now, witness of crimes did not need to worry about their safety as they could alert the cops on various crimes without giving their names. All they need to do is dial the mobile phone number, and cops will send their informant to confirm the tips they receive. This way, the real witness, is far from danger. They will remain anonymous even to the police department. No one could know their real identity. Even those criminals who got connections inside the police force cannot get back at the people that gave them up to the police. Wednesday, Clearfield’s police department and over 50 Utah law enforcement agencies revealed a new program, called TipSoft. The system allows concerned citizens to send valuable tips through their mobile phones and computers without reveal their true identity to anyone. Utah Attorney General Mark Shurtleff says law enforcement agencies got to keep up with the current technology in fighting crime. They already got many agencies involved in the system, but they need to spread the word out about the system so that people will know that they are going to be safe. Now, anyone living in Utah can send information about crimes or criminals by using their mobile phones. All they need to do is to text in “CRIMES” (274637), start their message with and the agency keyword and their messages. The system then guarantees an anonymous two-way communication between the person sending the tip and the agency without revealing the real identity of the tipster. CEO of CrimeReports.com, Greg Whisenant claims that they do not even have access to the real identity of the person. South Ogden Police Chief Val Shupe says this makes it possible with concerns in their neighborhood or have drug problems next door, but does not want to get involve. They will not need their address as they immediately calls (Weber-Morgan Narcotics) Strike Force, and they go in and send in their informants. Once the tipster, decided that they want to be bother by the law. All they need to do is ype in “STOP”. They will not be bothered anymore.	__label__cc	0.026164
Alvin Ray Porter, Jr., the former police chief of Logan County, pleaded guilty to buying votes during the 2002 Democratic Primary. Porter was one of several Logan County officials who conspired to influence elections in 2002. Porter was sentenced to three years of probation and was ordered to pay a $1,000 fine. He also was […] In West Virginia, Johnny Mendez, the sheriff of Logan County, pleaded guilty to federal charges that he accepted $10,000 in illegal contributions and used the money to buy votes in the 2000 and 2004 elections. Jerry Weaver and Greg Stowers, leaders of a political machine in Lincoln County, pleaded guilty to vote buying charges in connection with a 12-year-long vote fraud scheme. Both men were sentenced to a year in prison. Johnny “Big John” Mendez, former Logan County Sheriff, pleaded guilty to charges of conspiracy to buy votes. Mendez bought votes for himself and a member of the state House of Delegates, making cash payments and offering more money to heads of households who could deliver the votes of all the eligible voters living at a […] When his wife was running for the House of Delegates, Mark Oliver Hrutkay, a lawyer and his wife’s campaign treasurer, paid $10,000 to a political operative to secure support for his wife’s candidacy. He pleaded guilty to mail fraud charges, stemming from his mailing a campaign disclosure form that failed to mention the $10,000 payment. […] Six Lincoln County Democrats pleaded guilty to charges of participating in a conspiracy to buy votes dating back to 1990. The indictment charged that the six conspired to buy votes in elections held in 1990, 1992, 1994, 1996, 1998, 2000, 2002, and 2004 “for the purpose of selecting and electing candidates to the U.S. House […] Perry French Harvey pleaded guilty to a charge of scheming to buy votes in the 2004 Logan County Democratic primary. He was sentenced to three years’ probation. James Surkamp pleaded guilty to a misdemeanor charge of unauthorized presence in a polling place. Surkamp, while serving as Jefferson County Commissioner, voted twice in a 2009 referendum. He cast his first vote during the early voting period and then attempted to vote again on election day. Surkamp, who subsequently lost his re-election bid in […] Former Lincoln County Commissioner Thomas Ramey pleaded guilty to lying to federal officers in the midst of their investigation of a massive voter fraud conspiracy. Sheriff Jerry Bowman and County Clerk Donald Whitten also pleaded guilty, admitting that they stuffed ballot boxes with fraudulent ballots and falsified absentee ballots in an effort to rig the […] Dallas Toler, former Mingo County Chief Magistrate, pleaded guilty to voter registration fraud. He submitted a voter registration for someone he knew was a convicted felon. He was sentenced to 27 months in prison.	__label__cc	0.018825
"Texas and Minnesota may become the second and third U.S. states to adopt ODF (Open Document Format for XML) as the standard file format for government documents instead of the file format that Microsoft uses in its Office 2007 software suite. "Two separate bills up for legislative consideration in each state propose to mandate the use of an open, XML-based file format that is 'interoperable among diverse internal and external platforms and applications; fully published and available royalty-free; implemented by multiple vendors; and controlled by an open industry organization with a well-defined inclusive process for evolution of the standard,' according to the Minnesota House of Representatives bill, which can be found here..."	__label__cc	0.023435
Ensure that youngster a divorce in the household does not indicate that the child isn't really liked and also absolutely nothing he can do could fix the circumstance. Once your marital relationship begins to fall apart and start affecting your day to day life and also wellness, thinking about a separation serves as a practical choice making. Once again, ensure you are particular a separation is required to create the best sort of atmosphere for your youngsters. There are a number of factors for a separation, but communication seems a massive one. Divorce is everywhere, but nevertheless, it could still provide great deals of individuals without words. She is most likely one of the hardest as well as most difficult circumstances any person has to go through. She could trigger a big amount of physical and also mental pain. She is just one of one of the most complex lawful procedures anyone could go via. Separation could be the only solution for a marital relationship regardless of who began the approach. Divorce and its effects on guys is among one of the most difficult and also unpleasant problems that you will certainly come one-on-one with, however it isn't really difficult to get rid of. Going to To The Phone calls Cases entailing divorce could not be as straightforward as you believe. If you maintain away from the Divorce Attorney in San Bernadino, you won't remain in a placement to discover the current needs or an additional document that you have to sign. Divorce Separation is regularly an extremely undesirable experience, Go to this site however at the precise very same time that it can open up an entire world of brand-new opportunities. Coming close to a trustworthy Private Detective Firm for availing the aid of Separation Situations Examination will definitely help you to receive a number of benefits. The therapist will answer any kind of inquiries you may have around submitting for a divorce on your own as well as supply you with the essential documents. Selecting a gifted, trustworthy separation lawyer has the ability to extremely swim via the more substantial part of the choices that need to be made. Working with an expert divorce lawyer makes great feeling as they can give a practical examination of your separation situation. You should speak with a separation lawyer in your state to find out just how your unique conditions as well as the problems of your marriage will certainly influence an award of alimony to your ex-wife. It's feasible to get yourself among the best divorce attorneys in the area but if it's possible to get to a divorce settlement you are going to be able to have a really affordable as well as quick separation. If you're experiencing a divorce right now, it's important that you find a terrific divorce lawyer that can assist you via the whole procedure. Divorce isn't something that any kind of couple would yearn for, however as quickly as the unfavorable occurs, it is crucial that you have actually obtained an excellent separation legal representative to back you up. Find out about Qualifications Considering that there are lots of fraudulences seeking making people feel they are separation lawyers, you must make certain the one which you are selecting is legit. You may really feel tempted to take care of points all by yourself, however it is advisable to allow a seasoned divorce attorney lead you with the procedure. If you are seeking a household lawyer that specializes in separation situations, you need to do your research study well as a way to make particular that you do not squander your loan on an individual who is inexperienced. There are just a few factors one should consider prior to picking a divorce attorney. Due to the fact that divorce is often the effect of highly contentious problems, such as economic problems or extramarital relations, a pair may discover it challenging to connect in a positive way. While it is quite not likely that you'll be encountering such a long treatment, the normal time I see for disputed divorce is about six to 9 months. The big component of the moment, it's viable for a pair to get to an agreement regarding their splitting up without requirement for legal support. When you're straightforward in concerns to the important things which you will certainly tell the lawyer, the latter could create an entire photo of the situation. Schaumburg divorce attorneys could allow you to understand your due share and also locate the most ideal sum of cash deposited in different savings account. Though the separation states you receive the residence, you will need to pay the judgment before you could market or re-finance the home. Once in a while the pair might not be in a setting to concur on how they are mosting likely to split their loan, home, as well as possessions. Deciding to send a fault or no-fault divorce will largely influence the means the separation procedure will certainly go or even the possible end result. The divorce procedure is stressful! If an individual is determined on separation then it's far much better to choose uncontested separation since it's the hassle-free methods to end up being separated. If it is possible to concur on your reasons for divorce and also the problems of your decree, you'll uncover that the treatment is less complex in contrast to other divorce situations. Throughout the right time of a separation, people are commonly bewildered as an outcome of the several stress factors. In between the 1950s-1970s states changed the divorce regulations making it easier to liquify a miserable marital relationship. If you don't have kids, you may apply for separation within six months of your splitting up. There are celebrations when attractive and ignorant married couples wind up in a separation due to unforeseen conditions. In the present circumstance, separations are becoming significantly extra typical. No-fault divorces have actually only existed for the previous 40-60 decades. Procedurally, uncontested separations are a wind to handle. Fault-based separations have existed for a long time.	__label__cc	0.020027
Even the death penalty cannot be proven to deter criminals from engaging in criminal activity that could result in the ultimate punishment: Past, current, and future deterrence theory research is all the same because society and the criminal justice system have not changed much. Under this theory, criminals are put in jail not so that they will learn the consequence of their actions but rather so that while they are there, they will be unable to engage in crime. The criminal now understands what the future consequences may be if they decide to commit more crime. Beccaria saw crime as a rational choice, because the benefits of it outweigh the consequences, so punishment, in his opinion, had to be used to convince potential offenders and repeat offenders that the costs outweigh the benefits. General Deterrence General deterrence focuses more on teaching the general public a lesson, rather than just the individual being charged with the crime. In fact the opposite was found. Retrieved December 1,from ec. To explore this concept, consider the following specific deterrence definition. In summary, there are currently few ways to deter a cyber criminal Crime and deterrence effectiveness stealing data from a company. People make choices for themselves not others; therefore deterrence mechanisms must affect them personally in order for them to work properly. The aim of these punishments is to discourage the criminal from future criminal acts by instilling an understanding of the consequences. Most importantly, it heavily relies on Mr. The argument that deterrence, rather than retribution, is the main justification for punishment is a hallmark of the rational choice theory and can be traced to Cesare Beccaria whose well-known treatise On Crimes and Punishments condemned torture and the death penaltyand Jeremy Bentham who made two distinct attempts during his life to critique the death penalty. This threat of punishment is directed towards the population at large. If general deterrence was entirely effective data theft would be trending downward instead of increasingly sharply year after year. Until the laws and criminal justice system can begin to deter such behavior, cybercrime will continue to plague data industries. Street Youths and Situational Action Theory. This is because, on average, criminals tend not to know a lot about the punishments associated with the crimes they commit. General or indirect deterrence focuses on general prevention of crime by making examples of specific deviants. General Deterrence General deterrence is proactive and attempts to target potential crimes before they are committed. Morality is very likely to influence deviance but self-control does not affect deterrence. Programs like sex offender registries can specifically deter convicted sex offenders from committing more crime. More important is his balanced and insightful analysis of the promise and limits of deterrence for preventing crime. Deterrence can be directed to the entire population or a specific person and each has different outcomes. Inthe Adam Walsh Child Protection and Safety Act enforced a law that made all juvenile sex offenders register with adult sex offenders on web-based registries for at least 25 years Letourneau et al. As an example, if robbery without force resulted in the same punishment as robbery by murder, a robber could make a rational choice to kill the victims to evade their testimonies. Here, the judge found Graham guilty of the armed burglary and attempted armed robbery charges against him and sentenced him to the maximum sentence for each charge: The people make the decision to commit crime or not, regardless of police presence. For this reason, it is suggested that the use of deterrent strategies would have a predictable impact on cybercrime. Therefore, criminals do not see any risk when more police are present. My area of expertise is in capital punishment.A Critical Appraisal of Criminal Deterrence Theory Kevin C. Kennedy Michigan State University College of Law, There is little question that effective deterrence of criminal is an interest in their crime preventive effectiveness by whatever. A recent study by Professor Michael Radelet and Traci Lacock of the University of Colorado found that 88% of the nation’s leading criminologists do not believe the death penalty is an effective deterrent to crime. Title: Five Things About Deterrence Author: Department of Justice Subject: Deter would-be criminals by using scientific evidence about human behavior and perceptions about costs, risks and rewards of crime; NIJ Five Things About Deterrence. It is supposed that threats of punishment deter potential criminals from committing crimes. The correctness of this theory is, however, questionable. Numerous empirical investigations have come to different results. In this article a meta-analysis is described which tries to find out the reasons for. Understanding Deterrence & Crime Prevention June 25, Posted by Chris Mark in Uncategorized. Tags: actor, Chris Mark, crime, criminal justice, deterrence, game theory, punishment, rational For any form of deterrence to be effective, it must be based upon. a deterrence return to all that we do about crime, is more than a little flimsy. In essence, while we can say that there likely is a deterrent effect to the workings of the criminal justice system, 1.Download	__label__cc	0.187496
It is no doubt one of the biggest auctions periodically held in the state, although most of the items for sale are, on the surface, among the least desirable. In fact, the name afforded the event-scavenger sale-connotes somebody's castoffs. And that is in a sense what this event, which began earlier this week and lasts through the end of the month, is all about. While it involves 45,811 various pieces of real estate, the bidding is rarely furious, and there will be no offers at all for most of them. But while the auction room contains some professionals-real estate investors hoping to snag an unnoticed golden nugget of property for a song-there are more novices on hand. Tony and Deborah Brown would put themselves in that second category. Two lots next door to their home in Robbins have been vacant for some time and when they discovered the property was being offered at this year's sale, they decided to navigate their way through the process to add to their land holdings. What distinguishes those two lots and every other parcel up for bid this month is that the original owners are behind on their property taxes. Way behind. To make the scavenger sale list, taxes on a parcel of property must be delinquent for at least two years. The total overdue tax debt of the land being offered in the current sale is more than $436 million. Judging by the past, the sale won't make an immediate huge dent in that debt. At the last sale in 1993, bids were placed on only 3,800 of the 49,000 offerings. But the sale does allow some distressed properties to get back on the tax rolls, either by getting real estate into the hands of new owners or providing an incentive-the threat of losing the property-for the current owners to pay the back taxes. "The purpose is to turn properties over to responsible new owners," said Grace Neville, a deputy to County Treasurer Edward Rosewell, whose office conducts the sale. "If the property is delinquent for long periods of time, the county doesn't benefit because the taxes are not paid," she said. "And if there are no serious repercussions (for the owners), these become slum properties and they create real problems." The scavenger sale offers the prospect of buying up property for as little as $250, the minimum bid, or even less if the back taxes are less than $500. But the entire process is far from that simple. The original owner has six months to redeem the property by paying the taxes due. If it is a single-family home or small apartment building, they have two years. After that, the bidder still has to hire a lawyer to go before a judge and get a court order awarding them the deed to the property. If a bidder doesn't ultimately get the property, they still get something for their troubles should the original owner pay up before the deadlines expire: 3 percent interest on the bid for the first two months the taxes remain unpaid, and 12 percent after that.	__label__cc	0.030708
Smoking is prohibited in enumerated indoor public places and workplaces such as government facilities, healthcare and educational institutions, and facilities frequented by minors, while designated smoking areas are allowed in other public places and workplaces, including bars and nightclubs. Can you smoke in Philippines? The Tobacco Regulation Act bans smoking in public places such as schools and recreational facilities, elevators and stairwells, hospitals, nursing homes, laboratories, public conveyances and public facilities such as airports and ship terminals, train and bus stations, restaurants and conference halls, with the … Is smoking illegal in Philippines? Executive Order No. 26, entitled Providing for the Establishment of Smoke-Free Environments in Public and Enclosed Places, was issued by Philippine President Rodrigo Duterte on May 16, 2017. Can you smoke in a public space? The law prohibits smoking in any public place that is “enclosed or substantially enclosed”. Premises will be considered enclosed if they have a ceiling or roof and, except for doors, windows or passageways are wholly enclosed, on a permanent or temporary basis for example tents or marquees. Can you smoke in bars in the Philippines? The executive order includes in the definition of a public place “establishments that provide food and drinks”. As we clarified earlier, EO 26 prohibits “smoking within enclosed public places”. Thus, smoking inside a bar or restaurant may come within the prohibition since it is clearly an enclosed space. How much is a cigarette in the Philippines? This average is based on 40 price points. It can be considered reliable and accurate. Latest update: August 20, 2021. What is cigarette smoking in the Philippines? 23.8% overall (16.6 million adults), 41.9% of men and 5.8% of women currently use tobacco. 22.7% overall (15.9 million adults), 40.3% of men and 5.1% of women currently smoke tobacco. 18.7% overall (13.1 million adults), 33.9% of men and 3.6% of women currently smoke tobacco daily. Can I vape in Philippines? Smoking and vaping within enclosed public spaces, whether stationary or in motion, is allowed only in DSVAs. The use, sale, or purchase of e-cigarettes and tobacco products by persons under 21 years of age is prohibited. Is it legal to smoke on balcony? Your landlord, management company, or owner’s association may be unaware that it is perfectly legal to require that an apartment building or condominium be smokefree. This can include private units, as well as outdoor areas such as patios and balconies. How close to an entrance can I smoke? Smokers must be greater than 20 feet from a public building’s entrances or operable windows while in the act of smoking. Where are you not allowed to smoke? Smoking and using e-cigarettes are banned in the following outdoor public areas: Within 10 metres of children’s play equipment in outdoor public places. Public swimming pools. Spectator areas at sports grounds or other recreational areas used for organised sporting events.	__label__cc	0.367185
The current tax rate for social security is 6.2% for the employer and 6.2% for the employee, or 12.4% total. The current rate for Medicare is 1.45% for the employer and 1.45% for the employee, or 2.9% total. Combined, the FICA tax rate is 15.3% of the employees wages. How are federal taxes calculated on paychecks? Federal income tax withholding was calculated by: - Multiplying taxable gross wages by the number of pay periods per year to compute your annual wage. - Subtracting the value of allowances allowed (for 2017, this is $4,050 multiplied by withholding allowances claimed). What percentage is taken out for federal taxes? The federal individual income tax has seven tax rates ranging from 10 percent to 37 percent (table 1). The rates apply to taxable income—adjusted gross income minus either the standard deduction or allowable itemized deductions. Income up to the standard deduction (or itemized deductions) is thus taxed at a zero rate. What is the percentage of federal taxes taken out of a paycheck 2019? The withholding tables have tax brackets of 10 percent, 12 percent, 22 percent, 24 percent, 32 percent, 35 percent, and 37 percent. The 2019 employer and employee tax rate for the Social Security portion of the Federal Insurance Contributions Act taxes is 6.2 percent, unchanged from 2018, Notice 1036 said. How do I calculate the percentage of taxes taken out of my paycheck? How do I calculate taxes from paycheck? Calculate the sum of all assessed taxes, including Social Security, Medicare and federal and state withholding information found on a W-4. Divide this number by the gross pay to determine the percentage of taxes taken out of a paycheck. What percentage of my paycheck is withheld for federal tax 2021? The federal withholding tax has seven rates for 2021: 10%, 12%, 22%, 24%, 32%, 35%, and 37%. The federal withholding tax rate an employee owes depends on their income level and filing status. This all depends on whether you’re filing as single, married jointly or married separately, or head of household. Why are federal taxes not being taken out? If no federal income tax was withheld from your paycheck, the reason might be quite simple: you didn’t earn enough money for any tax to be withheld. … When deciding whether taxes should be withheld or reduced from your payroll, they will take all those aspects into account. How much taxes are taken out of a $1000 check? Paycheck Deductions for $1,000 Paycheck For a single taxpayer, a $1,000 biweekly check means an annual gross income of $26,000. If a taxpayer claims one withholding allowance, $4,150 will be withheld per year for federal income taxes. The amount withheld per paycheck is $4,150 divided by 26 paychecks, or $159.62. What is the federal tax on $1500? Multiply 6.2 percent times your gross pay. For example, if gross pay is $1,500, multiply $1,500 by . 062 and you get $93. What is the federal income tax rate for 45000? Income Tax Calculator California If you make $45,000 a year living in the region of California, USA, you will be taxed $9,044. That means that your net pay will be $35,956 per year, or $2,996 per month. Your average tax rate is 20.1% and your marginal tax rate is 27.5%. What is the standard withholding for federal taxes 2020? The federal income tax has seven tax rates for 2020: 10 percent, 12 percent, 22 percent, 24 percent, 32 percent, 35 percent and 37 percent. The amount of federal income tax an employee owes depends on their income level and filing status, for example, whether they’re single or married, or the head of a household. How much should my employer be withholding for federal taxes? Both Social Security and Medicare taxes are fixed-rate taxes you withhold from your employees’ wages and pay on behalf of your employees. Social Security is 6.2% for both employee and employer (for a total of 12.4%). Medicare is 1.45% for both employee and employer, totaling a tax of 2.9%.	__label__hq	0.742724
Virtual or proxy marriages are becoming prevalent these days as some couples believe the traditional marriage is no longer practical. While marriages by proxy are okay, advisable even, for arranged marriages and long-distance relationships, it isn’t for everyone. Military personnel based abroad may also be requested to have a proxy marriage. Marriages by proxy got even more popular during the lockdown due to the pandemic as a foreign fiancé couldn’t make it to the marriage ceremony. This article addresses questions concerning virtual marriages and their implication for immigration proceedings. If you had a proxy wedding and want to apply for a marriage-based green card, this information will be useful to you. Does the USCIS Recognize and Accept Proxy Marriages? The United States Citizenship and Immigration Services recognizes and will accept proxy marriage provided the couple consummates the marriage afterward. Also, it’ll recognize the proxy marriage if couples didn’t enter it for the purpose of obtaining immigration benefits. Meanwhile, the condition that the couple must consummate the relationship doesn’t include having pre-marital sex. Even if they had children before getting married, they need to have sexual relations after the marriage to legitimize it. Is Marriage by Proxy Still Legal? Marriage by proxy is legal in several states across the United States, including Montana, Kansas, California, Colorado, and Texas. Montana even accepts double proxy marriage for couples seeking immigration benefits. The USCIS will accept proxy marriage as long as it is not fraudulent which can result in being put in removal proceedings. Couples often get married by proxy when one spouse is unable to make the wedding for justifiable reasons. Is Virtual Marriage Legal in the US Virtual marriage is legal in certain states across the United States, including Utah. The catch here is that the marriage must check all the legal boxes to make it official and acceptable. To get married virtually in the US, you’ll need to set up an appointment with the county clerk in your region for a marriage license. Then visit the county clerk with the required documents, get signatures from your officiant and witnesses, and get married. Afterward, ensure you consummate the marriage through sexual relations after the wedding. Can You Get Married Virtually to a Foreigner? The only state in the United States that currently allows virtual marriages in Utah. You typically don’t have to be a Utah resident to be legally married, although the officiant has to be in Utah. It is the perfect opportunity for immigrants entirely separated due to closed borders to apply for a spousal visa. To obtain a marriage-based visa, you only need to prove the legal, legitimate, and valid marriage. How Does a Virtual Wedding Affect Your Immigration Case? A permanent resident or U.S. citizen can petition for a lawful permanent resident status on behalf of a foreign national’s spouse. The US immigration law generally recognizes proxy virtual weddings, but it has to be legally valid in the jurisdiction it was held. Also, the couple must consummate the virtual marriage afterward, meaning they need to be together in the same physical place. If the government body that issued the marriage certificate deems the virtual marriage legal, the US government will accept it. What Is a Proxy Marriage, and Is It Valid for Immigration Purposes? A proxy marriage occurs, according to United States law, when both persons are not present physically, but present virtually. The immigration laws consider it legally recognized for granting a conditional green card if the couple consummates it after it took place. If you’ll be having a proxy marriage, you need to ensure the U.S. Citizenship and Immigration Services will recognize it for green card and immigration purposes. To do this, you will need to hire the services of an experienced immigration law firm that can help you provide and review any sensitive or confidential information by the contracting parties thereto. What Are the Documents Needed to Prove the Validity of a Proxy Marriage? One of the first things to do to show documentary evidence of a bona fide marriage is by presenting valid documents. The documents need to prove that a relationship existed before the marriage to avoid marriage fraud allegations. The required documents include an affidavit, written statements, photos, and hotel or plane ticket receipts. If you were married by proxy or virtually and met for your honeymoon, you need the receipts and pictures from your time together. How Can You Prove a Proxy Marriage is Valid? While the USCIS recognizes a proxy marriage, the couple needs to prove it is valid and has been consummated. The couple needs to attest in the immigration petition and application that the marriage is recognized for immigration purposes. Other ways could be to tender pre-recorded messages, provide message and data rates between the two parties, and payment of every legal fee that makes the marriage binding. If they fail to successfully prove a valid proxy marriage, the immigrant will be unable to apply for future marriage-based green card processing. This bar on U.S. citizen spouses’ wife or husbands who wants to have an immigrant come live with them is in line with the Nationality Act. How Does a Proxy Marriage Work In the United States? In a physical marriage, the couples are present in the same physical space for the wedding ceremony and to say their marital vows. Usually, it can be a church ceremony that seals the confidential relationship, and until a divorce certificate is issued, other marriages will amount to polygamous marriages. In a proxy marriage ceremony, one of the individuals could not be physically present; double proxy marriage is when both aren’t present. The availability of virtual applications and any other automated technology has made it possible for two individuals to get married with one or both being physically present. Proxy marriages are common when one of them is deployed in the military and couldn’t be physically present for the wedding. A proxy marriage will not be accepted for citizenship purposes if the couple doesn’t consummate it afterward. While they don’t need to submit pictures to prove consummation, they do need an affidavit with proof that they were together in the same place. Filing for a Marriage-Based Green Card after Proxy Marriage The citizen spouse, wife, or husband, can start the green card processes for the foreign national spouse once they have consummated the proxy marriage. The consular process starts with the lawful permanent resident filing forms I-130 and I-130A, Petition for Alien Relative, and supplement respectively. Filing the form is essential because it tells the U.S. government that you have a qualifying relationship for an immigrant visa. You must note that filling out the form does not necessarily secure an easy visa application for the immigrant spouse. Other supporting documents in line with the U.S. immigration law that constitutes acceptance must be provided to the U.S. immigration services. Is Same-Sex Marriage Valid for Immigration Purposes? If the jurisdiction where the same-sex wedding ceremony took place acknowledges the marriage, so will the US government. If the same-sex couple resides in a different jurisdiction from where they had matrimonial parties and it doesn’t recognize proxy marriages, immigration officials will conduct a free evaluation of the law of the state the marriage was celebrated to decide its validity. The same law works for a proxy marriage case involving transgender persons. Are Foreign Divorces and Subsequent Remarriages Valid for Immigration Purposes? The validity of foreign divorces depends on the laws of the foreign country where the divorce took place and the US’s reciprocity laws where they remarried. Remarriage to a US citizen is invalid for immigration purposes if the divorce is not final under foreign law. The adjudicating officer will ensure the court issuing the divorce has the power to do so. The applicant and their former spouse’s domicile state at the time of the divorce is a determining factor for the court’s jurisdiction rights. Simplify Your Marriage Immigration Process By Hiring Richard Herman Proving virtual or proxy marriages is no walk in the park. You have to establish a lot of truth after which the appropriate U.S. immigration department will do a zip code search, review the documents, and give a verdict. To avoid getting lost in all of these processes, you need a healthy attorney-client relationship and not some random attorney advertising. Herman Legal Group is an immigration law firm with a reputation that precedes it everywhere in the United States because of its healthy attorney-client relationship, among others. To schedule a consultation with Richard Herman today, you can call +1-216-696-6170 or book online. If you’re applying for immigration on the basis of a proxy marriage, the burden is on you to prove its validity to immigration authorities. The US government agency has the liberty to obtain sensitive and confidential information concerning marriage. Meanwhile, if you’re filing forms to obtain a fiancé visa or any other, you’ll be required to pay legal fees. When proving that the marital relationship with your foreign fiancé is real, you may want to let your immigration lawyer talk you through the process. Working with an experienced immigration attorney from a top-rated law firm is the best option for anything immigration-related in the U.S.	__label__cc	0.179316
Fritz will serve his sentence in a maximum security penal colony The trial of a Ukrainian nationalist took place in Donbass, whose atrocities were recounted by the Ukrainian military themselves. According to the Investigative Committee of the Russian Federation, on April 12, 2022 in Mariupol, two servicemen of the Russian Armed Forces were captured by servicemen of the Ukrainian armed formations. A few days later, the captured Russian servicemen were transferred to the Aztec checkpoint, temporarily equipped and occupied by the Ukrainian Armed Forces. They were kept under guard in the basement, handcuffed and blindfolded. All this became known thanks to the witnesses: the Ukrainian military who were guarding them. On April 15, 2022, a serviceman from military unit No. 3057 of the Eastern Operational Territorial Association of the National Guard of Ukraine (the banned Azov regiment in the Russian Federation), Oleksiy Kyrkalov, nicknamed Fritz, arrived at the checkpoint (Aztek checkpoint) with a group of Ukrainian military to commit a murder. “In the basement of the checkpoint, Fritz grabbed and led one of the prisoners of war, handcuffed and blindfolded, by the hand into the street, where at the entrance he fired at least three pistol shots into the back. of the head, causing fatal gunshot wounds”, the testimony of Ukrainian military personnel. A few months later, Fritz was taken prisoner. He was captured while trying to escape from Mariupol. “Despite the defendants’ denial of guilt, the evidence gathered in the case, the results of numerous examinations and other evidence in the case confirm Kyrkalov’s guilt. In particular, during the confrontation, the witness, who became an eyewitness to the above events, informed the investigation about the circumstances of the commission of this crime,” said Svetlana Petrenko, official representative of the Investigative Committee of Russia. Investigators confronted Fritz with the soldiers guarding the Aztec checkpoint. One of them reminded the killer in detail of the circumstances of the crime. By the verdict of the Supreme Court of the Donetsk People’s Republic, Kyrkalov was sentenced to life imprisonment. Fritz will serve his sentence in a maximum security penal colony.	__label__cc	0.049464
What Is Without Prejudice? The term “without prejudice” has both a specific legal and a more general meaning. In mainstream usage, the word “prejudice” was often used to indicate the presence of set ideas that one had against a particular group or race, so that “prejudiced” came to be a comparatively neutral stand-in for the more incendiary terms “racist” or “bigot.” However, more generally, in business or legal proceedings, it is understood rather literally – a “pre-judgment.” It means that, if a transaction or a legal proceeding is entered into “without prejudice,” whatever happens as a result will not be the final word on the matter, that either party would be free to pursue further action without being bound by any “pre-judgment.” Specifically, in legal terms, it means “without any loss or waiver of rights or privileges,” and is commonly invoked in two situations: In the first, documents or letters may be presented “without prejudice” during pre-trial settlement discussions. This generally indicates that the contents that follow cannot be used as evidence, taken as admission of liability or guilt or used as a precedent. However, if no agreement is reached and the case does go to court, each letter or document would be examined on its own merit to determine its significance; the mere presence of the words “without prejudice” does not in itself automatically grant it special status. In the second, cases may get dismissed with or without prejudice. In the latter case, again, it means that the case may still be pursued by anyone after this decision, that this judgment is not the final word. So if it is brought to trial again, neither party has an obligation to show that this case different from the first; the same claims can be made with the same set of evidence, as if the first trial didn’t take place at all. If a case gets dismissed “with prejudice,” this means the opposite as one can imagine – that this is in fact the final decision, and the same case cannot be brought to court for another hearing under the same set of circumstances. This can happen if the judge deems the lawsuit to have been initiated in bad faith, misrepresented or frivolously brought on. The judge is effectively saying, “no more.”	__label__cc	0.295179
Police have 'serious questions to answer' after prime suspect in Alice Gross murder is found hanged in park just a mile from where she was found - Arnis Zalkalns was prime suspect in the murder of 14-year-old Alice Gross - Police hunting the criminal found his body at Boston Manor Park yesterday - Scotland Yard officers had already searched the park on September 27 - It is not clear how long the 'badly decomposing' body had been there - Corpse has been taken to a west London mortuary for testing - Found just one mile from where Alice's body was pulled from river - Alice vanished on August 28 and Zalkalns was last spotted on September - Zalkalns was seen cycling behind schoolgirl on CCTV in west London - There were fears he had fled the country as hunt for Alice strengthened - Police said hunt for the pair was largest search since 7/7 bombings - Named as suspect on September 18 after two men were released by police - Man was convicted of stabbing his Latvian wife to death in Riga in 1997 - His landlord said he 'probably killed himself to avoid facing jail again' Scotland Yard faces fresh criticism over the handling of the Alice Gross murder after officers found the decomposing body of their prime suspect yesterday in an area that had already been searched. The body of a man, believed to be Latvian killer Arnis Zalkalns, was found in Boston Manor Park, Brentford, at around 2pm yesterday almost six weeks after the schoolgirl vanished. While police are yet to formally identify the body as his, it has been reported the man was found hanged just one mile from where Alice's body was recovered from the River Brent last week. Metropolitan Police, who described the search for Alice and her killer as the largest since the 7/7 bombings, searched the park a week ago but found nothing. Scroll down for videos Police hunting Arnis Zalkalns (left), the prime suspect in the murder of schoolgirl Alice Gross (right), have found a body in Boston Manor Park in Brentford, west London - just one mile from where Alice's body was discovered Officers set up two forensics tents in the west London park this morning as efforts to recover the 'badly decomposed' body continued A uniformed officer directs forensic officers this morning in Boston Manor Park following the discovery of the body of a man Police cordoned off the area yesterday following the discovery of the body of a man in Boston Manor Park On September 28 uniformed officers were seen searching the same area. It is not known how long the body has been in the woods though it was said to be 'badly decomposed' Police continued combing the park this afternoon for further evidence in the investigation of the murder of Alice Gross after finding the body of a man in woods The body has been taken to a west London mortuary for a post-mortem examination Specialist teams were called in to assist with the investigation after the 'badly decomposed' body was found Alice's body was discovered wrapped in plastic in an underwater grave in the River Brent on Tuesday - almost five weeks after her disappearance. While police had identified Zalkalns as a suspect, they could not locate the Latvian criminal who was convicted of killing his wife in 1997. It was suggested he had flown back to his home country after a search carried out in his home turfed up the bike he was seen riding in CCTV footage fifteen minutes after Alice on August 28. Despite combing the area a week ago, officers made the grim discovery of the 'badly decomposing' body in dense woodland at Boston Manor Park yesterday. Residents told of how the investigation had shaken the community. Linda Massey, who runs the cafe in the park, told EalingToday: 'There has been police activity within the park since around 10.00am this morning. 'Police dogs were out in force but during their initial search the park remained open. 'More police arrived and then part of the park - at the top end by the pavilion - was taped off restricting people walking down towards the canal. 'By 3.30pm the park was on complete lockdown with police posted at every entrance.' 'This is our park, we come here for walks. We also go on our bicycles near the canal, and spent a lot of time looking there after Alice went missing. 'There are areas in these woods where people don't go,' one local mother said. 'Even if it is the man they are looking for, I am not reassured. Perhaps somebody killed her, and then killed him as a witness. We just don't know.' A 57-year-old local housewife who would only give her first name, Zahra, added: 'I used to like this park, but now I feel it's not a safe place. 'I have been very upset about Alice Gross, I couldn't sleep when the body was found.' Another resident suggested Zalkalns could have been living in the park with Eastern Europeans who use it as a makeshift campsite. Officers last night erected two forensics tents in the park where the body of Arnis Zalkalns is believed to have been found Forensics experts were called to the park which was searched by officers a week ago The discovery comes exactly a week after witnesses reported seeing police search the same area of the park - underneath the M4 flyover. Previously, police had named Elthorne Park in Ealing an area of interest but found nothing when they combed the park with forensics teams. More than 600 officers across London have been involved in the hunt for Alice. After she was reported missing on September 1, officers visited the homes of her friends but were given no information as to where she could be. They then began combing parks and rivers around Hanwell, west London, where her family lives. Two weeks later, Arnis Zalkalns - who had been missing since September 3 - was named as a suspect. Police had not previously connected his disappearance with that of Alice. In the days that followed, it emerged the 41-year-old murdered his wife in Latvia in 1997, and had been arrested for the sexual assault of a 14-year-old in London. Scotland Yard then staged a reconstruction of the schoolgirl's final moments in the hope it would incite new information, and scoured hundreds of CCTV cameras for clues as to what happened. As recently as last week it was suggested Zalkalns had fled to his native Latvia, before officers revealed he could still have been in the UK. Detectives faced tough questions over why they had taken so long to enlist the help of Latvian police in their investigations. Upon the discovery of the body yesterday, it was revealed his girlfriend had not been told of the development despite police claiming to have informed her. Police have closed all entrances to Boston Manor Park in west London following the discovery of a man's body Police have been standing guard at all entrances of the park, which is close to a M4 flyover, since the discovery Told by The Mail On Sunday that the search team had found a man, Zalkalns’s partner Katerina Laiblova asked: ‘Has he been found in a good way or a bad way?’ On learning that the man found was dead, Czech-born Ms Laiblova said: ‘I hope he is innocent. I wish I could get drunk or be distressed but I can’t because I have Linda [their one-year-old daughter] to look after. 'He was a very good father.’ His sister, Jolanta Daksa, meanwhile said his death had not come as a surprise. 'We are shocked by this news but it is what we were expecting,' she told the Times, adding that she did not believe her brother had killed missing schoolgirl Alice Gross. Speaking of his previous conviction for the murder of his wife, Rudite, in 1997, she said Zalkalns had only confessed to the heinous crime because he felt guilty, as Latvian authorities believed his claim she had just gone missing. Meanwhile the man's former landlord said he believes he took his own life because he couldn't face going to jail again. Radoslav Andric, 64, owns the house where Zalkalns lived for a year-and-a-half with his Miss Laiblova. He said: 'I saw it on the news this morning. It's sad he has died. We don't know if he killed the little girl but if so what he did was terrible. 'He had been in prison for killing his wife in Latvia. He knew what prison life was like and he probably killed himself because he knew he would be caught and tried for his crimes and he did not want to be behind bars again. 'It is sad he killed himself, he should have been captured alive to face justice for what he probably did to that little girl. 'It was terrible he was let into this country, people should have known he was a convicted murderer.' At the time of his disappearance, Zalkalns had allegedly saved up thousands of pounds to bring his children to London from eastern Europe. Zalkalns, 41, has not been seen since September 3 - a week after 14-year-old Alice disappeared on August 28 The Latvian national killed his wife, Rudite Zalkalns, in Riga in 1997. They are pictured on their wedding day MPs TO QUESTION POLICE CHIEFS OVER BEGINNING STAGES OF ALICE GROSS INVESTIGATION MPs are set to haul Britain's top police officer and prosecutor to the Commons over the investigation into missing teenager Alice Gross. Scotland Yard chief Bernard Hogan Howe and the Director of Public Prosecutions Alison Saunders will be questioned amid growing anger over foreign criminals living freely in Britain. It comes after it emerged the on-the-run chief suspect in the 14-year-old's disappearance is a convicted killer from Latvia. Arnis Zalkans, 41, went missing a week after Alice vanished while walking close to the Grand Union Canal near her home in west London on August 28. CCTV shows Mr Zalkalns riding a bicycle 15 minutes later past the same spot. Home Affairs Select Committee chair Keith Vaz said it was 'absurd' that officers had not issued a European Arrest Warrant for Mr Zalkalns and vowed to get answers from Britain's most senior policeman and prosecutor once Parliament returned next month. Mr Vaz said: 'It's absurd. A European Arrest Warrant should have been applied for. 'At the very least they could have gone before a judge, who may have granted them one. UKIP leader Nigel Farage has attacked EU freedom of movement rules which stop the Government refusing entry to convicted criminals. He said: 'Convicted Latvian murderer is suspect in disappearance of Alice Gross. 'EU rules mean we can't stop people like this entering the country.' After being named as a suspect, his killing of Rudite Zalkalns was revealed. He served only seven years in jail after bludgeoning the woman and stabbing her in the heart before burying her in a grave in the woods. Upon his release, he travelled to the UK where authorities seemingly failed to pick up on the conviction. In 2009, he was arrested for sexually assaulting a teenage girl the same age as Alice. The case was dropped when the 14-year-old changed her mind about giving evidence against him. Before yesterday's discovery, David Cameron vowed to hunt down Alice's murderer and examine 'all circumstances' of the case. 'Anyone with a daughter will have just felt sickened by what has happened and what that poor family has had to go through.' 'I will look at all the circumstances of the case: what lessons there are to learn, whether that is about exchanging information or whether that's about the importance of keeping our country safe. 'I am going to look at that and I will come back to you.' His comments came after a post-mortem examination of the teenager's body was inconclusive. The post-mortem at Uxbridge mortuary took two days due to the 'complex nature' of the investigation, Scotland Yard said. In a statement, police said: 'No cause of death has been given at this time and further tests are required.' Julian Bell, leader of Ealing Council, said talks would be held with the family at a later stage over the prospect of a permanent memorial. Hundreds of messages were added to a book of condolence set up in Ealing town hall. He said people 'queued out the door' at one stage as they waited patiently in line to pay their respects. The book will eventually be passed on to Alice's family, while flags in the area were also flown at half-mast as a mark of respect. A minute's silence was also held at Brentford FC's match against Reading at Griffin Park this afternoon in memory of Alice. Earlier this week, her parents, Rosalind Hodgkiss and Jose Gross, said in a statement: 'We have been left completely devastated by the recent developments and it is difficult to comprehend that our sweet and beautiful daughter was the victim of a terrible crime. 'Why anyone would want to hurt her is something that we are struggling to come to terms with.' - For confidential support call the Samaritans in the UK on 08457 90 90 90, visit a local Samaritans branch or click here for details Zalkalns was seen cycling over the towpath at Grand Union Canal on August 28 fifteen minutes after Alice The body of a man was found just one mile from where Alice's corpse was pulled from the River Brent Forensics officers have been searching the towpath near where Alice's body was found to look for evidence Earlier this week, a cordon was put up around a shed in Isleworth believed to have been used by Zalkalns REVIEW LAUNCHED INTO POLICE HANDLING OF EARLY STAGES OF THE CASE Scotland Yard has launched an immediate review into the handling of the early stages of the Alice Gross investigation. The internal probe will examine what was done in the immediate aftermath of the 14-year-old's disappearance – the so-called 'golden hour' when most cases are solved. Initially, the Met treated the case as a missing person inquiry before the Homicide and Major Crime Command took over the investigation to find Alice on September 2. Zalkalns didn't become a prominent person of interest in the case until September 12 when officers established that he cycled along Brentford Lock. Detectives officially named him in connection with the case on September 16 and confirmed two days later that they were treating him as a suspect. However, they waited until September 20 to ask Latvian authorities for help in finding Zalkalns, despite the fact it had already emerged that he had a murder conviction in his native country. It was only yesterday, almost four weeks after the schoolgirl went missing, that it was finally confirmed that British detectives had travelled to Latvia as part of their enquiries. The Met has faced heavy criticism for its handling of the case, and has even been forced to deny that Zalkalns became a person of notable interest in the case after a newspaper reporter tipped them off. Police chiefs denied it was a journalist who first made the link between missing Zalkalns and Alice, after apparently spotting 'missing persons' posters of the pair in west London. The schoolgirl was last seen on August 28. A post-mortem examination into her death was inconclusive David Cameron has said he will examine 'all the circumstances of the case' surrounding Alice's murder THE ALICE GROSS DISAPPEARANCE: HOW THE INVESTIGATION UNFOLDED August 28: Alice leaves her home in Hanwell, west London, at 1pm, telling her mother Rosalind Hodgkiss she will be home by 6pm. At 4.26pm CCTV footage captures her walking along the canal under Trumpers Way, a bridge crossing the canal, heading towards Hanwell. September 1: Alice's family appeal for her to get in touch with them, saying they 'desperately miss her'. The Metropolitan Police say officers have spoken with her friends, carried out house-to-house inquiries and searched parks and open spaces in their efforts to trace her. September 4: Police release CCTV of the last time Alice was seen and reveal they have found a rucksack she was carrying. Her family renew their appeals for help to find her, with her mother Miss Hodgkiss saying: 'We'd like to say to Alice first of all that we miss her, that we love her and that she's not in any trouble, and we want to know that she's safe. We just want her to come home.' September 6: Police arrest a 25-year-old man in the Ealing area on suspicion of murder. Detectives also release pictures of cyclists riding past the spot where Alice was last seen. September 7: Police divers search the Grand Union Canal and a sniffer dog is brought in to help. A second man, aged 51, is arrested on suspicion of murder. Police say the two arrests are 'independent' of each other and stress it remains a missing persons inquiry. September 8: Police are granted more time to question their first suspect and later release the second with no further action. Jobbing builder Arnis Zalkalns, 41, was last seen at his home in Ealing, west London, on September 3 September 9: The man arrested is released on bail until mid-September. September 16: Detectives say they are searching for 41-year-old Latvian builder Arnis Zalkalns in relation to Alice's disappearance. He was last seen at his home in Ealing, west London, on September 3. Zalkalns is known to travel to work along a similar route to that which Alice took on the day she disappeared, police said. A 25-year-old arrested on suspicion of murder is told he will face no further action. Detectives plan an appeal for help to find Alice on BBC's Crimewatch. September 18: Police say Zalkalns is a suspect in Alice's disappearance. It is later revealed he was convicted of murdering his wife in his home country in 1998, for which he served seven years, and was also arrested on suspicion of indecent assault in the Ealing area in 2009, though no further action was taken. Scotland Yard say they understand that there was no record in the UK of Zalkalns's murder conviction. A £20,000 reward is offered for information leading to Alice's discovery. September 19: Forensic searches are carried out at Zalkalns's home in Ealing. Police find a red Trek mountain bike Zalkalns is seen riding past a point on the towpath 15 minutes after Alice was seen. Officers search a second house where he had previously lived, in Hanwell, and remove a mountain bike. September 22: Scotland Yard confirms detectives have formally requested full details of the murder conviction against Zalkalns. They reveal an international letter of request has been sent to Latvia to obtain his full case file. September 23: Detectives have travelled to Latvia in their search for Alice and prime suspect Zalkalns. A knife recovered during a search of waterways is sent for forensic analysis. September 24: Detectives say they have no power to arrest Zalkalns if he has managed to flee abroad. The investigation has so far followed 729 lines of inquiry, spoken to 1,067 people and had more than 1,000 calls, though there have been no confirmed sightings since her disappearance. September 25: Alice's family make another emotional plea for her to return home as police stage a reconstruction of her final movements four weeks after she disappeared. On the same day, Elthorne Park is declared an 'area of interest' and a forensics tent is erected. Later officers reveal they found no evidence at the site. October 1: Police confirm a body pulled from the River Brent is that of missing teenager Alice Gross. October 3: Post-mortem examinations are ruled as inconclusive. It is revealed Alice's body had been wrapped in plastic and submerged in an underwater grave, held down by logs. October 4: Police hunting for Arnis Zalkalns find a body in Boston Manor Park, just one mile from where Alice's body was found. October 5: The body of Arnis Zalkalns is taken to a west London mortuary for a post-mortem examination. The man's sister tells a British newspaper she is not surprised by news of his death. Most watched News videos - Horror prank with compressed air pipe costs life of factory worker - Jeremy Corbyn arrives for Labour Conference in Liverpool - Loose Women congratulate Christine Lampard on her new baby girl - Pippa Middleton makes appeal to help build school for deaf children - Chas and Dave's Chas Hodges dies at 74 after cancer fight - Audi driver in Derbyshire filmed in shocking road rage incident - California 'throuple' plan future together despite 'open' triad - SHOCKING moment woman threatens neighbour with knife in Plymouth - Duchess of Sussex had first date fabric sewn into wedding dress - The Queen laughs after bird ruins 2017 Christmas message recording - The shocking moment a man rides a strange vehicle down public road - Meghan Markle put Commonwealth flower designs on royal wedding veil	__label__cc	0.01987
Child Abduction Or Kidnapping When is it considered Abduction? One of the most Frequently Asked Questions for a Family Law Attorney is, “What do I do about the other parent's abduction or kidnapping of our children.” This question raises a variety of legal options in both state and federal court. The federal courts have specific laws that deal with children and family matters in the Defense of Marriage Act, Federal Criminal laws, and with respect to The Hague Abduction Convention on the Civil Aspects of International Child Abduction. A critical provision of federal law, concerning interstate and custody determinations and disputes, can be found in the Parental Kidnapping Prevention Act (PKPA). The applicable Florida law is the Uniform Child Custody Jurisdiction Act (UCCJA) and the Uniform Child Custody Judicial Enforcement Act (UCCJEA). Uniform Child-Custody Jurisdiction and Enforcement Act Florida has a law that specifically addresses the abduction of children from the state. The significant portion of this law “provides for remedies to enforce interstate child custody and visitation determinations.” There are also provisions of the law that address emergency custody situations and the enforcement of child custody orders entered in other states. Most of these situations involve a parent taking or removing a child from one state to another, in violation of a court order. When parents do not have any court orders entered to address parenting rights, visitation, decision making, or the other essential details necessary to protect parental rights, both parents must tread carefully. The lack of appropriate custody or visitation orders means that parents have not sought to obtain jurisdiction from any court to establish the kinds of orders that are essential. These orders are necessary when parents are disputing their rights. Law Enforcement will seldom intervene in a parenting dispute, unless the police have a civil court order defining parental rights and a visitation schedule. Therefore, in the absence of a court order that describes the physical care of a child, both parents will have equal rights and the police will usually not interfere or dictate which parent has greater rights than the other. An abduction of a child usually occurs when a parent takes a child out of the state without consent of the other parent and/or in violation of a court order. Another way that abduction can occur is if the child is “wrongfully retained.” The wrongful retention of a child means that a parent is under orders to return a child to the other parent, and has failed to do so. A kidnapping is criminal law that requires the intervention of police. There have been many notable cases over the past few years that have involved child abduction and kidnapping, none bigger than the case of David Goldman. David is the father of a child who was kept in South America by the child's maternal grandmother. Over the course of many years, David fought for custody and the return of his son, Sean. By vigorously pursuing his fight in at the state court level, in New Jersey as well as, the court in Brazil, David and Sean were ultimately reunited for their return to the United States. Any parent who believes that their child has been kidnapped by the other parent or someone else should immediately contact law enforcement. The best course of action when a child is abducted or removed, in violation of an existing court order, is to have an extremely well-qualified Family Law Lawyer, working aggressively for the preservation of that parent's rights. Call Gordon N. Shayne for a FREE CONSULTATION* today!	__label__cc	0.032356
There is curiosity surrounding Hakeem Pinckney accident. Pinckney was hospitalized following a car accident and unfortunately passed away two years later, leaving many people wanting more details about his story. His accident and death continue to be a topic of interest to many. Hakeem Pinckney, a deaf African-American man, made an indelible mark on the South Carolina School for the Deaf and Blind as a talented athlete. He was widely recognized for his exceptional abilities in various sports and represented his school in several competitions. Unfortunately, Pinckney’s life was tragic in 2009 when he was involved in a severe traffic accident. The incident caused a profound impact on his family, friends, and the entire community, as they all came together to offer support and assistance to his loved ones during this challenging time. Hakeem Pinckney Accident – What Happened? Case Details Hakeem’s life took a tragic turn when he was involved in a devastating car accident in 2009. The impact of the crash was so severe that Hakeem was left paralyzed from the neck down, and for the next two years, he needed the assistance of a ventilator to breathe. The accident also left his mother, Pamela, and cousin, Natarsha, with severe injuries. A significant lawsuit was filed against a tire Company because of the car accident. The lawsuit said that problems with the tires caused the accident. Hakeem was forced to undergo extensive medical treatment, including a lengthy stay in the intensive care unit at MUSC, where he fought for his life. After months in the ICU, Hakeem was transferred to Pruitt Health North Augusta, a long-term care facility. Although he faced significant challenges, Hakeem progressed toward regaining some physical functions. Despite the challenges he faced, he was determined to live every day of life as possible. However, tragedy struck again in 2011 when Hakeem’s ventilator was mysteriously unplugged at the care facility, leading to his death. According to Hakeem’s lawyer, this unplugging was a conscious act, and an investigation was launched into the circumstances surrounding his death. Despite the tragic end to his life, Hakeem’s mother notes that he was conscious six months before passing away, could communicate, and even breathed independently for short periods. Hakeem Pinckney Case Details In August 2009, Pamela Pinckney was driving with her son, daughter, and niece on Interstate 95 in South Carolina’s coastal Lowcountry en route to a Family Dollar store to buy milk. Suddenly, her SUV swerved uncontrollably and flipped over multiple times. The accident left Pamela with various injuries, including two broken ankles and broken bones in her knee, thigh, shoulder, and neck. Her passengers were also hurt, with her son Hakeem sustaining a spinal cord injury that paralyzed him. Following the accident, Pamela was approached by attorney Alex Murdaugh, who offered to represent her in a lawsuit against the tire manufacturer. Despite the settlement, the Pinckney family continued to face challenges. Hakeem’s paralysis was a life-altering event, requiring extensive medical care for the rest of his life. Tragically, Hakeem passed away some years later, and the family once again turned to Alex Murdaugh for legal assistance. Attorney Alex Murdaugh allegedly stole around $1 million from the Pinckney family, who he represented in a lawsuit against a tire manufacturer. Murdaugh is accused of using a web of schemes involving his friends, including an attorney and a bank CEO, of defrauding the family. The family claims they never received any settlement money, and Murdaugh has resigned from his law firm. An investigation by the South Carolina Bar Association is ongoing. Hakeem Pinckney Family Pamela Pinckney, Hakeem’s mother, was there with him during the car accident. At just three years old, Hakeem was diagnosed with profound hearing loss, which presented significant challenges for him and his family. While little is known about Hakeem’s family beyond his mother, he is believed to have a sister and a cousin who were also involved in the accident.	__label__cc	0.165567
Even as alternative fees continue to creep into the practice of law, attorneys and law firms in the main continue to bill their clients on an hourly basis. Even in value billing options, time spent continues to be a major factor in developing alternative fees, such that smart lawyers building out more client-friendly payment terms keep track of their time, and factor it into the value proposition, including by making adjustments to value over time. Since everything an attorney does directly or indirectly relates back to the time that the lawyer spends, it will remain essential for lawyers to effectively record and bill for time. Of course, most attorneys hate being chained to time sheets. That’s only natural. People want their work to be tied to a quality metric, not a clock. Lawyers feel the same way, even if the profession has traditionally bucked against that view of a practitioner’s workflow. The key becomes making time capture and billing and collecting more seamless so that those processes don’t so often intrude on the attorney’s workday. Fortunately, it’s a great time to adopt new business management measures, since a number of technological and strategic advantages are available to modern lawyers. You might be surprised to learn just how many lawyers, young ones included, keep track of time via antiquated paper and pen or electronic document-based models. The problem with systems like these is two-fold: It disrupts workflow, especially paper-based timesheets, which force you to move off of your device, where you do most of your work, into another medium. Even if you’re using an electronic document to record your time, you’re likely shifting perspective to make notes. Secondly, this forces a redundant task: you’re not sending paper sheets or raw Word documents to your client for invoicing. So, somebody (you or a staff member) has to then convert your time to another medium or program, to create a bill. This may be the biggest time-waster in legal practice. The solution to this mess is only tracking time once. In the first place, you should be looking at using a holistic system to run your law firm, like a case management program. Every case management system on the market includes a time tracking tool. So, get a case management system and access it via all your devices, to keep track of your time as you work. Tag the time spent on specific clients and generate an invoice with a single click. If you’re not interested in a case management system, then select a time capture app that allows you to export time logs to create invoices more quickly. If your particular speed bump happens to be the “manual” part of manual time entry, programs will track your device usage to create a time log. Write an email to a client, draft a document, run a search, and it’s all automatically captured. Since the integration of software is now heavily in vogue, many of these automated time tracking tools will utilize your contacts information to relate certain activities to certain clients, and you’ll also be able to export time tracking data directly to your billing system. The application of an automated time tracking program is also helpful for another reason: it can show you when you’re not working. It’s helpful to know, for example, whether you spent two hours on Tuesday afternoon working on that brief or playing Fortnite. It’s useful to know when you’re not billing, just what you were doing instead. If you find that you’re distracted every Tuesday afternoon at 2:00 pm, maybe that’s when you work out or take a nap to recharge. Or, maybe you were having lunch with a colleague, trying to develop a new referral source—an automatic time tracker would log that time as “away,” and you could then label it “marketing.” Studies suggest that solo and small firm lawyers may not even collect on 25% of the time they spend working. A big reason for that is that lawyers don’t make data-centric decisions, even if many other professions have already moved to that model. In the realm of time capture, it is fair to say that lawyers don’t often scrutinize the time they spend. They are generally very reactive about putting out daily fires and billing as much as they can around those. But, if attorneys took time to delve deeper into how they spend their time, they’d make better use of it, bill more, and collect more. Time capture and billing are only two points of a law firm’s financial triangle; and, the third is collections. Collectible bills, however, come in several varieties. One of the reasons why law firms generate reports on ‘aged’ accounts receivable (usually for 30 days, 60 days, and 90 days late), is to get a better sense of what they can collect. The longer an account stays open, the less likely it is to actually be collected. There are, however, two useful ways to combat the accounts receivable void. One is to collect more of them. Sounds simple, right? But it’s almost impossible without an effective process in place. So, you should develop an internal system for collections. Set down follow-up methods and timing. Decide when a bill will move into the collections phase. Figure out how and when you will charge late fees. Draw up your policies, and make sure everyone in the office with responsibility for payment collections follows them. Otherwise, those accounts receivable will continue to stagnate, and you won’t ever see that money. The other solution is even more obvious: get paid more upfront, more often. Law firms that bill by the hour get paid after they do the work, placing a massive collections risk upon themselves. Law firms that use alternative or value billing can get paid in advance. Many law firms dislike trust account management (usually a necessary precursor for getting paid in advance), so they prefer hourly billing and later payment. But, if you want to make more money, you’ll tend to your trust accounting responsibilities, and get paid first. Of course, a number of methods can be used to get paid before you work, including traditional retainers, evergreen retainers, and flat fees, among others. So, pick the mix that works for you, and start getting paid in advance. Certainly, it’s easier to get paid in advance when you have a simple method for managing the payment process. That is where online payments made via credit or debit card can really help law firms to boost their bottom lines. Studies show that law firms accepting online payments get paid more (often) and get paid faster. You also shift the collection risk by taking payments in this fashion. The client now pays by credit card, and the payment plan is ostensibly set up with the credit card provider directly, and not with you. Many law firm clients also do not have the funds for paying a lawyer’s retainer in the bank at any given time. If you’re asking your potential clients for a $5,000 retainer, for example, and you need a blank check, your potential clients may have to scramble for those funds, or seek another attorney if an alternative payment method is not presented. If the issue is important enough for your client to get resolved, and they believe you are the right solution provider, don’t give them an easy excuse to move on and pay your competitor the same amount of money, just in a different way. While many law firms still balk at the prospect of paying processing fees for these types of payments, the fees are minimal given the much larger amount of income you are potentially leaving on the table by avoiding these options. The Value of Delegation The way you make money as a lawyer is by practicing at the top of your law license; that is, you’re performing, as often as possible, the high-level substantive work that attorneys get paid top dollar to do. For instance, you’re creating a litigation strategy, not scheduling an initial client consultation. Or you’re drafting an answer to a complaint, not creating the first draft of a simple will. If you have staff and/or associates, use them to perform lower-leverage work, and save the higher-leverage work for yourself. Think of yourself as the elite closer in a Major League Baseball bullpen: you have set-up players. So, sit down and aggregate all of your tasks into three categories: 1) substantive work that only you can/should do; 2) substantive work that others can do; 3) administrative tasks. Then, try only to touch category 1. You’ll feel more accomplished, you’ll make more money and you’ll be happier. You hired your staff because they’re smart and hardworking: let them create and manage workflows, which you can approve and oversee. And, before you know it, your law firm will be functioning like a well-oiled machine. About the Author Jared D. Correia is the founder and CEO of Red Cave Law Firm Consulting, which offers subscription-based law firm business management consulting and technology services for solo and small law firms. Follow him on Twitter @RedCaveLegal.	__label__cc	0.026732
Subscribe to receive our Floor Reports covering all the action on the Texas House and Senate floor! This bill as passed by the Senate was intended to establish a new crime called sexual coercion. A person would commit this crime if they make threats with the intention of coercing another person to engage in sexual conduct. The new offense also includes a threat against property, or reputation, or if someone threatens to distribute intimate visual material, with the intention of coercing another person to engage in sexual conduct or to produce, provide, or distribute intimate visual material. It would also constitute an offense if a person knowingly causes another person to engage in sexual conduct, or to produce explicit visual material by means of a threat. If this bill were to pass, the method of communication used to make the threat would include any electronic means. The House committee substitute to SB 2238 includes the language of SB 967 and HB 142, both of which we opposed as standalone bills. The House committee substitute also added the language of HB 1810 which we supported as a standalone bill. We supported SB 2238 as it appeared in the Senate. We supported HB 1810 as a standalone bill. We oppose HB 142 and SB 967. Due to the inclusion of the HB 142 and SB 967 language we have changed our position on this bill to oppose. We would withdraw our opposition and support the bill if amended to remove the HB 142 and SB 967 language.	__label__cc	0.028475
Hacker group anonymous has hit a security firm based in Austin, Texas called Stratfor. The hackers are alleging that they were able to gain access to the security firm’s servers and steal detailed information on customers, including credit card details. Anonymous claims that they could steal the detailed information because Stratfor didn’t encrypt the data. For now, Stratfor has suspended operations on its servers and via email while it investigates the attack. A person posted online claiming to be a member of Anonymous and claims that the hacker group had used the credit card details that were stolen in the attack to donate more than a million dollars to various charities. That claim is unconfirmed for now. As of now, the Stratfor site and servers will remain closed for an unknown period until the hack is investigated, and the security issue that allowed access is found. Stratfor says that the stolen details were a list of some members who had purchased their publications Stratfor offers. The company went on to say that, the list doesn’t show individuals or entities that have a relationship with Stratfor. The security firm counts some big companies among its clients, including the US Defense Department and law enforcement agencies.	__label__cc	0.021842
- Roads and Highways - 2 min read HC asks NHAI to respond to plea challenging collection of double toll tax from vehicles without FASTag The Delhi High Court sought on Friday the response of the National Highways Authority of India (NHAI) and the Centre to a plea challenging the rule making it compulsory for vehicles without FASTag to pay double the the toll tax. A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad issued notices to the NHAI and the Ministry of Road Transport and Highways (MoRT&H) on the petition which contended that the rule was discriminatory, arbitrary and against public interest as it empowers the NHAI to collect toll at double the rate, if paid in cash. The high court granted four weeks to the authorities to file their replies and listed the matter for further hearing on April 18. Petitioner Ravinder Tyagi, represented by advocate Praveen Agrawal, has sought the quashing of a provision of the National Highway Fees (Determination of Rates and Collection) Amendment Rules, 2020 read with MoRT&H letters and NHAI circular due to which commuters without a FASTag on their vehicles are bound to pay double the toll tax. FASTag is a device that employs Radio Frequency Identification (RFID) technology for making toll payments directly while the vehicle is in motion. FASTag (RFID Tag) is affixed on the windscreen of the vehicle and enables a customer to make the toll payments directly from the account which is linked to it. The plea said these rules and the circular convert all the toll lanes to 100 per cent FASTag lanes with the consequence that commuters not having a functional FASTag are compelled to pay double the toll amount. The petitioner, a lawyer, claimed he was compelled to install a FASTag device in his car because of the compulsion of paying double the toll in cash. He said before installing the FASTag he had paid toll tax at double the rate. He referred to the agony of the commuters that he saw during his visits from Delhi to Faridabad in Haryana. The plea said the petitioner had made a representation to the NHAI and the ministry but he was not satisfied with the response after which he approached the high court. He sought a direction to the authorities concerned to stop the practice of collecting double toll tax, saying it was violative of Article 14 (equality before law) and 19 (freedom of speech and expression) of the Constitution.	__label__cc	0.039729
Codification of Director’s Duties Written by 07th September 2014on The increased focus on corporate governance, and the development of corporate governance regimes generally, has placed an even greater spotlight on directors to ensure that they closely adhere to their duties and obligations. There are severe consequences for directors who have not taken their duties seriously and have not carried out their duties to the best of their ability, which may result in them being found personally liable and subject to civil or criminal sanctions. Part 5 of the Companies Act 2014 (the Act) consolidates the duties and responsibilities of directors in in one unified code for clarity and transparency. Who will the regime apply to? The new regime will apply to all directors, including those that have been formally appointed, de facto directors (a common law concept now given legislative recognition under the Act), shadow directors and secretaries. Secretaries are also dealt with in the Act but they are not subject to the same duties as directors, reflecting the fact that their duties are those that have been delegated by the board of directors. Main fiduciary duties of a director When the Act is commenced it will have a significant impact on company law. For the first time, the Act lists the eight main fiduciary duties of directors in one place and these are listed below: - to act in good faith, in what the director considers to be the best interests of the company. - to act honestly and responsibly in relation to the company's affairs. - to act in accordance with the company's constitution and to exercise powers only for lawful purposes. - not to use company property for their own or others' personal gain unless approved by the company's members or agreed to in the company's constitution. - not to fetter discretion unless permitted by the company's constitution or entered into in the company's interests. - to avoid conflicts of interest. - to exercise care, skill and diligence. - to have regard to the interests of the company's members. The last point will be particularly relevant to directors who are shareholders themselves, or who may have been appointed to look after a shareholder, or a group of shareholders' interests, under the constitution of the company or a shareholders' agreement. They will have to act in the interests of the shareholder group as a whole and not simply their own or that of the shareholder who appointed them. General duties of directors The Act also includes a number of general duties for directors. - Directors must ensure compliance with the Companies Act and the various tax acts. - Directors must ensure that the company secretary is suitably qualified. - Directors must acknowledge the existence of their duties by signing a declaration to that effect. - Directors must take into account the interests of the members of the company and have regard to the interests of the employees. - Restrictions on loans, quasi loans, credit transactions and certain guarantees and security exist for directors, but will be subject to the new summary approval procedure. - Directors must disclose any interests in contracts made by the company. - Directors must notify the company of any interests in shares in the company, its parent or subsidiary but no obligation arises if the shares held represent less than 1% of the share capital of the company or the shares do not have voting rights. Directors who are found to be in breach of their duties will be liable to account for any gains accrued and must indemnify companies for losses resulting from any breaches of duties. A court may grant relief from liability where it is satisfied that a director acted honestly and reasonably at all times. The Act sees the reintroduction of the compliance statement: directors of companies, who meet certain thresholds, will be required to produce a compliance statement confirming compliance with company law and tax law for inclusion in the directors' report. This requirement will only apply to the larger private companies or publicly-quoted companies and we will be in contact with those clients that are caught by these provisions. The Companies Act 2014 is expected to come into force on 1 June 2015. The codification of directors' duties in one place will greatly assist directors in identifying what is required of them. If you require any further information regarding this matter please let us know and we would be happy to assist you in interpreting these requirements.	__label__cc	0.034296
I had a provisional application with a partner. We let the provisional expire.Now he has filed an international pat excluding me I had a provisional patent with a partner. I conceived the idea without any input from this partner. His only role in the provisional was that he helped me write it up for submission. We had a falling out do to the fact that he was not entitled to be on the patent. So I let the provisional expire. He has now filed for an international patent excluding me. Do I have any legal recourse? 6 attorney answers You should speak to a Registered Patent Attorney. How do you know he filed a PCT? Have you seen it? If he made significant changes or improvements, he might in fact be an inventor. There are a lot of questions that need discussion. If he is not the true inventor, you may have recourse but this can only be determined after an evaluation of both the provisional and the PCT. If you are in fact an inventor but not named in the patent application, yes, there are various expedients that you could discuss with a patent attorney. One is to file your own patent application. Another is to communicate with his patent lawyer, requesting that your name be added to the PCT application as an inventor and applicant. Another would be to run a lawsuit along the lines of Stark v. Advanced Magnetics. Note that ownership of a patent is not necessarily the same thing as inventorship. This posting is intended for general education and isn't "legal advice." It doesn't create or evidence an attorney-client relationship. You are encouraged to engage an attorney in the pertinent jurisdiction for confidential legal advice on matters of any importance. -Gerry J. Elman, J.D. Elman Technology Law, P.C. Swarthmore, PA www.elman.com Sounds like you had filed a Provisional Patent application which by no means gives the listed inventors a "patent." Instead, the inventors got a filing date, patent pending status and a one year time limit to file a non-provisional application directed to the same invention. After the expiration of the one-year deadline, the inventors lose their filing-priority date. You may have some legal recourse in the litigation context and there might be ways to interfere or intervene in the pending application filed by your old partner. I recommend you consult a competent patent attorney/litigator in your area ASAP. The information contained herein shall not be construed as legal advice and there is no attorney-client relationship formed by virtue of it. Q:"I had a provisional patent with a partner. A: No you didn't, you at most had an application. Q:"I conceived the idea without any input from this partner. His only role in the provisional was that he helped me write it up for submission." A: So you are going to admit to filing a fraudulent patent application? If he was named as an inventor on the PPA as you imply, to now say he was not an inventor implies fraud on your part and his part. Q:" We had a falling out do to the fact that he was not entitled to be on the patent. So I let the provisional expire. " A: He appears to disagree to your version of "the fact". Q:"He has now filed for an international patent excluding me. Do I have any legal recourse?" A: Yes, perhaps. An application can be filed in the name of an assignee now in the US, so perhaps you are just confused. If you are a co-inventor, your attorney can take various steps to get your name added as inventor and/or to get the other named inventor removed. It is foolish to try to do that on your own. There is a major problem with the patent application if you were deliberately and fraudulently left off that could render it invalid if not corrected in the proper way. I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction. Let me understand this. You committed FRAUD and you admit it here. You should hire an Attorney ASAP. I could explain my conclusion but I am afraid you would deeper into doodoo if you do not contact an Attorney with whom you can discuss things confidentially. You cannot use a free attorney because of your confession, you MUST hire an attorney to preserve whatever issues you did in addition to the confession. USPTO Registered Patent Attorney, Master of Intellectual Property law, MBA I am neither your attorney, nor my answers or comments in AVVO.com create an attorney-client relationship with you. You may accept or disregard my free advice in AVVO.com at your own risk. I am a Patent Attorney, admitted to the USPTO and to the Florida Bar. Short Answer: Perhaps! In the U.S., applications can only be filed in the name of the true inventor. If he has filed a PCT, you should consider consulting an attorney to see what your rights are. Good Luck.	__label__cc	0.116759
Anytime you hire a new employee, whether they are full time, part time, permanent or temporary you should have an employment agreement. It should be signed by your new employee before their first day of work. Instead of a verbal agreement, it provides employment details in written form. Both parties can make reference to it if disputes arise. It ensures that intellectual property developed by your employee remains your company’s property. It helps protect your company's confidential information. Start early: Discuss job and salary details with your potential employee prior to creating the agreement. Be Specific: Provide detail when describing the employee's duties. Get it signed: Have the employee sign it before they start work.	__label__cc	0.041617
Civil jury selection 1997 cumulative supplement trial practice library trial techniques jul 14 2020 posted by harold robbins publishing text id 3877b583 online pdf ebook epub library parties to question potential jurors from a pool of jury 17 indeed civil jury trials are very much a tort law phenomenon for example in over 70 of all civil trials to a jury in. Civil jury selection 1998 cumulative supplement current through may 16 1997 trial practice library. Amazonin buy civil jury selection 2e 1998 cumulative supplement trial practice library trial techniques book online at best prices in india on amazonin read civil jury selection 2e 1998 cumulative supplement trial practice library trial techniques book reviews author details and more at amazonin free delivery on qualified orders. Civil jury selection 1996 cumulative supplement trial practice library amazonde werchick arne fremdsprachige bucher. When civil disputes reach the date of trialafter pre trial proceedings have finished pools of potential jurors otherwise known as the venire are generally waiting at the venue from which defendants and plaintiffs will agree upon to use in their trial excluded from jury pools are those individuals who are deemed unfit for jury duty according to local state and federal statues however How it works: 1. Register Trial Account. 2. Download The Books as you like ( Personal use )	__label__cc	0.060935
"Once a red flag is raised on the type of investment, there is then a duty to investigate the investment to a higher level to avoid consumer detriment, assessing things like risk of insolvency. "This would also apply to investments of a similar type to the specific one that had been flagged. "If the information on an investment type being high risk is in the public domain, providers would not be able to claim ignorance and reduce their liability by avoiding doing additional due diligence." The issue in the Berkeley Burke case stems from client Wayne Charlton bringing a complaint to the Fos in respect of the loss of his personal pension which he had invested in a Sipp administered by Berkeley Burke in 2011. The investments in the Sipp included an interest in Sustainable AgroEnergy PLC, a company which purported to extract biofuel from trees grown in Cambodia. In 2012 Sustainable AgroEnergy PLC entered receivership following intervention by the Serious Fraud Office as part of a criminal investigation. Berkeley Burke maintained it had not given any advice to Wayne Charlton and said it intended to seek judicial review of the ombudsman's decision. An initial decision by the Fos upholding the complaint had conflicted with a decision previously provided by the Pensions Ombudsman which had similar facts. Berkeley Burke had argued the Fos had erred in law by finding the firm had not been required to execute Mr. Charlton's specific instructions in accordance with Cobs rules and by failing to follow previous decisions of the Pensions Ombudsman. The case was heard in the High Court over three days earlier this month. The judge ultimately ruled the Fos was right in considering the merits of the case independently of previous cases heard by other ombudsmen. He also said the Fos was right in its interpretation of FCA rules and principles to come to its decision of what is 'fair and reasonable'. A judgement is still pending on the Carey case, where the judge is considering the same issue of due diligence. A spokesman for James Hay said: "We undertake appropriate due diligence consistent with regulatory requirements and guidance. Our approach to due diligence remains under continuous review and we will take into account industry best practice and other developments including FOS adjudications and court decisions. "It’s important to note that we stopped accepting new non-standard investments in 2017."	__label__cc	0.018487
Can an Employer Require Female Employees to Wear Makeup? In the historic case, Price Waterhouse v. Hopkins, the Supreme Court ruled in the plaintiff's favor in a sex discrimination case when she was passed over for a promotion after receiving evaluations from male supervisors that said she should “walk more femininely, talk more femininely, dress more femininely, wear make-up, have her hair styled, and wear jewelry." However, the courts made a distinction between cases that involve passing over an employee in a manner such as this and in establishing a grooming code, provided that the employer comply with certain requirements. Grooming and Dress Code An employer may legally establish a dress code for employees that requires female employees to wear makeup. Similarly, an employer can set parameters regarding appropriate dress and grooming, including prohibiting women from wearing too much makeup. Employees who believe that they have been discriminated against because of their sex typically pursue a Title VII claim, but cases dealing with dress codes have generally upheld an employer having a makeup policy. Maintaining a Public Image An employer can require female employees to wear makeup to present a "professional image." This is especially true if the employees are expected to be around the public, which justifies imposing more rules on some employees in comparison to others. Some jobs that may require employees to wear makeup include waiters, bartenders, newscasters, reporters and retail associates. Bona Fide Occupational Qualification An employer may refuse to hire or promote a person for not wearing makeup if this characteristic is considered a "Bona Fide Occupational Qualification" of the job. This means that this characteristic is reasonably necessary to complete the job. Employers can legally require women to wear makeup as part of an established dress code; they can impose such restrictions on female employees while not burdening male employees at a similar level. While some plaintiffs have tried to show that requiring women to wear makeup takes more time and costs more money, thus being a greater burden on women than men, these arguments have not proven successful as of the date of publication. Courts may also assess whether a dress or grooming code complies with social norms in determining whether a policy is valid. If the policy has an adverse effect on individuals of a certain racial group, the policy may be unlawful. - Lawyers.com: Behavior Restrictions at Work - Nolo.com: Dress Codes and Grooming Codes in the Workplace - Legal Match: Makeup Requirements In The Workplace Lawyers - Legal Information Institute: 42 USC § 2000e–2 - Unlawful Employment Practices - Berkely Law: Gender Discrimination—Pregnancy, Childbirth, Gender Nonconformity, and Sex Plus Samantha Kemp is a lawyer for a general practice firm. She has been writing professionally since 2009. Her articles focus on legal issues, personal finance, business and education. Kemp acquired her JD from the University of Arkansas School of Law. She also has degrees in economics and business and teaching.	__label__cc	0.045558
Nightlight maybe used to be a good agency - but they are not anymore. Specifically the International Adoption Program for Haiti - based in Loveland Colorado. Countless mistakes (paperwork, poorly translated documents, outdated forms) were made from their end delaying adoptions for months and months. They communicate infrequently and are also defensive and aggressive if you question the process at all. When faced with owning up to their errors they will blame you for "not understanding the paperwork". They also ignored a complaint from a parent of an abuse scandal at an orphanage (suspected in 2015) till 2017 when they were forced to face the issue when 5 confirmed cases of the abuse came to light after testing was done on one of of the children home in the US. If I could give zero stars I would. Our experience was awful.	__label__cc	0.032402
Cutting Right to the Chase Vol.2 - 10x1000 word stories of unusual crimes by Stefania Mattana The flash fiction detective saga involving former MET office Chase Williams continues, and gets even darker than ever. Chase stumbles upon everyday crime stories involving stigmatized people in modern society. Depression, euthanasia, fame and drugs are themes that can easily turn into crime offences. Take Chase’s lead and discover the daily dark side of the most genuine Italy.	__label__cc	0.127554
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Getting into an accident can be a traumatic experience that often leaves people feeling vulnerable and confused. After an accident, figuring out what to do next and how to navigate the legal system can be difficult, which is where an accident lawyer can help. A good accident lawyer can guide you through the process and ensure that you receive the compensation you deserve. This guide will decode the process of working with an accident lawyer and provide you with the information you need to make the right decision. Why You Need an Accident Lawyer If you've been in an accident, hiring an accident lawyer is crucial. An accident lawyer can provide you with the legal guidance you need to navigate the often-complex legal system. They will ensure that you know your rights and help you to file all necessary paperwork. Additionally, an accident lawyer can help you negotiate with insurance companies and other involved parties to ensure that you receive fair compensation. Steps Involved in Working with an Accident Lawyer The first step in working with an accident lawyer is to schedule a consultation. During this initial meeting, the lawyer will evaluate your case and discuss the legal options available to you. Once you've decided to hire a lawyer, they will begin investigating the accident, gathering evidence, and talking to witnesses. They will also communicate with insurance companies and other involved parties to negotiate a settlement or take the case to court. Throughout the process, your lawyer will keep you informed and answer any questions you may have. How to Choose the Right Accident Lawyer When choosing an accident lawyer, it's important to do your research. Start by asking friends and family for referrals, and use online reviews to make a list of potential lawyers. Look for a lawyer who specializes in your type of case and has a proven track record of success. Additionally, make sure that the lawyer is someone you feel comfortable working with. What to Expect from Your Accident Lawyer Working with an accident lawyer can be a complex process, but it's important to have realistic expectations. Your lawyer will work hard to ensure that you receive fair compensation for your injuries, but it's important to remember that this can take time. Additionally, you should expect your lawyer to communicate with you regularly and keep you informed about the progress of your case. If you've been in an accident, working with an accident lawyer is essential. They can provide you with the legal guidance and support you need to navigate the often complex legal system and ensure that you receive fair compensation for your injuries. By understanding the process of working with an accident lawyer and knowing what to expect, you can feel confident that you're making the right decision for you and your case. Remember to choose a lawyer you feel comfortable working with, and always communicate openly and honestly about your case. With the right lawyer on your side, you can focus on your recovery and leave the legal details to the experts. For more information, contact an accident lawyer in your area.	__label__hq	0.785038
Name of Resource ACT - Action, Collaboration, Transformation Platform for co-operation, Monitoring and enforcement mechanism Country / jurisdiction Date of initial launch ACT (Action, Collaboration, Transformation) is an agreement between global brands and retailers and trade unions to transform the garment and textile industry and achieve living wages for workers through industry-wide collective bargaining linked to purchasing practices. ACT is a global commitment on living wages in the sector that provides a framework through which all relevant actors, including brands and retailers, trade unions, manufacturers, and governments, can exercise their responsibility and role in achieving living wages. ACT members have agreed the following the principles: a joint approach is needed where all participants in global supply chains assume their respective responsibilities in achieving freedom of association, collective bargaining and living wages; agreement on a living wage should be reached through collective bargaining between employers and workers and their representatives, at national industry levels; workers must be free and able to exercise their right to organize and bargain collectively in accordance with International Labour Organization Conventions.	__label__cc	0.022198
I’m Takashi Akeyama, a representative of the Niseko VISA & Immigration Support Centre. As the only Administrative scrivener(行政書士) office in Hokkaido specializing in VISA & Immigration and tourism, we help foreigners living in Hokkaido, mainly in Niseko, Otaru and Sapporo areas, to apply new or extend VISA, to change the status, such as working visas and spouse visas etc. The way for foreigners to stay in Japan without changing their nationality and without having complicated procedures to extend the visa, is to obtain “Permanent Resident” visa. Compared with working visa holders, the conditions and requirements to apply Permanent Resident visa are easier for spouse of Japanese. In this article, I will explain the conditions and requirements for spouse of Japanese to obtain a permanent residence visa. Residence requirements for spouse of Japanese to applying for Permanent Resident visa.【居住要件】 The calculation of the years of residence requirement depends on how long the couple has been married and in which country they have lived since their marriage. （１） If you have always lived in Japan after marriage. In this case, the requirement is that the couple must have “continuously resided in Japan for at least three years” after the marriage. （２） If the couple has a history of living outside Japan after marriage. In this case, the requirements are that the marriage has continued for at least three years and that the couple has continuously lived in Japan for at least one year.The couples who came to Japan after getting married abroad. The couples who were married in Japan and then moved abroad together and returned to Japan. For example, the couple have been married abroad for two years and then come to Japan together and have lived for one year, or the couple married in Japan is assigned to an overseas posting six months after their marriage, return to Japan at the end of their 18-month posting period, and then spend one year in Japan. （３） Meaning of ‘ continuously ‘ The word ‘ continuously ‘ precedes the number of years required above. What does this mean? ①Those who have never left Japan after entering the country and have always lived in Japan. →As you can read, this means that the person has ” continuously“ lived in Japan, so there is no problem. ②Those who have left Japan several times. →Those who have left Japan on private trips for wedding ceremonies, funerals and other private occasions in their home country, or for business trips by orders from their employer. Those who have repeatedly entered and left Japan. In the case of such persons, (i) If the number of days per departure from Japan does not exceed approximately three months (90 days), or (ii) The total number of days of departure from Japan in a year does not exceed approximately 100 days. then you are considered to have ” continuously ” lived in Japan for that period. It is important to note that, regarding (ii), even if you leave Japan for less than three months at one time, when the total number of days you leave Japan exceeds 100 days in a year, the count of the days you stayed in Japan up to that point will be reset. For example, if you leave Japan four times in a year for 30 days each time, each time is within 90 days, so the (i) is OK. However, since the total number of days of departure from Japan is 120 days, the (ii) is exceeded. Therefore, the count of the days of stay up to that point will be reset. A new count stars from the date of re-entry into Japan, after this point, they have to “continuously ” lived in Japan for one or three years to meet the requirement. “Actual married life” is required.【実態のある結婚生活】 After marriage, the marriage must have been in existence for at least three years. What exactly does this “actual married life” mean? First of all, you must be living together with your Japanese spouse in the same house. If the registration procedure has been completed, but the foreigner has been lived abroad separately for three years and not lived together, it cannot be said that the actual marriage has continued. What type of visa do I need after marriage?【結婚後のビザの種類】 The type of visa for a foreign spouse does not have to be a ‘spouse of Japanese’ visa. If they continued to work after marriage, some people do not change from working visa. Even such persons meet the requirements for a Permanent Resident visa if they have legally completed formal marriage procedures and have been in actual marriage for at least three years. “Household income” requirement【生計要件】 There is no household income requirement for foreigners married to Japanese. However, the Japanese spouse should have an income at least 3.5 million yen per year, in order to live with their spouse. (1) Have not violated Japanese laws and regulations and have not been sentenced to imprisonment, imprisonment or a fine. (ii) Have not repeatedly committed illegal acts, violations or acts that disturb public morals in their daily or social life. (iii) have fulfilled their official obligations as a Japanese national (paying taxes and pensions). When a spouse of Japanese wants to change to Permanent Residence visa, “residence” and “household income” requirements are different from the person changing from a working visa. For foreigners married with Japanese, the “residence requirements” is greatly mitigated. Household income requirements are also easier to fulfil. On the other hand, as the behavior requirements remain the same, it is necessary to ensure that taxes, social insurance and pension premium are paid on time and in full. The residence requirement for application is relatively short – one year or three years – so if you continue to keep it from an early stage, you should be able to fulfil the application requirements quickly. The Niseko VISA & Immigration Support Centre help and support foreign nationals who are trying to overcome language, cultural and custom barriers and live as a member of Japanese society. If you have any questions or enquiries about this article, or about the conditions or procedural aspects of applying for Permanent Residence, please feel free to contact us by phone or via the ‘Free Consultation Form’ on our website.	__label__cc	0.039063
Texas GOP is Influencing Harsh Abortion Laws Across the Country We know the most effective way to lower the number of abortions is through sex education and expanding affordable contraception options. However, pro-lifers are still determined that the only possible way to stop abortions is by forcing women to either carry unwanted pregnancies to term or resort to back alley abortions. There are already cases of Texas women going to Mexico to obtain abortifacients of questionable quality and safety. To keep in step with this thinking, they are still working to create harmful abortion restrictions under the thin guise of medical safety. Texans are continuing the fight against the harsh restrictions that are separating them from the medical care that many desperately need. Workers hold vigils when their clinics are shut down, and recently two Dallas doctors settled a lawsuit and will be able to continue providing abortions after being refused admitting privileges at a hospital (a requirement of HB2). These fights aren’t isolated to the Lone Star state. Across the country, states are enacting harsh legislation to restrict a woman’s right to choose and are doing it under the guise of caring for their health. The most recently hit states have been Michigan, Oklahoma, Arizona, Missouri, and Louisiana. - In Michigan, three lawmakers posed with magazines like Glamour and Harper’s Bazaar in a tweet captioned, “Don’t say we don’t understand women”. They did this after voting for a provision that would bar private insurers from covering almost all abortions, including some that are medically necessary. - Oklahoma followed in the footsteps of Texas when Gov. Fallin signed a bill that requires abortion clinics to be equipped and staffed to deal with a medical emergency. (Quick reminder that 1st trimester abortions carry a risk of less than 0.05% of suffering a major complication requiring hospital care.) - Arizona is currently fighting over restricting and tightening regulations on abortion pills. - Over in Missouri a bill passed last month that makes it the 3rd state requiring a 72 hour wait period between a consultation and an abortion. It is worth noting that Missouri has only one clinic that performs elective abortions. - Finally, in Louisiana, the legislature gave final approval for HB 388. This will require abortion providers to obtain admitting privileges from local hospitals. The bill’s language was modeled directly after Texas’s law that is shutting down clinics. It will shut down at least three of the state’s five clinics. Conservatives are looking to the draconian abortion restrictions of Texas for inspiration and bills that will most effectively kill a woman’s right to choose. However, they aren’t the only ones looking at Texas. Since last year’s filibuster, Wendy Davis and the “unruly mob” have also been a beacon of hope and renewed energy in the fight against the war on women. As we approach the one-year anniversary of the filibuster, there is still an immense amount of work to be done. However, it is also important to take a moment and appreciate the power we can have when we work together to fight for what is fair and right.	__label__cc	0.165579
After a decade and a half under the current data breach notification rules for telecommunications carriers and telecommunications relay services (TRS) providers, the FCC recently unveiled plans to update and expand them. On November 22, 2023, the FCC issued a Report and Order that it intends to consider at its December 13th meeting that would involve an update to the current data breach notification rules. While the new rules would reduce the burden on carriers and TRS providers by relieving them of the requirement to notify customers of breaches under some circumstances, they also broaden the scope of the rules in important ways. Expanded definition of “breach.” The proposed rules would expand the definition of breach to include “inadvertent access, use, or disclosure of customer information.” This is in stark contrast to the current definition of “breach” in 47 CFR § 64.2011(e) – “when a person, without authorization or exceeding authorization, has intentionally gained access to, used, or disclosed customer proprietary network information.” The FCC noted the potential risk posed by any exposure of consumer data – even unintentional ones – as the same types of harm could be incurred by the customer if the unauthorized access to their information was intentional or inadvertent. The proposed rules include an exception where customer information is inadvertently acquired by an employee or agent of a carrier or TRS provider and the information “is not used improperly or further disclosed.” Nevertheless, moving from a requirement of “intentionally gained access” to “inadvertent access” is a significant expansion on what would be considered a “breach” moving forward. The FCC did not, however, further expand the definition of “breach” to include security events that could reasonably lead to the exposure of CPNI (although the Commission expressly reserved rights to amend the definition in the future). Expanded scope of information triggering notification requirement. The expanded rules would also broaden the scope of the notification obligations to cover all personally identifiable information (PII) – not just customer proprietary network information (CPNI) that carriers hold by virtue of their provision of telecommunications services. Under the new rules, disclosure of or access to any information “that can be used to distinguish or trace an individual’s identity, either alone or when combined with other information” would trigger notification requirements. This expansion seemingly overlaps with the notification obligations under state data breach notification laws and would likely result in a significant increase in reported breaches by telecommunications carriers and TRS providers. The expansive definition of PII, in fact, goes beyond most state data breach notification laws, as the FCC explicitly states that an individual’s name, address and phone number would be considered PII under the new definition, requiring notification to the FCC, law enforcement, and customers, which is not generally considered PII under any state data breach notification law. Timeline to report breach to customers. The proposed rules would also eliminate the mandatory seven day waiting period before carriers and TRS providers can notify customers of the breach, as the FCC does not want to delay customer notification so that the customers can promptly take any preventative steps (such as freeze their credit). Carriers and TRS providers would be required to notify customers of breaches “without unreasonable delay” after notifying the Commission and law enforcement agencies – a period not to exceed 30 days. This baseline requirement applies unless they reasonably determine that no harm to consumers is reasonably likely to occur as a result of the breach. This “risk of harm” standard is similar to the standard outlined in the GLBA’s Interagency Guidelines Establishing Information Security Standards (Interagency Guidelines) and various state data breach notification laws. Notice to the FCC. The proposed rules would add the FCC to the list of agencies that carriers and TRS providers must notify after a breach, a list that currently includes only the FBI and the U.S. Secret Service. Crucially, notification to the FCC (and FBI and USSS) is not subject to the same “risk of harm” threshold as the new individual notification rules referenced above. The bifurcation of notification requirements and application of the “risk of harm” threshold is similar to the Interagency Guidelines, where financial institutions must notify customers if misuse of “sensitive customer information” has occurred or is reasonably possible, but this “misuse” standard is not applicable to regulator notification. Timeline to report breach to FCC/FBI/USSS. For breaches affecting 500 or more customers, or for smaller breaches where harm is reasonably likely to occur as a result of the breach, carriers and TRS providers would still be required to report all such breaches to federal law enforcement agencies and the FCC as soon as practicable, but no later than seven days after reasonable determination of a breach. For breaches affecting fewer than 500 customers where the carrier can reasonably determine that harm to customers is not likely, carriers may file an annual summary of such breaches (on February 1 of each year). These requirements are similar to how covered entities report HIPAA breaches to the Department of Health and Human Services, Office for Civil Rights. Content of notification to FCC/FBI/USSS. While the content of required notifications remains largely the same, the FCC’s report does include a new requirement that TRS providers include “a description of the customer information that was used, disclosed, or accessed,” including “whether data on the contents of conversations, such as call transcripts, are compromised.” Actual audio or transcripts, however, should not be included. The Report and Order will be considered by the FCC at its December 13th meeting. If officially adopted, the new rules would become effective 30 days after publication in the Federal Register.	__label__cc	0.019996
People were starting to talk. He had no choice! For five days Harper refused to give the Elections Canada Director Marc Mayrand the full powers his agency needs to conduct a proper investigation into the scandal of misleading calls in the last election. Mayrand wants the same powers former Auditor-General Sheila Fraser had when she exposed the Liberal sponsorship scam. All other parties in parliament had already said yes to more powers for Mayrand. They want Parliament to get to the bottom of the scam. Harper alone was recalcitrant. People began to wonder why. Did Harper have something to hide, or was it that he wants complete power over everything? So finally Harper announced that he was "not opposed" to an NDP proposal to give Elections Canada the power to require all lists of phone numbers, names and addresses of service companies to automated calls, all accounts with these companies, and even all political messages that the Conservative Party had used. And all the other parties too. No more secrets. What could be better? Harper never said as such he would support the proposal. He just said he was "not opposed" to the NDP proposal. Harper is like that. He always gives himself a way out. It was like that with his law on fixed election dates, and like that with international agreements on the environment. Harper always thinks: "Why back myself into a corner?" So maybe it wasn’t the refreshing about-face on the electoral scandal, but call it at least a first sign of electoral transparency. Better than nothing. But there's a catch. Harper may still back out after the vote by saying the NDP proposal only applies to future elections and not those of May 2. So Elections Canada doesn’t get to delve into Conservative Party accounts and automated call lists of the last election. Or Harper could interpret the proposal to mean that it only applies to the two or three constituencies where Elections Canada has launched a formal investigation and not to all 57 constituencies where there were 31,000 complaints of election irregularities. Before we congratulate Harper too quickly, we should wait and see how he tries to twist the results to his benefit.	__label__cc	0.040577
What Are Valid Excuses for Not Being Able to Serve on Jury Duty? While each of the 94 federal district courts establishes its own jury procedures and policies pertaining to jury duty, the Jury Act permits courts to dismiss a potential juror on grounds of undue hardship or extreme inconvenience, explains the Administrative Office of the U.S. Courts. Members of the armed forces on active duty, members of fire and police departments, and full-time public officers of the government are exempt from jury duty. Many courts honor individual requests to be excused from service for particular groups, including people who have served on jury duty for a federal court within the past two years, people age 70 or older, and volunteer fire fighters or members of an ambulance crew, states the Administrative Office of the U.S. Courts. Attorneys generally do not want people on the jury who are, or at least consider themselves, experts on issues related to a case, claims Business Insider. As such, these people are rarely chosen for duty. Potential jurors are frequently dismissed from service after identifying a personal connection to the case or a mental illness. Having environmental sensibilities that would interfere with duty, such as irritable bowel syndrome that necessitates frequent trips to the restroom, is also enough to excuse most people from duty. Displaying a rebellious or cranky attitude is also grounds for most attorneys to dismiss a potential juror.	__label__cc	0.082758
While the degrees of corporal punishment on children vary from culture to culture, as a society centered on the household, China is no stranger to the use of parental discipline. As this recent report indicated, smacking children may even be beneficial! Comments from NetEase :. Hand, foot, whisk broom, bamboo rod, feather duster, wet hemp rope, rolling pin large size , door stop bar not too thick. Usually my old man single-handedly beat me, while my mother watched. Rarely when my old man is out, my old mother beats me. Japan revising laws to ban corporal punishment of kids Against the cane: corporal punishment in Myanmar \| The Myanmar Times We are in China, a place where parents have the legal right to spank their children! Without any hesitation, his father kicked him, shouting, 'Remember now you are not in New Zealand! No police gonna stop me from beating you! They see parent-child relationships as almost equal and thus have no right to beat their offspring. Instead, love, patience and understanding are utilized when a child behaves badly. Against the cane: corporal punishment in Myanmar What explains this turnaround? Perhaps America lost interest because most Americans hit their kids, and most think that that is the way it should be. Why do adults hit children? Read the press release. We're recruiting a Communications Director to lead on developing and implementing a communications strategy. Must be: creative, radical, utopian. Apply here.	__label__cc	0.0275
As ordered reported by the Senate Committee on Homeland Security and Governmental Affairs on July 24, 2019 S. 439 would allow Members of the House of Representatives who are elected after enactment and all Senators, including those elected before enactment, to opt out of the Federal Employee Retirement System (FERS) and still participate in the Thrift Savings Plan (TSP). Under current law: - Members of the House of Representatives who entered office in fiscal year 2004 or later may not opt out of FERS. Members who entered office before that date can opt out, but if they do so, they also lose their ability to participate in the TSP. - Senators can opt out of FERS, regardless of when they entered office, but are then unable to participate in the TSP. CBO estimates that enacting S. 439 would reduce revenues by $3 million over the 2020-2029 period, because retirement contributions paid by some Members of Congress while in office would decline. (Retirement contributions by federal employees are recorded as revenues in the federal budget.) CBO estimates that enacting the bill also would reduce direct spending by an insignificant amount over the same period, mainly related to eliminating retirement annuities. In addition, CBO estimates that implementing the bill would reduce spending subject to appropriation by $3 million over the 2020-2024 period, assuming appropriations are reduced by the estimated amounts. On the basis of a historical review, an average of 43 new Members begin serving in each session of Congress. Under S. 439, CBO assumes that 25 percent of new Members in each session of Congress (an average of 11 Members) would opt out of FERS. If Members opt out, the portion of their salaries that would have been deposited as revenues into the Civil Service Retirement and Disability Fund (CSRDF) would instead be paid to them directly and revenues to the government would decline. The required contribution rate for newly elected Members is 4.4 percent of salary (salaries currently equal $174,000 for Members not in leadership roles). Thus, eliminating those contributions would reduce revenues by $3 million over the 2020-2029 period, CBO estimates, but that amount would change if the number of Members choosing to opt out was larger or smaller than CBO’s estimate. For most of the Members who would opt out of FERS, the reduction in direct spending from eliminating future payments for retirement benefits would occur after the 2020-2029 period; the average length of service for Members retiring under FERS is about 16 years. Some Members are eligible to retire with as few as five years of service (at age 62 or older), though the annuities associated with short periods of service are relatively small. Thus, enacting the bill would reduce direct spending over the 2020-2029 period by an insignificant amount, CBO estimates. If any current Senators were to opt out of FERS because of the bill’s provisions allowing them to continue to participate in the TSP, enacting S. 439 would increase direct spending. Those Senators would receive a refund of the contributions they paid into FERS prior to opting out; those refunds would be recorded as increases in direct spending. CBO expects that the Senators who would choose to opt out as a result of the bill would be a small number of those who were relatively recently elected; as a result, the increase in direct spending from refunded contributions for that group would be insignificant, and likely smaller than the reductions in direct spending from eliminated retirement benefits. Spending Subject to Appropriation Opting out of FERS would eliminate the retirement contributions paid on those Members’ behalf by their employing House of Congress—which would reduce spending subject to appropriation by $3 million over the 2020-2024 period, CBO estimates. However, those contributions (paid at a rate of 14.2 percent of salary, including an increase that goes into effect in 2020) are recorded as intragovernmental transactions that have no net effect on the deficit: They are paid from the salaries and expenses accounts of Congress and deposited into the CSRDF as offsetting receipts, or reductions in direct spending. (The effect on direct spending, however, is not attributed to the cost estimate because the deposit of those receipts is subject to future appropriation action.)	__label__cc	0.024693
I had a divorce case in Michigan. My husband told lots of lie in the court and the judge believed him! However my attorney gave enough reasons to show that he was ling, the judge made all of her decision based on my husband's lies. At the end of the court she told that she was not provided enough proof to believe me. But I had proof for everything that I was saying. I just didn't have a chance to pop up those. Our case is just about financial issue. It was a very short marriage. And there is no children involved. How is the proceeding for the appeal?! Is it something like another trial?! What is the possibility that the judge changes her/his opinion about something?! Do I have to have an attorney for doing appeal?! How many days after the judgment I can still do the appeal?! Thanks Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court. Divorce court is where the divorce process takes place. The court may determine matters like alimony, child custody, and property division.	__label__cc	0.232437
The morning a distraught Christopher Fox called for paramedics to revive his roommate from cardiac arrest, it already was too late. He shook him, screamed at him and even forced his breath into his lungs. But a night of heroin, cocaine and marijuana abuse had left the roommate lifeless by daybreak in their Kenwood area apartment. Police were sympathetic to the grieving Fox but still charged him with six drug possession and paraphernalia charges. It was the second set of such charges for Fox, who was on probation and taking drug classes stemming from earlier charges. A guilty verdict on the most serious drug charges could have meant prison time. But a Baltimore County District Court judge yesterday allowed Fox to go relatively unpunished if he promised that he would never use drugs again. "I could send you to drug classes until I am blue in the face," Judge Barbara Jung told him in Essex District Court. "If you're dumb enough to continue using . . . ," she said, her voice trailing off before she continued. "You've already learned the hardest way to learn this lesson." Judge Jung found Fox guilty only of one of the lesser charges, use of marijuana, because he testified that he used it. She sentenced him to probation and ordered him to pay a $150 fine. He had denied the other charges, saying his roommate and companion, who was not identified in court, owned the other drugs and paraphernalia. Police said a three-inch straw with cocaine residue, a vial that had heroin inside and an incense tray with burnt marijuana leaves were found on a night stand on the same side of the bed where Fox had slept. Fox also said he did not even know that the drugs, other than the marijuana, were in the apartment, a point prosecutor Marsha Stephens challenged. "I don't know how you live with someone for three years and not know what is going on," Ms. Stephens said. If the judge had found Fox guilty of all the charges, he could have faced up to nine years in prison and $52,500 in fines. Fox, a hotel desk clerk, cried on the stand when recounting how his roommate died June 2. "I just got back from my 3 to 11 shift and he was groggy because of some sleeping pills he took," Fox said. "Then he said that he also took heroin. We argued because I didn't like for him to use it." Fox said his companion was upset because he soon would have to testify as the victim in a molestation case dating back to his childhood. The two then smoked some marijuana and went to bed, he said. Fox said he woke about 5 a.m. because of his roommate's snoring and went to another room. When he returned about 11 a.m., the roommate was dead. "I tried to get him to stop using drugs," he said, sobbing. "It's not your fault that he continued to use drugs," Judge Jung replied. "Mr. Fox, are you going to use drugs any more?" "No," he said. Judge Jung then handed down her sentence with one last parting remark: "Don't use drugs. You should be the commercial not to."	__label__cc	0.034564
With all the advances in modern medicine, one would think that there are no or few illnesses or injuries that would be insurmountable. Sadly, this is not the case for those who suffer serious injuries such as a spinal cord injury. Spinal cord injuries can range from mild to severe. This means that some Reno spinal cord injury sufferers can have their life changed in an instant. If this drastic change in health is due to the negligence of another, the injured party and their family should consider holding them accountable for their mistake. Negligence is a term to describe an action that is described as “careless’ that ends with the injury or damage to another. For example, a negligent driver involved in a car accident is one who operated their vehicle in a careless way that resulted in the injury of another. With an injury as serious as a spinal cord injury, there can be many lifelong medical conditions associated with such an injury, such as paralysis. When negligence strikes, the legal experts at Bradley, Drendel & Jeanney have the know-how and abilities to help spinal cord injury sufferers obtain the financial help they need and deserve to get through a difficult time. At Bradley, Drendel & Jeanney, we understand what you and your family have been going through. With more than 50 years of legal experience in personal injury cases. We only focus on accident claims. This ensure that our focus is understanding the detailed nuances of injury law, insurers’ defense tactics and how to secure the evidence necessary for a successful settlement with a spinal cord injury claim.	__label__cc	0.027432
India is currently one of the fastest developing countries, technology-wise. India’s rapid adaptation to technological trends is simply fascinating. Indian cities have benefited the most from all the innovative developments in the past two decades. The receptive attitude towards technology and the vast population make India a strategic market for e-commerce. Moreover, high-speed connectivity and trusted e-banking systems make it easy to carry out fast online transactions. These factors are expected to propel business growth in digital spaces even further as we enter a new decade. An intriguing industrial trend that has gained momentum during the Covid-19 imposed lockdown is iGaming. This niche offers career opportunities to the Indian millennial generation that finds it extremely difficult to penetrate the competitive job market. Some big money companies asserting their influence in the local iGaming market organize exciting eSports tournaments with prize pools in the range of millions of dollars. This has motivated a massive influx of competitors into the competitions setting a new tone in the Indian online market. Learn the ins and outs of the Indian eSports Industry to get a perfect start of a profitable iGaming career. Indian Online Gambling Laws Gambling is illegal in India. Regardless of the law, illegal gambling is widely practiced in the country and has thrived considerably. The 1867 Public Gambling Act controls gaming in India. The law terms any activity that depends upon chance as illegal. Although India allows individual counties to make their gambling laws, the Public Gambling Act is centralized and effective in all counties. The law prohibits anyone from running or owning gambling premises. Nonetheless, illegal gambling is widely spread in the country and generates a vast amount of income for the cartels who are not taxed. Viable Opportunities in Indian Online Market Since India allows states to make laws concerning gambling, two have used the loophole and currently authorize gambling. The Sikkim and Nagaland counties are the only counties that enable individuals and businesses wishing to invest in the market to apply for licenses. Given the vast sports following in the nation, sports betting alone could contribute a considerable amount to government revenue. Furthermore, licensing such businesses would provide broader financial support for the country’s beloved cricket game. Casinos that are already registered are contributing an enormous share to the country’s revenue. However, India still imposes suppressive gambling regulations. It is also necessary to outline that betting rules differ from county to county; hence one should study a specific county’s laws before venturing into its market. Online Gambling In India Indian online gambling is still developing and is expected to expand more rapidly in the future. Never the less, Sikkim County allows people to run and participate in online lotteries. This law has been very fruitful, pulling players from other counties since they can easily access the platforms. Following the success of Sikkim’s lottery business, other Indian counties are most likely to follow suit. Established Casinos are now improvising to explore the Indian markets by searching for readily available ways to reach its target market. Established casinos stand a better chance of growing bigger than casinos that will come afterward. The operational casinos are adapting new targeted marketing strategies for online gaming opportunities in line with the law. Despite India’s seclusion, the people can still play the same games as those hosted in some of the world’s best casinos. Giant gaming operators make it easy to distribute their services to new markets quite fast. Prospects for the Indian iGaming Market The Indian market has a substantial booming potential if laws are amended to facilitate gambling activities. Online, the country has a highly remunerative industry that could bring big profits if properly regulated. The gambling industry in India is estimated at $150 billion yearly profits. All this goes into the pockets of illegal business people without taxation. This implies that India is already an established gambling market, even though the business is underground. According to Forbes, the American sports betting reach recently surpassed the 10 billion mark. America has achieved such astounding figures within a short span after the 2018 legalization of sports betting. It is rousing to imagine what India can achieve with a larger population and widespread technology if the government took the initiative. Given the popularity of Indian games such as cricket, sports betting has a viable opportunity for investors, gamers, and the government. Furthermore, allowing gambling could attract massive tourism since established gamblers worldwide would seek to be associated with the versatile iGaming market. With the power of the internet and the popularity of new gaming trends like eSports, which is already taking the local scene by storm, traditional gambling in India is steadily turning a new leaf.	__label__cc	0.06385
Are Russian wedding brides legal? Various Western guys experience complications in finding appropriate girls in their own countries as a result of a myriad of challenges related to the legal system. In different ways, these trouble is linked to the legal training connected with Russian females, its requirement of self-development and self-reliance plus the need for indie action. In a nutshell, it’s a major international issue, and not merely a concern for a man. Many european women who plan to marry Russian men result in a situation, whether they have the ability to marry an “unofficial” bride, even if they are willing to spend money on a “legal” bride. However it is not at all impossible. The most important element that has to be regarded as here is a “legal wedding” is just a sham or an elaborate con. Costly oxymoron that is considered legal by Developed standards! But in reality, a large number of Western countries do not have any formal legal system, and so a bride simply cannot legally marry a groom without the by using a the law. Even if these address Western countries do not have this sort of a system, a variety of non-governmental agencies that provide legal advice for free in people in the West. The main problem is that almost all these firms have no legal background or perhaps expertise, and so are thus simply a front for any criminal racket. However , some of these agencies perform have a good reputation and are known for their ability to cope with such legal matters. In fact , the World Wide Web is instrumental for making it much simpler to look for legal alternatives, whether or not it truly is feasible get married within sham wedding party. For all those couples who would like to know the reply to the question will be Russian birdes-to-be legal, there are plenty of websites focused on this subject. Some of them can provide personal suggestions and tips for such cases. Others may even offer free consultations. You can even try visiting a local pub or additional venue wherever lawyers meet up with to discuss this sort of matters, since these sites are the best supply info and instruction, and you can buy an idea about the legal status of your bride, her husband and their respective young families.	__label__cc	0.055478
Blackwood new jersey dating The judge had multiple doctors who would prescribe him oxycodone, hydrocodone and generic Xanax and Valium. One supplier said she would give him drugs and sex, including several trysts in his chambers One of his suppliers was Deena Castleman, a woman who graduated from Baumgartner's drug court. Castleman told authorities that she regularly supplied the married judge with pills and sex, sometimes during breaks from court. A judge could face discipline for failing to report another judge for being impaired, but the rules don't say what that punishment would be. The woman, who is nearly half his age and has a history of arrests, told TBI agents that she and the judge even engaged in sexual activity several times in the judge's chambers. Castleman's name appears frequently in the investigative file. Baumgartner, according to the file, frequently visited Castleman while she was hospitalized for a brief period in 2009. Nurses told investigators that the judge would often visit the woman during breaks from a high-profile trial that was televised. And they said that Castleman appeared to be high after the judge visited her. Authorities later confiscated illicit prescription drugs from her room.His physician told authorities that Baumgartner acknowledged being a pill addict but disregarded the doctor's advice to retire.The district attorney went to Baumgartner in 2010 because he was concerned about the judge's health.The judge looked around for multiple doctors who would prescribe him oxycodone, hydrocodone and generic Xanax and Valium.When the prescriptions weren't enough, he turned to convicts he had punished – and their friends.Other defendants are hoping for a similar outcome, and bids for new trials from the many people convicted in Baumgartner's court could overwhelm the criminal justice system in Knox County, Tennessee's third-largest county with more than 400,000 residents.Tags: Adult Dating, affair dating, sex dating	__label__cc	0.030236
Liu Han: Chinese mining tycoon sentenced to death for murder Mining tycoon Liu Han, believed to have links to China’s former security chief Zhou Yongkang, has been sentenced to death. According to Xinhua agency, a Hubei court has found Liu Han and his brother Liu Wei guilty of “organizing and leading mafia-style crime and murder”. The two men were among a group of 36 people charged with similar crimes. Liu Han’s sentencing is believed to be part of a wider corruption crackdown linked to ZhouYongkang’s network. The court verdict stated that, among other things, Liu Han and his group had “in an organized fashion obtained financial gains via illegal activities”. They had also on multiple occasions “committed murder, harm and illegal detention”. The verdict stated they relied on “the cover-ups and collusion of government employees” to illegally control gaming machines in Guanghan in Sichuan province. Liu Han, who is the former head of mining conglomerate Sichuan Hanlong Group, was ranked 148th on Forbes‘ list of the richest Chinese business people in 2012. His former company once tried to take over Australian miner Sundance Resources Ltd. Chinese state media said previously that the Sichuan-based gang had had strong political ties that played a role in Liu Han’s appointment as a delegate in Sichuan’s political advisory body. In recent months, several top officials from Sichuan province linked to Zhou Yongkang have come under scrutiny. Zhou Yongkang was the party secretary in Sichuan province before becoming head of China’s Public Security Ministry in 2003. In April, China announced it had removed from office Guo Yongxiang, a former Sichuan vice-governor, and that Sichuan’s former deputy party chief Li Chuncheng was being investigated for bribery. Speculation has swirled for months that Zhou Yongkang is being investigated for corruption, although none of the rumors have been confirmed officially.	__label__cc	0.020318
Grand Junction police have arrested three suspects involved in an armed robbery that took place Monday. The three arrested are Jeremiah Woolbright, Brianna Kuiper, and a 17 yr old juvenile. Woolbright was apprehended after a 3 hour standoff with the SWAT team outside Motel 6 on Horizon Drive. The victim is a Barnes Electric employee and assaulted when she came back from lunch. She was taken to the hospital with injuries that were not described as life threatening.	__label__cc	0.060971
The pretrial detention of Evan Gershkovich, an American reporter for The Wall Road Journal who has been held in Russia since March, has been prolonged by three months, in accordance with a Moscow courtroom. Mr. Gershkovich has been detained in Moscow’s Lefortovo jail on espionage prices that he, the U.S. authorities and The Wall Road Journal have vehemently denied. America has stated he has been wrongfully detained. In secret and brief proceedings that had been closed to the press on Thursday, Moscow’s Lefortovo courtroom dominated that Mr. Gershkovich’s pretrial detention, which was beforehand prolonged from Might 29 to Aug. 30, would once more be prolonged till Nov. 30. The arrest of Mr. Gershkovich marked the primary time for the reason that finish of the Chilly Conflict that an American journalist had been detained on accusations of spying in Russia. He may face a sentence of so long as 20 years in a penal colony. On the time he was detained by the Federal Safety Service, or F.S.B., Mr. Gershkovich was on a reporting journey in Yekaterinburg and had accreditation from Russia’s international ministry. Earlier this month, Lynne M. Tracy, the U.S. ambassador to Russia, visited Mr. Gershkovich for the third time. The State Division reported afterward that Mr. Gershkovich “continues to look in good well being and stays robust, regardless of his circumstances.” American officers have stated that they’ve been blocked from having common consular entry to Mr. Gershkovich. In April, Secretary of State Antony J. Blinken stated that Mr. Gershkovich had been wrongfully detained, a designation that basically implies that the U.S. authorities considers him a political hostage.	__label__cc	0.036369
Workers' compensation is something that you may likely be entitled to after an event that leaves you hurt and at home instead of on the job. However, there are some common missteps that could cause you to miss out on the benefits you think you deserve. The errors below could mean trouble for your claim, so be aware of them and take appropriate action. Believing Your Co-workers Your co-workers might have a lot of advice about how you should handle your injuries and the workers' compensation process. They might have had an injury years ago or they may know someone who filed a claim a few months back. In their efforts to help you, they could inadvertently pass on information about the situation that isn't quite right; using the advice of these people can cause you to miss deadlines, fill out paperwork incompletely and continue to make mistakes that you could have avoided. Instead, be sure that you're only talking with agents at your company's insurance company or your company's Human Resources personnel. They will be able to better point out what's required and how you can be sure that your claim is processed properly. You might imagine that your company's insurance carrier will be mindful of the fact that you suffered some injuries and give you enough time to move forward with your claim. However, it's vital that you do everything possible to meet the deadlines in place; you might even want to aim for a date sooner than the deadline, so that if there are any delays in obtaining paperwork, you can still get it in in time. Talking about your injuries and what happened could get you into trouble. If you talk to co-workers about the situation, insurance investigators may be able to glean inconsistencies in your story by talking to those you work with. This is especially true if you are posting online and using social media. Investigators working for the company's insurance carrier can check out what you're posting or talk to those with access to your profiles in an effort to discredit you. Be very careful about what you say and to whom during this period. Avoiding the missteps listed above can help you to have a solid workers' compensation claim. Just be sure to keep working with a competent workers' compensation attorney so you're able to do everything that must be done so that you can receive the benefits you're eligible for.	__label__cc	0.023746
Two convicted fraudsters from the Twin Cities that walked away from a low-security federal prison in Duluth last Saturday night have been caught. Federal officials tell the Star Tribune that 64-year-old Michael Krzyzaniak of Minneapolis and 67-year-old Gerald Greenfield of Bloomington were arrested at a Burnsville hotel around 1 a.m. Friday. The Duluth News Tribune reports tips lead authorities to the hotel and the two men were arrested without incident. Krzyzaniak was serving a 12-year term for a $26 million investment scheme that targeted the rich. Greenfield was serving four years for assisting a mortgage scam with the developer of the Sexton Lofts in downtown Minneapolis. Prisoners at the camp near the Duluth International Airport are there “on the honor system” instead of having locked cells.	__label__cc	0.042717
A teenage girl raider stole cash and possessions from a man while he slept. Sarah Hodge crept into the 57-year-old's ground floor Elswick flat, saw him asleep in bed, and started searching for valuables. The 19-year-old took £140 from his trousers, an allowance book, a mobile and his cigarettes. He only discovered the break-in when he woke the next morning, Newcastle Crown Court heard. Hodge was staying at a friend's home in Northbourne Street, Elswick, and was arrested after her fingerprints were found. She faced jail after admitting burglary, but Recorder Graeme Reeds imposed 200 hours' community punishment with £500 compensation after hearing Hodge was now working and living with her mother in Norwich. Defending lawyer Natalie Wortley said Hodge had been drinking and taking amphetamine before the raid.	__label__cc	0.027384
Typically, when an investor sells commercial real estate, they are subject to either short-term or long-term capital gains tax, depending on how long they’ve owned the property. For someone in the highest tax bracket, this could translate into handing over 20% of the proceeds from their sale. For anyone who has invested in their property or otherwise experienced appreciation, this can be quite the financial hit. Savvy real estate investors will avoid paying this capital gains tax by using what’s known as a 1031 exchange. Section 1031 of the Internal Revenue Code (IRC) allows people to defer paying those capital gains taxes if they reinvest the proceeds in a “like-kind” asset. Many investors do this in perpetuity—and in doing so, put more money back in their pockets while growing their real estate portfolios. This guide discusses the basics of 1031 exchanges and provides key tips to follow for a successful experience. Read on to learn how utilizing 1031 exchanges can help you hyper accelerate your wealth by investing in real estate. Sign up for our educational newsletter and to gain early access to our next investment opportunity. What is a 1031 Exchange? In short, a 1031 exchange is a tax provision that allows someone to sell a property, defer paying capital gains taxes, and then invest the proceeds from that sale into a new property. The general strategy is to defer paying these taxes, which increases a person’s cash position to invest in a new property. Typically, investors use 1031 exchanges to buy higher value properties that have greater cash flows (or potential cash flows) than the properties they’re selling. Understand What Qualifies as a 1031 Exchange. Before attempting to use a 1031 exchange, you must understand what qualifies as an exchange. To qualify, the new property must be of “like-kind” as the property being exchanged. Most investment property is considered like-kind for the purposes of a 1031 exchange. You cannot, for example, sell an apartment building and roll the proceeds into the sale of a boat or exchange for shares in a business. The quality or grade of the property being traded does not matter. For example, you could trade a residential property for an office building. You could trade vacant land for a storage facility, or for another piece of land that you intend to develop. It could be the sale of a Class C property for a Class A property and vice versa. The type and quality of real estate does not inherently matter. Properties used for personal use, like a primary residence or vacation home, do not qualify for 1031 exchanges. 1031 exchanges can include like-kind property exclusively (e.g., selling a four-unit apartment building and trading up into a 20-unit building). It can also include the sale of like-kind property in addition to cash, liabilities, and property that are not like-kind. For example, a business owner might sell their company alongside the building and its property. Any property that is not considered like-kind may trigger some taxable gain in the year of the exchange. Therefore, some transactions can result in both deferred and recognized gains at the same time. While this complicates some 1031 exchanges, it also opens the door for a wider range of transactions. Who Qualifies for a 1031 Exchange? Owners of investment and business property are generally eligible to utilize 1031 exchanges. Individuals, C-corps, S-corps, general and/or limited partnerships, LLCs, trusts, and any other tax paying entities can utilize 1031 exchanges to defer paying capital gains taxes after the sale of real property. Learn the Timing Requirements associated with 1031 Exchanges. To qualify for a 1031 exchange, you must carefully follow the rules laid out by the IRS. The biggest rule has to do with timelines. There are two timelines that govern 1031 exchanges. The 45 Day Rule The first is that you must identify the replacement property (or properties) in writing within 45 days of the sale of your property that you intend to exchange. This notice must go to the seller and/or what’s known as a “Qualified Intermediary” (QI). An 8824 Form must also be filed with the IRS to report the exchange. Simply giving notice to your attorney or real estate agent is insufficient. In the case of real estate, this notice must include a legal description of the property to be acquired, street address, and/or any other distinguishable name of the property. The 180 Day Rule The property must then be acquired within 180 days of the sale. Additionally, both transactions must be completed no later than the due date of the tax return for the year of the exchange. In some cases, you may be able to file a tax return extension to better align with the 180 exchange period. It is important to keep track of these dates in order to stay compliant with IRS regulations and avoid any potential penalties. Know the Different Types of 1031 Exchanges Many people do not realize that there are different types of 1031 exchanges. These are the most common types of 1031 exchanges. With a deferred exchange, the owner sells their property, identifies new property, and rolls the proceeds into the sale of that period within the standard 180-day window. Any proceeds from the sale of the relinquished property that will be used to acquire the new property must be held by the Qualified Intermediary in the interim. Taking control of cash or other proceeds before the exchange is complete may disqualify the entire transaction from like-kind treatment and make a gain immediately taxable. There are some situations in which a person wants or needs to purchase a property before they can sell their existing property. This is when they might consider using a reverse exchange. This is possible so long as the person does not hold title to both properties at the same time. Instead, they must use a Qualified Intermediary to hold title to the new property until the old one sells. The timeline for reverse exchanges is similar. In this case, you have 45 days to ID the property you want to sell and 180 days (from the date of purchase) to sell and take title to the property the QI is holding for you. The simultaneous exchange is the easiest of the exchanges to complete. This is when the sale of relinquished property occurs on the same day as the purchase of the new property. The sales are staggered in a way to receive the proceeds that can be rolled directly from one transaction to the other. In practice, simultaneous exchanges are rare; people generally need more time to facilitate the follow-on transaction, hence the 180-day window. An improvement exchange allows an investor to purchase a replacement property and then, within 12 months, make improvements to that property prior to selling their relinquished property. These exchanges are ideal for value-add investors who need to move quickly on a transaction and/or for buyers looking to construct a new building and/or substantially improve an existing asset. Improvement exchanges are sometimes referred to as “construction exchanges”. Other 1031 Exchange Rules to Follow In addition to the very important 45- and 180-day timelines, there are a few other rules to follow when doing a 1031 exchange. The Three Property Rule: According to the IRS, up to three properties may be identified for acquisition (or sale, if doing a reverse exchange) during the 45-day window. As long as you close on one of those properties, the exchange will qualify. The 200% Rule: In some cases, an owner may identify more than three properties during that 45-day window. In these situations, the 200% rule would then govern. The 200% rule stipulates that investors may identify an unlimited number of replacement properties so long as the value of those properties isn’t 200% more than the value of the property being relinquished. The 95% Exception Rule: There is a caveat to the 200% rule, which is known as the 95% rule: investors can acquire more than three properties where the total value is more than 200% of the relinquished property as long as that individual acquires at least 95% of the value of the properties identified. Prepare the Documents Needed for Your 1031 Exchange. To ensure a successful 1031 exchange, you’ll need to prepare the necessary documents from both the sale of your initial property as well as the purchase of the replacement property. It is important to retain records of all deeds, escrow instructions, closing statements, and other applicable paperwork. You may also need to provide evidence that funds were held in a qualified intermediary account. Make sure you have all your documents in order before embarking on the 1031 exchange process. Make Sure You Have an Experienced Facilitator on Your Side. An experienced 1031 Exchange professional can help you organize your documents, ensure compliance with all relevant IRS regulations, and guide you through the entire process of setting up a 1031 Exchange. Finding an experienced facilitator is an essential step towards successful investing. Experienced professionals know the ins and outs of the industry and can provide invaluable advice on how to best set up your exchange for maximum returns. Understand That Tax Payments are Deferred—Not (Always) Forgiven Utilizing a 1031 exchange is a great way to defer paying capital gains tax that you would otherwise realize when selling investment property. Eventually, the IRS will expect you to pay those capital gains. This generally occurs when you inevitably sell the property. In the meantime, this deferral increases your liquidity and allows you to continue growing your real estate portfolio. Some people will wait until retirement to sell their real estate. The assumption is that you will be in a lower tax bracket in retirement, and therefore, the amount you pay in capital gains taxes will be lower than it would be during your prime earning years. Therefore, you might be subject to only 5% or 10% in capital gains instead of 20%. That’s one way to “save” money. Yet some investors opt never to sell at all. Instead, they put the real estate into a trust that eventually goes to their heirs. Their heirs get the property at what’s called a “stepped-up basis”. When the taxpayer dies, the built-in gains disappear and the full value “resets” with the new owners. This is why you will often refer to investors as using 1031 exchanges to build generational wealth. Some people use the 1031 exchange provision in perpetuity to avoid paying taxes as the property continues to be passed on, generation after generation. Is a 1031 Exchange Right for You? Investors will want to do a comprehensive review of their real estate portfolios each year. Doing so provides a better understanding of which properties are cash flowing best, which have appreciated, their equity position in these properties, and whether the property is ripe for sale – based on all of these factors, but also market conditions. For example, if a value-add investor has executed its business plan for a particular asset and the property is now stabilized, its future appreciation potential may be limited. This type of property could be a great candidate for a 1031 exchange. By selling to someone else, perhaps a passive investor looking for a stabilized property, that value-add investor can “trade up” to a new deal where they can increase their equity and/or cash flow positions. Carefully Consider How to Maximize the Benefits of a 1031 Exchange Maximizing the benefits of a 1031 Exchange requires careful consideration. Before initiating any exchange, it is important to understand how long-term capital gains taxes may affect your returns and what type of property you should be exchanging for. Making sure to take the proper steps to ensure compliance with IRS regulations is also essential for successful investing. Working with an experienced 1031 Exchange professional can help ensure that your exchange is set up correctly and will provide maximum return on investment.	__label__cc	0.036711
D. Look-back index option Under a look-back index option, the highest value of the index over the contractual period is compared at the initial value in order to determine the percentage variation to be used in calculating the pay-off under the option contract. Assuming that neither counterparty is a dealer, the premium paid to enter into this option will not necessarily be includible in income (nor allowed as a deduction) in the year it is paid. The premium will not be accounted for until the option is either exercised, lapses or is otherwise terminated. Upon the occurrence of any of these events, the option holder will generally recognize gain or losses equal to the amount received less the amount paid for the option (i.e the premium). The option writer will have gain or loss equal to the amount of the option premium received less the cash settlement payment. If the options are Section 1256 contracts or the option holder is a dealer, gain or loss will generally be determined upon the earlier of (1) the holder’s taxable year-end or (2) the lapse, exercise or termination of the option. The timing of loss recognition can be affected by the existence of underlying assets/liabilities to which the option can be regarded as being related. If the option and an underlying asset/liability constitute a straddle within the meaning of Section 1092, the recognition of loss could be disallowed. If an investor believes that she or he may have a straddle, the investor should identify the position as offsetting positions, as from the day that the straddle is established. In addition, if the option is held as part of an identified hedging transaction, the timing of income and loss recognition may be altered so as to match the timing of the hedged property. The character of any gain or loss recognized by an option holder will depend on whether these index options are Section 1256 contracts. If these options are exchanged-traded and based on a board-based stock index, the options will likely be subject to the mark-to-market rules of Section 1256. As a result, the holder will have 60 per cent long-term and 40 per cent short-term capital gain or loss upon exercise, lapse, or termination of the option, regardless of the holding period of the option. The option writer,	__label__cc	0.045925
It's very good thusfar, and I imagine it will please a lot of fans when it's released, because it sees two of Connelly's fantastic protagonists - attorney Mickey Haller and LAPD detective Harry Bosch (who was named the 'World's Favourite Detective' in a very popular knockout competition run by Jen's Book Thoughts earlier this year) - combining forces on a case, and getting rather equal-ish 'face time' too. The publisher's blurb states: "Longtime defense attorney Mickey Haller is recruited to change sides and prosecute the high-profile retrial of a brutal child murder. After 24 years in prison, convicted killer Jason Jessup has been exonerated by new DNA evidence. Haller is convinced Jessup is guilty, and he takes the case on the condition that he gets to choose his investigator, LAPD Detective Harry Bosch. Together, Bosch and Haller set off on a case fraught with political and personal danger. Opposing them is Jessup, now out on bail, a defense attorney who excels at manipulating the media, and a runaway eyewitness reluctant to testify after so many years. With the odds and the evidence against them, Bosch and Haller must nail a sadistic killer once and for all. If Bosch is sure of anything, it is that Jason Jessup plans to kill again." You can read the first few pages of THE REVERSAL here, and a Q&A with Connelly about the writing of the book, and bringing Haller and Bosch together, here. So, are you looking forward to THE REVERSAL being released? Are you a Connelly, Bosch, and/or Haller fan? Do you prefer Connelly's detective tales or his legally-themed ones? What questions should I ask him in our interview? Thoughts and comments welcome.	__label__cc	0.018183
a1_The issue of religious symbols in the public space has given rise to widespread debate on the scope of freedom of religion and of the State’s neutrality in various countries around the world. Over the years, it has become a source of vigorous legal and political controversy. In Europe in particular, this question chiefly concerns the wearing of headscarves. Bans (often formulated as either bans on headgear or as general bans on religious symbols or dress) have been introduced by many countries and in many areas of life. Islamic dress tends to be commonly perceived (at least in the west) as being associated with the subordination of young girls and women and the perceived link with what is commonly termed "Islamic fundamentalism". The wearing of religious symbols has been discussed both from a socio-political as well as legal perspective. These developments, particularly attempts to change a cultural reticence to publicly express faith into a legal obligation to refrain from religious expression in certain circumstances, have brought major challenges for European human rights law, most notably in relation to the wearing of religious dress. Although most European legal systems provide protection for religious freedom and to religious minorities, the scope of this protection is affected by many factors, such as history, (constitutional) traditions and social factors. In essence, the term European human rights culture developed in the interplay of jurisprudence between The Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The text explores the two recent CJEU rulings and juxtaposes it against the recent developments in the ECtHR jurisprudence, focusing on how CJEU departs from the established manner set out by the ECtHR of dealing with cases involving the limitations on fundamental rights. The purpose of this is to present a reflection of the recent state of the European human rights culture, which has, in the past years, become very dynamic. Publication order reference	__label__cc	0.116111
Official and transactional documents often require the seal of a notary public to confirm their authenticity. This is much more common when they are meant for international use, such as personal documents used for immigration purposes, and those dealing with the purchase or sale of land abroad. In these cases, you may need to have the documents authenticated by a notary and then legalised by the Foreign and Commonwealth Office (FCO) by means of an apostille. Depending on the country concerned the documents may need further legalisation by the consulate of the relevant country. The FCO and the foreign consulates will usually only accept authentication by the seal of a notary public - a solicitor's signature will not be accepted. Our expert team of notaries public have experience dealing with a wide range of documents, both for domestic and foreign use, including those that affect: - Transactions for foreign contracts - The formation of foreign subsidiary companies - The purchase of land and property abroad - Powers of attorney for use overseas - Immigration or emigration - Applications to marry or work abroad - Foreign wills and estate administration Our notaries can also provide authentication and a secure record for almost any sort of transaction, document or event. All of our notaries are also fully qualified solicitors. Making An Appointment And Being Prepared Our notaries are based in our offices in Chichester and Crawley (Gatwick), and are able to provide a personal service in these areas. Appointments with our notaries are typically available within 48 hours, and can be as short as 30 minutes, if the relevant documents are straightforward and correctly prepared. It's extremely helpful if you can send a copy of relevant documents before your appointment. Appointments are generally available between 9 am and 5.15 pm. If necessary you may be able to arrange an appointment outside of these hours, but there may be an additional cost for this service. You must bring an original identification document (e.g passport, driving licence or national identity card) for each individual signatory, as well as proof of residence such as a recent utility or council tax bill (this can't be a bill downloaded from the internet). If we're acting for a corporate client, we will also need evidence of the due incorporation of the company or entity. In most cases, our minimum fee is £150 plus VAT, but for more complex matters we will advise you on how the fee is calculated (usually based on the hourly rate of the notary handling the case). There may also be fees to pay to third parties, such as the FCO or foreign consulates. We can advise you of these as appropriate.	__label__cc	0.0371
- 2 min read French court to announce verdict on Sarkozy appeal A Paris court will on Wednesday issue its verdict in a case involving former French president Nicolas Sarkozy who is appealing a one-year jail sentence for illegal campaign financing. The Paris Court of Appeal is due to announce its decision Wednesday afternoon. A Paris court will on Wednesday issue its verdict in a case involving former French president Nicolas Sarkozy who is appealing a one-year jail sentence for illegal campaign financing. Sarkozy has faced a litany of legal problems since his sole term in office between 2007 and 2012 and has been charged separately with corruption, bribery, influence-peddling and campaign finance infringements. In the so-called "Bygmalion affair", Sarkozy, 69, was sentenced to one year in prison in 2021 on charges that his right-wing party, then known as the UMP, worked with a public relations firm to hide the true cost of his 2012 re-election bid. Sarkozy appealed the sentence, which the court at the time said should take the shape of electronically controlled house arrest rather than prison. The appeal trial began in November last year. Thirteen other people were also sentenced to terms of up to three and a half years in prison, partially suspended. Sarkozy was one of 10 defendants who appealed. Prosecutors have said Sarkozy should be given a suspended one-year jail sentence, a more lenient term than his original conviction. Sarkozy had yet to serve any jail time as his case wound its way through appeals. The former French president has "vigorously" denied any wrongdoing, accusing the firm, Bygmalion, of having enriched itself behind his back. Sarkozy has said he could never have imagined that "there was a system of false invoices." The Paris Court of Appeal is due to announce its decision Wednesday afternoon. Prosecutors have said Sarkozy spent nearly 43 million euros ($47 million) on his 2012 campaign, almost double the permitted 22.5 million euros. France sets strict limits on campaign spending. The 13 other people -- including members of the UMP party, accountants and Bygmalion executives -- were found guilty of various charges, ranging from forgery and fraud to complicity in illegal campaign financing. In 2025, Sarkozy will be tried over allegations he took money from late Libyan dictator Moamer Kadhafi to illegally fund his victorious 2007 bid for the presidency. Despite his legal woes, the man who styled himself as the "hyper-president" while in office still enjoys considerable influence and popularity on the right of French politics. Sarkozy has also maintained a relationship with President Emmanuel Macron and French media have said the pair have dined together on numerous occasions to talk politics. Sarkozy has also written books that have become major publishing events. In his latest work, he said he would like his protege and current Interior Minister Gerald Darmanin to succeed Macron as French president, noting his "evident qualities", although the minister has since indicated he may not run.	__label__cc	0.044213
Whether you need to know how to pay your property taxes, are researching buying a home, or need to know what to do if you can’t pay your property taxes, this guide is for you. What is the Florida property tax or real estate tax? Florida property owners have to pay property taxes each year based on the value of their property. Property taxes apply to both homes and businesses. The average property tax rate in Florida is 0.83%. Each county sets its own tax rate. There are also special tax districts such as schools and water management districts that have a separate property tax rate. These can include fixed-amount non-ad valorem assessments. You can see tax rates by county either summarized on the Florida CFO page or by finding the website for your county’s tax collector. Agricultural properties typically have lower taxes, and many people apply for the agricultural classification for a portion of their property to reduce their property tax bill. How do property taxes work for condos? Condo owners pay property taxes based on the assessed value of their condo. While the factors that affect what a condo is worth may differ from a single-family home, the tax procedures and benefits work the same. Under Florida Statute 718.120, all taxes are generally assessed against individual condo units. The association doesn’t pay taxes on the entire building or common areas. A condo’s open spaces and amenities will factor into the value of each unit and the taxes that each unit pays. What if you own multiple lots? Some homes are sold as multiple lots or parcels. For example, two half-acre properties may be combined into a single acre that’s bought and sold together. Multiple lots and parcels are treated as one property for property tax and Homestead Exemption purposes as long as they’re next to each other and you use them as if they’re a single property. Can you deduct property taxes on your federal tax return? Yes, you can generally deduct property taxes on your federal income tax return if you itemize your deductions and claim the State and Local Tax Deduction. Are there limits on property taxes? Florida has very strong limits on property tax increases for existing property owners. The Homestead Exemption also exempts property values up to a certain amount from property taxes. Florida Homestead Exemption You can qualify for the homestead exemption on your permanent, primary residence. There are two levels of the homestead exemption. - The first $25,000 of your home’s value is not subject to property taxes. - An additional $25,000 applies to the amount of your home’s value that is over $50,000 and up to $75,000. This exemption does not apply to school district taxes. When you buy a property you’re making your permanent residence, apply for the Homestead Exemption at your local tax collector’s office. You usually don’t need to reapply each year unless you move. Florida Save Our Homes Florida Save Our Homes is a Constitutional amendment and related laws that limits how much the assessed value of your primary residence can increase. To qualify, you must receive the Homestead Exemption. Under Save Our Homes, the assessed value of your property can’t increase by more than the lower of 3% or the change in the Consumer Price Index. The assessed value is the amount you pay taxes on. \|Year You Own Your Home \|The first year you own a home, the market value equals the assessed value \|Your assessed value can’t increase by more than 3% (or lower if the CPI is lower in that year) \|Even though market values didn’t increase, your assessed value still increases by 3% \|Market values fell but you were still not caught up to the market value. This is known as recapture. \|Your assessed value can’t be higher than the market value. Florida Save Our Homes Portability When you move to a new home in Florida, you can bring your Save Our Homes benefit with you. For example, say when you sold your home, the just value for property taxes was $150,000, and the assessed value was $100,000. You can bring $50,000 with you. If the just value of your next home is $250,000, your assessed value starts at $200,000. The maximum amount you can transfer to a new home is $500,000. You have 3 years to buy a new home to avoid losing your benefit. If you downsize, you can only bring a portion of the benefit based on the just or market value of each home. For example, if you had a $50,000 benefit on a home with a $150,000 market value and move to a home with a $75,000 market value, you can keep $25,000 of your benefit (75/150 = 50% x $50,000 = $25,000). What if you improve the property? If you make improvements or additions to your home, the value of those improvements are assessed at market value and added to your assessed value. There is no cap on the increase in your assessed value because of improvements. For example, if you make $50,000 in improvements to a $100,000 home, your assessed value increases by the full $50,000. Once your assessed value is adjusted, the cap applies to your full assessed value in future years. The Non-Homestead Cap works similarly to Save Our Homes. The difference is that it applies to properties, including businesses, that are not homesteads. The cap is no more than a 10% increase in the assessed value of the property per year. It applies to: - Commercial property - Residential property held as a rental property, second home, vacation home, or otherwise without the Homestead Exemption It does not apply to property with the agricultural classification. How does the Non-Homestead Assessment Limitation work? Each property has a market value and assessed value for Florida property tax purposes. The market value is the current value based on current market factors. The assessed value is the value that you pay taxes on. When you buy a property, the market value and assessed value should be equal. In future years, the Non-Homestead Assessment Limitation may keep the assessed value below market value. The assessed value doesn’t increase as quickly as market value because it can’t increase by more than 10% per year. (The assessed value will never be more than the market value if values rise by less than 10%). If you have a 2% property tax rate, that $39,000 difference in year 3 gives you a $780 savings in property taxes. What about property improvements? The Non-Homestead Assessment Limitation only applies to the existing property as it currently is. It does not apply to increases in market value or assessed value due to improvements. In the year of the improvements, the full increase in value from the improvements is added to the assessed value. It does not count towards the 10% limit if market values also went up. In future years, the new assessed value (original property plus previous improvements) can only increase by 10% per year. How is this different than homestead properties? Homestead properties follow Save Our Homes rules. Those rules limit assessed value increases to the rate of inflation but no more than 3%. Depending on inflation, a homestead property could see a 0% to 3% assessed value increase, while a non-homestead property can increase by up to 10%. What happens if market values slow down? If market value growth slows down, assessed values will keep increasing by 10% per year until they catch up with market values. What happens if market values fall? If market values fall when the assessed value is below the market value, the assessed value will continue increasing by up to 10% per year until it catches up. This is known as recapture. The assessed value will never be higher than the market value. If market value drops below the assessed value, the assessed value drops with it. What happens in a non-homestead property is sold? Generally, non-homestead property is reset fo full market value when it is sold or transferred to a new owner. The new owner doesn’t receive the previous owner’s lower assessed value. The new owner will pay property taxes based on the current market value in their first year of ownership and will have their own 10% limit for future years. There are certain exceptions to the reset including most transfers between spouses (including divorce) and certain other administrative changes. Contact a Florida property tax expert to review your specific situation before making any moves. Does the Non-Homestead Assessment Limitation apply to property tax increases? The Non-Homestead Assessment Limitation only limits property tax increases due to changes in assessed value. It does not limit property tax rate increases or added non-ad valorem assessments. For example, your county votes to increase property taxes from 2% to 3%. That’s a 50% increase. You will pay the full 3% even with the Non-Homestead Assessment Limitation. Do you need to apply for the Non-Homestead Assessment Limitation? There is generally no need to apply for the Non-Homestead Assessment Limitation since it typically automatically applies based on property type. However, you may want to contact your property appraiser to confirm the tax benefits on your property. Other Property Tax Exemptions Florida also has property tax benefits for several categories of people. Contact your local tax collector to confirm your eligibility and to apply. - Quadriplegic person: Exempt from all ad valorem taxation - Paraplegic, hemiplegic, or other totally and permanently disabled person who must use a wheelchair for mobility or who is legal blind may be exempt from taxation subject to income limits - Every widow, widower, blind person, or other totally and permanently disabled person who is a resident of Florida receives an additional $500 exemption - The homestead of a surviving spouse of a first responded who died in the line of duty is exempt from taxation - Senior citizens who are over 65 are eligible for an additional $50,000 homestead exemption if they have owned the home at least 25 years, it is worth up to $250,000, and they meet income requirements - Exemptions for veterans - Honorably discharged service members with a 10% disaiblity receive a $5,000 reduction in their property’s assessed value - 100% disabled veterans are exempt from property taxes - Disabled veterans age 65 or older receive a discount on the assessed value of their property based on their disability rating - Granny flats (adding living quarters for a parent or grandparent) What happens when you buy a property? When you buy a property, all property tax benefits reset on that property. The next owner will pay property taxes based on the current market value. When buying a home in Florida, it is common for property taxes to increase substantially over what the previous owner was paying, even if their property wasn’t a homestead property. Most local tax collectors have a tool on their website to estimate what you will pay if you buy the property. You must apply for the homestead exemption on your new home even if you had it on your prior home. You may also have to pay transfer taxes at the time of purchase including the intangible tax and documentary stamp tax. How do you look up a home’s appraisal or just value? Nearly all county tax collectors have a public website where you can look up a home’s just value and tax history. These numbers are generally accurate. It’s the assessed value and property tax bill that usually change the most when a home is sold. When are Florida property taxes due? Florida property tax bills are typically sent on November 1st and late on April 1st. There are typically discounts according to the month you pay. - November: 4% - December: 3% - January: 2% - February: 1% - March: 0% If you don’t pay your taxes by April 1st, a 3% penalty applies. If you don’t pay your taxes by April 30th, the tax collector may sell a tax certificate on your home. A tax certificate is a tax lien. After two years, the tax certificate holder may file for a tax deed application. The certificate holder doesn’t receive the deed for your home, but your home is put up for auction. The proceeds from the tax certificate sale first going to pay off any delinquent taxes plus interest to the tax certificate holder. The property owner gets any remaining amount after administrative expenses are deducted by the county. You may be able to avoid a tax lien by using the Homestead tax deferral, an installment payment plan, or other options available in your county. Contact your local tax collector for details. You’ll generally have more options if you reach out before your taxes are due. Where can you find your property tax bill? The tax collector typically mails your property tax bill to the property address unless you provided another mailing address. Most tax collectors make property tax bills and payment histories publicly available online. You should also get a TRIM Notice in August. A TRIM Notice isn’t your bill, but it contains your estimated property taxes and other legal inforrmation. Your bills and notices normally come automatically without you having to file a property tax return. Can you pay your property taxes online? Most tax collectors have an online payments system. Convenience fees may apply. How does the tax deed sale process work? On or around June 1st, the tax collector holds a tax certificate sale for any property taxes that remain unpaid. Tax certificates are property tax liens. One important right that tax certificate holders have is to request a property tax lien sale if the property taxes are delinquent by two or more years. This is at the investor’s option, and they may wait longer. The certificate holder does not have the right to take the deed to the house. Instead, a public auction is held. The property is sold to the highest bidder in the tax certificate sale auction. The proceeds go to: - The tax lien certificate holder to cover what they paid for the certificate plus interest - The local government for any administrative charges - Paying off a mortgage or other liens on the home - The property owner for any remaining amount One important disadvantage to allowing your home to go to a tax deed sale is that it will often be sold for less than the market value you could receive in a normal real estate sale. What should you do if you didn’t pay your real estate taxes on time? If you missed the deadline to pay your property taxes, it’s usually best to pay as soon as possible. The longer you wait, the more you’ll have to pay. In some counties, you may be able to get placed on a payment agreement by contacting your tax collector. Your eligibility may depend on how soon you apply, so don’t wait until you have a tax lien sale or tax auction on your home. A private loan may also be an option depending on your credit. What if you know you can’t pay your property taxes? If you know you can’t pay your property taxes, you may be able to defer them. With a property tax deferral, property taxes continue to accrue, and you’ll also owe interest. You won’t face a tax certificate sale or auction as long as you continue to qualify for the deferral. In order to qualify for a Florida Property Tax Deferral, you need to meet one of the following criteria. - Household AGI under $10,000 - Property taxes greater than 5% of your AGI - Property taxes greater than 3% of your AGI if age 65+ - You qualify for a senior exemption Additionally, the deferred taxes and interest can’t exceed more than 85% of your home’s value. You also can’t owe more than 70% of your home’s value on your mortgage. You must apply for the deferral by the original property tax deadline (March 31st), or you may not be eligible. What if you disagree with the property taxes you were charged? You should generally resolve disputes over your property tax bill well in advance of the payment deadline. The best option is generally to respond to your TRIM notice in August. If you didn’t appeal or are still appealing, the easiest option is to pay in full according to your property tax bill and request a refund after your appeal. Otherwise, you may need to reach a payment agreement with your tax collector to avoid your taxes being considered delinquent. See also: Florida Statues Chapter 197 especially 197.4XX and 197.5XX. Florida TRIM Notice TRIM stands for TRuth In Millage. The notice gives property owners information about how much they’ll owe in property taxes and each government entity that charges property tax. Each county, municipality, school district, water management district, and any other government agency generally needs to have a public meeting to determine its budget and set property tax rates. The TRIM notice gives property owners a way to know who is taxing them so they can attend these meetings. You should generally receive a TRIM letter in August each year. The TRIM notice is not a bill, and you should not pay it. You’ll receive a formal property tax bill around November 1st. What’s on a TRIM Notice? A TRIM notice contains several key pieces of information. First, it shows several property values. - Market value: The market value is the value of your home if you sold it on the market. Note that the property appraiser often calculates values differently than home buying websites. - Assessed value: The assessed value is the market value of your home limited by your Save Our Homes Benefit or non-homestead property tax limits in increases of your assessed value. For example, you might have a market value of $100,000 in year 1 and $110,000 in year 2. In year 1, assessed value equals market value. In year 2, if you have the Homestead Exemption, your assessed value is limited to $103,000, because there is a 3% limit on increases. - Taxable value: The taxable value is the value you pay taxes on after subtracting your exemptions. There are multiple taxable values because different exemptions apply to different taxes. For example, your school district taxable value will usually be $25,000 higher than your general county taxable value, because the second Homestead Exemption doesn’t apply to school district taxes. As discussed above, it also gives you information about who is taxing you in case you want to attend public meetings. Finally, it shows your estimated property tax bill for the year. This will include both ad valorem (percent of value) taxes and non-ad valorem (fixed amount) taxes. When is your home’s value determined? The values on your TRIM notice are based on January 1st before you receive your notice. So your timeline is usually: - January 1st: Property values determined - August: Receive TRIM notice - November 1st: First day to pay property taxes, bill received around this time - March 31st (following year): Property taxes due The January 1st date becomes more important when property values rapidly rise or fall during the year. If you’re thinking about contesting your market value because of recent changes in property values, you need to think back to what would have been reasonable in January. Do you have to respond to a TRIM Notice? When you receive a real estate TRIM notice, you should carefully check it for accuracy. Make sure the county property appraiser has properly applied all of your exemptions. You may also want to see if the market value the property appraiser assigned your home seems reasonable. If you notice an error or disagree with your home’s value, you generally contact the property appraiser first. If you can’t resolve the situation, the next step is usually to appeal to the county value adjustment board. You generally have 25 days from the date on your TRIM notice to file an appeal with the value adjustment board. If you received your notice late or have some other type of special situation, contact your property appraiser or value adjustment board for your potential options. Should you fight a low market value? In some cases, you may want to contest a low market value on a Homestead home that you’ve owned for some time. The reason is to increase your Save Our Homes benefit if you ever want to sell your home and use portability. Let’s say you bought a home for $100,000, it increased in market value to $150,000, and Save Our Homes limits its assessed value to $125,000. The difference between market value ($150,000) and assessed value ($125,000) is your Save Our Homes Benefit ($25,000). If you move to a new home and apply the Homestead Exemption, you get to take your $25,000 benefit with you and subtract it from your home’s market value in year 1. But what if you think the market value of your home should be $175,000 instead of $150,000? If you moved, that could give you a portability benefit of $50,000 instead of $25,000. If you plan to keep the Homestead Exemption on your home until you move to a new homestead, you might want to ask the property appraiser to reconsider. What can you do if you disagree with the assessed value of your home or your denial of the Homestead Exemption or other special classifications? Each county has a Value Adjustment Board that handles appeals of assessed values and other property tax issues (other than non-payment). The typical process is to send a written complaint and then attend a hearing. Contact your local Value Adjustment Board for their procedures. If your Value Adjustment Board doesn’t have a website or you can’t find their information, contact the Clerk of Court for your county.	__label__cc	0.027113
A federal judge in Texas has issued a nationwide injunction barring federal government agencies from taking action against school districts that don't follow the Obama administration's guidance on transgender bathroom policies in schools. The judge granted a preliminary injunction sought by Texas and several other states challenging the Obama administration's interpretation of Title IX, which prohibits sex discrimination in schools, colleges and universities. The administration interprets Title IX to include discrimination based on gender identity. The former national security adviser for both Jeb Bush and Mitt Romney let loose this morning on the irresponsibility of giving Donald Trump the keys to nuclear warfare. John Noonan, a devout #NeverTrumper who is now a national security analyst and commentator, tweeted that electing Trump as president has consequences that threaten global peace. NEW YORK -- A federal appeals court Thursday said prosecutors cannot force U.S. companies like Microsoft to turn over customer emails and other data stored on servers overseas -- a ruling the government suggested could hamper national security investigations. The three-judge panel of the 2nd U.S. Circuit Court of Appeals unanimously overturned a lower court's contempt finding against Microsoft for not handing over a customer's emails stored in Ireland. Federal prosecutors wanted the material for use in a drug trafficking investigation.	__label__cc	0.026269
Q: The owners corporation of my apartment advises that the floor tiles (and the waterproofing underneath them) on the base of my shower are considered common property. Is the grouting between those tiles also considered common property? (Explanatory note: the tiles and waterproofing in question are located on the base of the shower - ie inside the shower cubicle which is surrounded by walls and a shower screen. Given that the tiles are agreed to be common property it would seem to make sense that the grouting in between those tiles is also considered common property, especially as the grouting of common property tiles forms an integral and necessary part of that common property. Your thoughts would be greatly appreciated.) Is the grouting between shower tiles also considered common property? – Peter, NSW A: Generally, tiles along with grouting between tiles inside your lot will be considered owners property and therefore their responsibility. However, if the tiles are agreed to be common property then it would indeed only make sense that grouting is inclusive. For more information you may be able to refer to your strata by-laws, or strata plan.	__label__cc	0.237999
Well, you have heard of assault rifles, now a new British law aims to ban assault knives. The article notes that "Over the past four years the number of incidents involving knives has risen by 350%." As reported violent crime in Britain has risen so quickly over the last five years or so, it is becoming difficult for the government to figure out what else to ban. A toy gun ban was being debated seriously earlier this year. I was just thinking today about how little we are hearing in the US about the sunsetting of the assault weapons ban in the US. Hopefully, the US government will quickly deal the spread of assault knives in the US.	__label__hq	0.5736
Excess Church Property Churches across the country have a significant amount of excess or underused properties. Sanctuary space, classrooms, off-street parking, or even vacant land can all be an asset if stewarded and used in the right way. Realizing the potential of church property often requires creative and expansive thinking. At Dalton & Tomich, we help churches and ministries all across the country use their properties in new and better ways by helping them overcome the legal hurdles and restrictions which may stand in their way. Download our infographic on How to Turn Excess Church Property from a Liability to an Asset. Avoid unexpected pitfalls and rest easy knowing we have everything covered. While agents and brokers can help find a property, they do not always provide guidance through the actual buying and selling process. That’s why partnering with an attorney who understands legal considerations and potential risks is important to make sure you have a successful commercial real estate deal. Dalton & Tomich understand local laws in Michigan and Illinois as well as the ins and outs of the commercial real estate process. We offer a full range of land use services, and we use our knowledge to help you avoid pitfalls and navigate any zoning issues that might arise during the buying or selling process. FREE GUIDE: Commercial Real Estate Checklist If you find yourself experiencing a riparian rights conflict, we can help. Transforming Church Properties: Unlocking Potential and Purpose Are you ready to uncover the hidden potential within your church’s excess land? At Dalton & Tomich, we help congregations turn vacant, underutilized spaces into valuable assets that not only support your mission but also benefit the community. Let’s explore how churches across the country are making the most of their unused property and how you can, too. Unlocking Potential: A New Way Forward for Churches How are other churches making better use of their unused space or property? Many churches, like yours, have realized that empty land or underutilized buildings can be a source of untapped potential. They are: Advancing Your Mission: Using Excess Space with Purpose How can you use your excess space to better advance your mission? Dalton & Tomich is here to help you align your real estate assets with your mission. By leveraging your land and buildings creatively, you can: Overcoming Legal Hurdles: Navigating Obstacles What legal obstacles could keep you from realizing your property’s potential? Navigating legal challenges is crucial. Common obstacles include: Realizing Your Property's Potential: The Community Connection Who in your community could help you realize the potential of your property? Unlocking your property’s potential often involves collaboration with: Dalton & Tomich is here to guide you through these legal complexities and help you overcome obstacles on your path to revitalizing your church’s land and buildings. Are you ready to transform your church’s excess land from a liability to an asset that enhances your mission and serves your community? Contact us today to explore the possibilities and embark on a journey of purpose and transformation. Together, we can bring your vision to life.	__label__cc	0.024329
Nine of the 22 people killed in a Canadian shooting rampage actually died in house fires set by the gunman, police have said. Gabriel Wortman, 51, terrorised the Atlantic province of Nova Scotia for around 13 hours on the night of 18-19 April. The violence started when he assaulted his girlfriend, who escaped and is now a key witness, the Royal Canadian Mounted Police has said. Wortman had used a replica police car bought at an auction, fitting it out to look almost identical to a police vehicle before killing neighbours and acquaintances. Officers had initially been called to the rural seaside community of Portapique but Wortman managed to evade them. When they arrived, they found a number of bodies on roads and several houses on fire. After hiding at an industrial area for around six hours overnight, Wortman had resumed his killing the next morning, changing his clothing and vehicles several times. Among his victims were a teacher, a nurse, and a police officer, along with a number of pets. Wortman was later shot dead by police. More than 400 witnesses have come forward but police are still unsure as to what prompted Wortman to kill. He had targeted more than a dozen of his neighbours before driving to the homes of his acquaintances and killing them. But other victims appear to have been chosen randomly. In comments reported by Canada's Global News, Nova Scotia RCMP Superintendent Darren Campbell said the killings were "completely senseless". He added: "It appears as if he was just targeting individuals that either he knew or individuals, for whatever reason, that I don't think any of us will ever understand or comprehend, that when he came across those individuals that he killed them." Fourteen of the 25 people killed or injured were women but Spt Campbell said: "It doesn't appear in terms of what we've seen that he was purposefully targeting women." It is still unclear how Wortman obtained the weapons he used - Canada's gun laws are much stricter than those of the neighbouring US - or whether he had any help. Spt Campbell said: "Though the gunman will never stand trial, we still have a duty to complete this investigation by the same standards that we would if he was."	__label__cc	0.054841
Tribune News Service Amritsar, June 15 In a significant development, the Amritsar rural police have nominated a political leader of Himachal Pradesh, Chetan Parmar, in the case of seizure of tramadol tablets from Paonta Sahib, Sirmaur, on May 28. Parmar is the grandson of Himachal’s first Chief Minister Yashwant Parmar, while his father Kush Parmar was a five-term MLA. Parmar had joined the BJP in 2017. The police said Parmar would be involved in the investigation to ascertain his role. As per the police probe, Parmar funded a firm, Unique Formulations, from where banned drugs were recovered. “Munish Mohan, the alleged owner of the firm who was arrested during the raid, had mentioned Parmar in his disclosure statement to the police and that is why he has been nominated in the case,” said Dhruv Dahiya, SSP (Amritsar rural). The police have so far arrested around 10 persons in the case, he added. The investigations carried out so far revealed the firm was routing the ‘Schedule H’ drug via Delhi through fictitious firms as they were not allowed to directly sell the same in Punjab due to strict norms in the border state, given rampant misuse of the tablets for addiction. Unique Formulations supplied drugs through fake firms in Delhi and Mumbai, which further diverted the tablets to other states such as Punjab and Haryana, said sources privy to the investigations. The Amritsar rural police had seized tramadol worth Rs 15 crore from the spot during a raid on May 28. “During scrutiny of documents seized from the firm, the police found four such non-existing firms having addresses of the national capital and Mumbai,” said an official. Besides Munish Mohan, those arrested included Prem Kumar Jha, who runs a medical store in Delhi and his employee Bablu; Ranu Bhargav of Mohali; Rajesh Wadera; Parmod Bisht; and Amarpreet Singh, alias Sunny, a chemist from the Katra Sher Singh area. Following Sunny’s arrest, several other chemists went underground. The Paonta Sahib factory was busted following the seizure of 45,000 tramadol tablets in May 18 in which the police had arrested Samir Kumar, Suraj Kumar, both residents of Majitha, and Gurmukh Singh of Mallunangal village. - The police said Chetan Parmar would be involved in the investigation to ascertain his role - As per the police probe, Parmar funded a firm, Unique Formulations, from where banned drugs were recovered Don't MissView All Health Ministry launches probe into four alleged substandard... Addressing a rally, Shah asks whether terrorism has ever ben... MEA had reacted sharply to Ilham Omar’s visit to PoK Himachal plays key role in defence; with AIIMS in Bilaspur, state will play important role in health sector too: PM Modi Development in Himachal possible as people voted BJP to powe... The Ministry of Defence spokesperson from Tezpur says the mi...	__label__cc	0.018333
Very often People consult with me regarding the filing of a bankruptcy who might otherwise qualify, but they have unwittingly stepped into a situation which might cause them to choose not to file. One example is student loans. There is a rule in Connecticut that says if you have transferred property to someone else during the four years before the filing your case, the Bankruptcy Trustee could go to that person or entity and take the money back (if you could have qualified for bankruptcy at the time of the transfer). Many people don’t realize this rule includes student loans. Thus if you paid for your child’s college in the last four years, there is a chance the Trustee could try and take the money back from the college, meaning that not only are you stuck with the loan, but the college could now come after your child to repay them. Thank your legislators for not rectifying this one. Another example is joint accounts. In Connecticut, a creditor can come after a joint account even if the money in it is not the debtors and solely belongs to someone else such as a parent. Very often one will put their name on their mother’s bank account for convenience. But what if that person goes into debt. The creditor or bankruptcy trustee might go after the mother’s money since it is a joint accouont. Again, you can thank your legislators for this one. In Rhode Island the money belongs to whoever put it in there. In Connecticut it belongs to both. You are probably better off doing a simple POA rather than making the account joint if there is any chance you will be in debt. And finally, the initial qualification for bankruptcy is based on your earnings for the last six months from any source, this includes bonuses, withdrawals from retirement accounts, pension funds, etc. If you are going to be filing bankruptcy it makes sense not to have high income during the six months before you file. The good news is that social security benefits don’t count. Well, there it is, three bankruptcy mine fields to be aware of if you are contemplating filing.	__label__cc	0.150608
In October, the Ontario Human Rights Commission (OHRC) issued a policy statement highlighting the issue of caste-based discrimination and its legal implications under province’s Human Rights Code. This initiative aims to increase awareness about the rights of individuals and the obligations of organizations to prevent and address discrimination rooted in caste systems. What are caste systems? Caste systems, prevalent in some cultural and religious communities, create a social hierarchy based on ancestry, with notions of “purity” and “pollution.” These systems often use various markers such as names, rituals, customs, and even skin color to identify and discriminate against individuals. Such discrimination can significantly impact various aspects of life, including employment, housing, and education, leading to social and economic exclusion for those deemed to be of a “lower” caste. Violation of human rights The OHRC’s statement acknowledges that caste-based discrimination is a violation of human rights recognized internationally, including by the United Nations. It’s seen as a form of “descent-based” discrimination that impairs equal enjoyment of human rights. This aligns with views from other human rights institutions, further solidifying its importance as a human rights issue. In Ontario, the Human Rights Code offers protections that can be applied to caste-based discrimination, although caste itself is not a specific ground within the Code. The OHRC emphasizes that discrimination related to a person’s caste can intersect with other grounds such as ancestry, creed, color, race, and ethnic origin. This intersectional system of discrimination can be addressed under the Code, which prohibits discrimination in services, housing, employment, and contracts. However, the OHRC notes that the Code has its limits and does not cover all forms of differential treatment related to caste. It also allows certain exceptions for religious groups and organizations to limit membership or employment based on specific grounds. Obligations for employers Organizations are legally obligated to ensure their environments are free from discrimination and harassment based on caste and related grounds. They are required to respond to, investigate, and remedy situations of discrimination. This includes having human rights complaint procedures and possibly incorporating caste-based discrimination into corporate human rights policies. Additional measures, like training and public awareness, are necessary to combat misinformation and prejudice. The OHRC also highlights specific obligations under Ontario’s Education Act and the Provincial Code of Conduct for the education sector to protect students from such discrimination. Furthermore, hate activities targeting specific groups may be a violation of Canada’s Criminal Code. For individuals who believe they have experienced caste-based discrimination, the Human Rights Legal Support Centre is available for advice, and claims can be filed with the Human Rights Tribunal of Ontario. This proactive approach by the OHRC aims to ensure a more inclusive and equitable society, free from the constraints of ancestral-based discrimination.	__label__cc	0.378185
“The time has clearly come for the federal government to take on a larger role in the growing fight against cyber criminals.” This dangerous rhetoric comes from Rep. Deborah Ross’s July 16 opinion piece published by The Hill. Ross, a member of the House Committee on Science, Space, and Technology, also represents the Second District of North Carolina, which happens to house one of the largest technology hubs in the nation: Research Triangle Park. Her piece comes just months after two massive cyberattacks on this nation. Yet, she is advocating for what would arguably be the most extensive overreach of the federal government on the private sector’s autonomy since the Defense Production Act of 1950. The one-term representative whose background is in civil rights law is clearly out of her depth regarding the issue of cybersecurity. In April, hackers were able to access the Metropolitan Transportation Authority’s systems. New York subway systems service over five million riders each day, an essential part of the city’s day-to-day operations. In May, we saw the consequences of hackers targeting the energy sector, as the Colonial Pipeline ransomware hack took out 45% of the fuel supply on the East Coast. Two-thirds of Ross’s state went without fuel. There is no exaggeration when I say this: parts of the nation can be shut down with just a few clicks when hackers use ransomware against our infrastructure. What happens when foreign powers decide to recruit hackers as soldiers of war, to cripple things like power grids and telecommunications networks? Something must be done to ensure this never happens, but we cannot solve the cybersecurity issue by fettering industry. Ross states that, “the federal government should consider instituting mandatory cybersecurity standards for critical sectors.” Mandatory standards would certainly mean financial penalties, maybe even criminal penalties, for firms that fail to comply. This move is a dangerous one, as it would set a precedent for national governments across the globe to tighten their grips on the private sector. The Global Legal Group analyzed the cybersecurity laws of 30 nations, comprising of G7 members, technological powerhouses in the making like Ireland and Israel, and developing nations. Firms in the European Union may pay a fine for data breaches under the General Data Protection Regulation, and Israel’s Protection of Privacy law requires certain companies to appoint an information security officer, but the overwhelming majority of these nations do not bring criminal penalties against firms that do not comply with cybersecurity measures. Here are the most notable nations that do: Nigeria, the Philippines, and China. None of those are citadels of democracy. While I agree with Ross that something needs to be done to protect the nation’s infrastructure, undermining the free market is the wrong approach. After paragraphs of coercive language, Ross ultimately changes her tone, stating that “with enhanced cooperation between federal authorities and the private sector, we can better secure our country.” If she truly believed in cooperation and collaboration, she would drop the rhetoric that pushes for a gross overreach of federal power over the private sector. After 18 months of being confined to the digital world, the private sector already understands that poor cybersecurity policies and systems are ultimately bad for business. Government is a slow-moving beast, as the legislative process was designed to be often a reactionary one. The federal government is behind the curve when it comes to issues because they do not have the foresight or the innovation that the private sector does. Rather than kneecapping business for moving faster than the federal government, the federal government should look to collaborate and be brought up to speed. Imagine a task force with the brightest minds of the private sector supplied with federal resources. We could develop the most advanced cybersecurity systems to date. The United States has an opportunity to get an edge in this cyberwar. Still, the hackers will win if the federal government attempts to drag a potential ally down instead of working with them on the clear and present threat. Carter Reilly is an intern at the John Locke Foundation and a student at Loyola University Maryland.	__label__cc	0.051268
The amendment is expected to grant Japan the right to collective self-defense and will provide a legal framework for the Japan Self-Defense Force (JSDF) to provide back up for the US military and the militaries of its other allies. There are currently measures in place which prevent the dispatch of the JSDF overseas. The government is drawing up a draft bill to change this, however, at the same time as it is renegotiating its security treaty with the US. China and other neighboring countries engaged in territorial disputes in the resource-rich South China Sea were the focus of the negotiations on March 20. The negotiations suggest that the US and Japan are looking to assert themselves in the South China Sea region. The report said the security treaty is set to be amended at the end of April and its content will likely be reflected in the changes to the law. Japanese daily Mainichi Shimbun reported that the current laws concerning the treaty are to ensure its effective implementation but only apply to regions north of the Philippines. This limits Japan's ability to provide back up for the US in the South China Sea. This limit is set to be repealed, however, which will allow Japan to intervene in the South China Sea to a greater extent on behalf of the US. China claims the South China Sea in its entirety and has engaged in land reclamation efforts there as well as building up infrastructure on disputed islands. Chinese activities in the region have raised the hackles of Vietnam and the Philippines. The US is concerned that tensions between the countries may escalate and would like Japan to take a more active role in the region, according to the paper. The South China Sea also serves as a lifeline for Japan. Most of Japanese oil imports have to pass through the region and conflict there could seriously damage the country's interests. To avoid provoking China, Japan had previously refrained from allowing the South China Sea to be discussed in the treaty. Japan's prime minister, Shinzo Abe, appears less afraid of ruffling feathers in Beijing, however. This means that the next US-Japan security treaty will likely take a clear stance on the South China Sea. The Japan Maritime Self-Defense Force (JMSDF) escort ship "Kurama" leads other vessels during a fleet review in water off Sagami Bay, south of Tokyo.	__label__cc	0.339128
This appeal arises from defendant's Kevin Hardan's sentencing following his plea of guilty to L.S.A.-R.S. 14:62.2, simple burglary of an inhabited dwelling. The trial court sentenced him to imprisonment at hard labor for twelve (12) years, the statutory maximum. L.S.A.-R.S. 14:62.2. Defendant contends that the sentence is excessive and also assigns as error any and all errors patent. The State contends that the sentence is unlawfully lenient since it does not specify that one year is to be served without benefit of parole, probation, or suspension of sentence as mandated by L.S.A.-R.S. 14:62.2. It seeks to have this court remand the case to the trial court for resentencing. We vacate the sentence and remand for resentencing. The pre-sentence investigative report ordered by the trial judge set out the following: At approximately 7:30 a.m. on November 11, 1985, the victim, Carl Vickers (Vickers) who resides in Metairie, heard someone knocking on the side door of his residence. When he went downstairs, he observed two black males (Hardan and a co-defendant) looking through the door. At that time, Vickers went back upstairs to retrieve his gun since the two males looked suspicious. Upon returning downstairs Vickers noticed that the two men had entered his residence and were ascending the stairs. He then approached the two men and ordered them downstairs, placing them in a prone position. He held them at gunpoint while he notified the police. Upon the officers' arrival, they retrieved some tools from the pockets of the two men. Although the victim stated that an ice pick was found in Hardan's pocket, Hardan denied the allegation. Hardan was arrested and charged with the crime of aggravated burglary. Pursuant to a plea agreement, the defendant, Hardan, entered a plea of guilty to simple burglary of an inhabited dwelling. Hardan assigns as error any and all errors patent on the face of the record. La.C.Cr.P. art. 920 provides "the following matters and no others shall be considered on appeal: (1) An error designated in the assignments of error; and (2) an error that is discoverable by a mere inspection of the pleadings and proceedings and without inspection of the evidence." For the purpose of an error patent review the "record" in a criminal case includes the caption, the time and place of holding court, the indictment or information and the endorsement thereon, the arraignment, the plea of the accused, the bill of particulars filed in connection with a short form indictment or information, the mentioning of the impaneling of the jury, the minute entry reflecting sequestration in a capital case, the verdict and the judgment or sentence. State v. Henney, 479 So.2d 15 (La.App. 5th Cir.1985). Where the conviction has been obtained by a plea of guilty, the issue of whether the accused was properly "Boykinized" constitutes a proper inquiry in an error patent review. State v. Godejohn, 425 So.2d 750 (La.1983); State v. Martinez, 472 So.2d 123 (La.App. 5th Cir.1985). A review of the colloquy of the defendant's guilty plea in this case shows that the defendant was advised of the maximum sentence. He was also informed that the statute mandated that at least one year of the sentence would be without benefit of probation, parole and suspension of sentence. Furthermore, he was advised of his right to a trial by jury, his right against self-incrimination, and his right to confront his accusers. In addition, the record contains a waiver of rights form signed by the defendant and his counsel. A review of the record also indicates that the Bill of Information was never amended to reflect the crime of simple burglary of an inhabited dwelling to which Hardan pled guilty. Instead the Bill states that he is charged with aggravated burglary. A guilty plea to a charge which does not conform to the Bill of Information is error patent on the face of the record under certain circumstances. State v. Cook, 372 So.2d 1202 (La.1979). For the reasons stated below we find that the failure to amend does not constitute error in this case. La.C.Cr.P. art. 558 provides that the defendant, with the consent of the district attorney, may plead guilty to a lesser offense that is included in the offense charged in the indictment. In general, the lesser included offense must be of the same generic class and must not require proof of an element which is not found in the major crime charged. Under this article the defendant can plead guilty to a lesser offense although it is not a responsive verdict under La.C.Cr.P. art. 814. Specifically regarding amendments of defective indictments, La.C.Cr.P. art. 487(B) reads as follows: In the present case, simple burglary of an inhabited dwelling is not a responsive verdict to the charge of aggravated burglary according to La.C.Cr.P. art. 814. In the present case, Hardan's plea of guilty to simple burglary of an inhabited dwelling is a plea to a lesser offense of aggravated burglary for two reasons: (1) The former offense is of the same generic class as the latter, and (2) In order to sustain a conviction of simple burglary of Furthermore, "Art. 487(B) and 558 of the Code of Criminal Procedure are in keeping with the established rationale that a guilty plea of a lesser offense is a responsive verdict." Green, supra 269 So.2d at 463. Since the guilty plea was to a lesser included offense, amendment of the Bill or the filing of a new Information charging the lesser included offense is not required. State v. Price, 461 So.2d 503, 508 (La.App. 3rd Cir.1984). We note that the instant case is distinguishable from Cook, supra wherein the defendant pled guilty to a crime which was neither responsive nor a lesser included offense of the crime charged. In Cook, an amendment to the indictment was necessary since the plea was neither responsive nor a lesser offense. In the case at bar, while the plea was not responsive under La.C.Cr.Proc. Art. 814(42), it was a lesser included offense and as such is considered a responsive verdict for purposes of entering a guilty plea. La.C.Cr.Proc. Art. 487(B); L.S.A.-R.S. 14:60 and 14:62.2. Green, supra; Wise, supra. Therefore, we find no error patent in the failure to amend the Bill. Our review of the record indicates only that the sentence imposed was illegally lenient. The trial judge sentenced the defendant to twelve years at hard labor, but he did not specify that one year of that was to be served without benefit of parole, probation, or suspension of sentence, as is mandated by L.S.A.-R.S. 14:62.2. In State v. Robertson, 459 So.2d 581 (La.App. 5th Cir.1984), the defendant was convicted of armed robbery and sentenced to ten years at hard labor. An error patent review revealed that the sentence was to be served without benefit of parole, probation or suspension of sentence as is required by L.S.A.-R.S. 14:64. The prosecutor did not object to the sentence when it was imposed, nor did it place the issue in front of the trial or appellate court by pleading or in brief. The State requested that the appellate court amend the sentence for the first time at oral argument; however the appellate court refused, stating: Another case on this issue is State v. Sepcich, 473 So.2d 380 (La.App. 5th Cir. 1985), appeal after remand 485 So.2d 559 (La.App. 5th Cir.1986), where the defendant was convicted of armed robbery and sentenced to fifty years at hard labor, the first ten years to be without benefit of parole, probation or suspension of sentence. This sentence was contrary to L.S. A.-R.S. 14:64, which required the entire sentence to be served without eligibility for parole, probation or suspension. As such, the sentence was illegally lenient. The State did not object to the sentence when it was imposed and did not apply to the trial court for correction of sentence. The State, however, did request that the appellate court correct the illegally lenient sentence in brief and by formal motion filed after the appellate arguments. The appellate court distinguished this case from Robertson and held: In the present case, the State did not object to the unlawfully lenient sentence at the time of its imposition nor did it subsequently make a formal motion for amendment of the sentence. However, the state in its brief has called this Court's attention to the illegal sentence. Moreover, in brief, the State specifically asks this Court "to remand this case to the trial court so that the twelve-year sentence can be amended" in conformity with L.S.A.-R.S. 14:62.2. Furthermore, the defendant specifically asked for an error patent review. Considering these factors in light of our previous holding in Sepich, supra we conclude that the sentence should be set aside and the case remanded for resentencing. Since we have determined that the illegal sentence should be set aside and the case remanded, we pretermit discussion of defendant's assignment of error with respect to whether his sentence is excessive. Accordingly, Hardan's sentence is set aside and the case remanded to the trial court for resentencing. SENTENCE SET ASIDE, CASE REMANDED FOR RESENTENCING.	__label__cc	0.093926
The man recently charged in the hit-and-run deaths of two pedestrians was released from jail early Wednesday. Charles Winzenread, 45, had been held at the Pinellas County jail in lieu of $100,000 bail. Winzenread was arrested Tuesday after Clearwater police say he hit and killed Illinois tourists Viola Flores, 51, and John Berg, 62, as they crossed the Clearwater Memorial Causeway last month. Police said he fled shortly thereafter. Witnesses told investigators Winzenread was drinking wine prior to the crash, according to an arrest affidavit. His attorney, Robert Herce, previously said that alcohol was not a factor in the accident. Attempts to reach Winzenread and his attorney went unanswered Wednesday. Video surveillance from nearby businesses captured images of Winzenread's Mercedes SUV and its "Endless Summer" specialty license tag. Before his arrest, crime analysts compiled a list of about 150 Mercedes G500s within a 99-mile radius. Two had the same tag, but investigators ruled out one of the vehicles, which was in Orlando. That left Winzenread's car. On Oct. 21, police seized his car, which had front-end damage, after obtaining a search warrant. Winzenread faces a felony charge of leaving the scene of an accident involving death.	__label__cc	0.020708
The election of two Democratic Senators in early January has given the new President a slim majority in the Senate and the House, improving the odds of passing at least some of Biden’s signature tax proposals. The new administration will likely have far more urgent priorities in its early days, so any major tax law changes are probably at least a year away. But if they were to pass, many of his proposals would have major consequences for Abacus clients and their families and businesses. It makes sense, therefore, to preview what the proposed changes might mean for your financial plan. Many of Biden’s proposals turn the clock back to previous tax law, but there are some important differences from the past as well. Higher Taxes for the Affluent If you watched the Democratic primary, you know the affluent were common targets for most candidates. Biden is no exception, although to date he has not proposed an actual wealth tax, and he has said those who make less than $400,000 will not see a tax increase. Here are some of his most important ideas for asking the wealthy to pay more: - An increase in the highest tax bracket (from 37% to 39.6%) - A cap on itemized deductions - Limits on 1031 “like-kind” real estate exchanges - Higher capital gains taxes for those with more than $1 million in investment income - Higher Social Security taxes for people making more than $400,000 An End to “Step-Up” in Cost Basis for Inherited Assets Two other Biden proposals would have a significant impact on Abacus client financial plans. First, he has proposed eliminating the “step-up” in cost basis for inherited assets. Right now, when Ann inherits her mother’s Apple stock, the cost of that stock for tax purposes is “stepped up” from what her mother paid to the value of Apple stock on her date of death. So Ann’s mom might have paid only $30 per share for stock worth $130 per share on the date she died. When Ann decides to sell the stock, she will only be taxed on gains above the $130 price. An end to the “step-up” would be consequential for many taxpayers, not just the wealthy, and particularly for those who hope to inherit and sell their parents’ homes or other appreciated real estate. Changes to Estate Taxation Another important Biden proposal targets the estate tax. Current law exempts estates below $11.7 million (or $23.4 million for couples) from estate taxes. Biden proposes to reduce this exemption amount to $3.7 million ($5.4 million for couples), making the number of people paying estate taxes dramatically higher. This will be a very controversial proposal, and it is ripe for compromise, but it makes sense to start assessing the likelihood of estate taxes if your estate will total more than $5 million. Help for the Young, the Elderly, and the “Sandwich Generation” While targeting the wealthy for tax increases, Biden proposals also seek to provide relief to college students and their parents, middle income taxpayers, the elderly, and people working to build financial resources. Many of these proposals might provide significant assistance to Abacus clients and their adult children. In particular, we are closely following any proposals to make health insurance less expensive. Biden was not a “Medicare for All” candidate, but his recent proposals indicate he is on board with a public option of some kind, as long as people can stay on a private plan if they prefer. He remains motivated to protect and enhance the Affordable Care Act, as it is a significant part of his Obama era legacy. For instance, he wants to eliminate the income cap on the ACA premium tax credit, effectively ensuring no family pays more than 8.5% of their income for the Gold plan. Other tax proposals that could provide relief to the middle class, and in some cases to everyone, include: - Restoring the Electric Vehicle Tax Credit - Helping elderly taxpayers who pay for Long Term Care insurance - Helping family caregivers who provide long-term care to the elderly–including the ability to make contributions to retirement accounts - Expanding tax benefits for military spouses - Re-establishing the First-Time Homebuyers’ Tax Credit - Creating a refundable renter’s tax credit capped at $5 billion per year, aimed at holding rent and utility payments at 30 percent of monthly income - Expanding the Child and Dependent Care Tax Credit and the Child Tax Credit (CTC) - Expanding the Earned Income Tax Credit (EITC) for childless workers aged 65+ Biden has also signaled he is serious about helping current and former college students; on his first day in office, he extended the student loan payment pause through Sept. 30, 2021. The President has also renewed his support for canceling at least $10,000 of federal student loan debt per person as part of COVID-19 relief, which would wipe out all debt for 32% of student loan holders. Significantly, this loan relief would not count as taxable income to the borrower. While avoiding the broader debt cancellation proposals of other Democratic primary candidates, Biden has proposed initiatives to cancel more student debt for low earners, people who attended HBCUs and other minority-serving institutions, and people who work for eligible community service providers after college. Higher Taxes for Business, Including Small Businesses The Tax Cuts and Jobs Act of 2017 famously dropped the top corporate tax rate from 28% to 21%. Biden’s proposals restore the 28% rate and set a minimum tax on corporations with profits greater than $100 million. Other business related proposals phase out the Section 199A qualified business deduction (QBI) for business owners with taxable income over $400,000 and increase taxes on foreign subsidiaries of US firms. Tax Proposals Related to Job Off-shoring, Climate Change, and Worker Protection Not all Biden proposals are designed primarily to increase tax revenues. Some also target incentives to keep jobs in the US and protect workers and the environment: - A Manufacturing Communities Tax Credit to reduce the tax liability of businesses that experience workforce layoffs or a major government institution closure - Tax credits for small businesses that offer worker retirement savings plans or hire disabled workers - An end to tax subsidies for fossil fuels - Renewable-energy-related tax credits, including tax credits for carbon capture, use, and storage - A 10% surtax on companies that off-shore US jobs to foreign countries - A “Made in America” tax credit for activities that restore production, revitalize existing closed or closing facilities, retool facilities to advance manufacturing employment, or expand manufacturing payroll As always, Abacus will be paying close attention to any changes that might affect our clients’ future planning goals. Whether you are a long-time client or would like help in aligning your money with your values for the first time, feel free to reach out to an advisor who will be happy to guide you through this transition.	__label__cc	0.030984
Q: What is the importance of a boutique sports law firm? A: A boutique sports law firm is essential for athletes and sports organizations as it provides specialized legal services tailored to the unique needs of the sports industry. Experienced sports lawyers can offer invaluable expertise in areas such as contract negotiation, intellectual property rights, and dispute resolution. Q: How does a cornerstone partnership contribute to business growth? A: A cornerstone partnership provides essential legal insights and guidance to businesses. By offering strategic legal advice and support, it helps businesses navigate complex legal issues, minimize risks, and capitalize on growth opportunities. Q: What are the rules of the laws of attraction? A: The laws of attraction rules encompass principles such as visualization, positive thinking, and gratitude. These rules are believed to influence the manifestation of desires and goals by harnessing the power of the mind and the universe. Q: How can one cancel a subscription online under California law? A: Under California law, canceling a subscription online should be possible through clear and accessible cancellation methods. Consumers are entitled to an easy and straightforward process for ending recurring services or memberships, as mandated by state regulations. Q: What resources are available to study the legal and ethical environment of business? A: Quizlet offers study guide resources for understanding the legal and ethical environment of business. These resources can help individuals prepare for exams, deepen their knowledge of business law, and reinforce their understanding of ethical principles in the business environment. Q: How does the American legal network connect individuals with trusted legal professionals? A: The American legal network serves as a valuable link between individuals seeking legal assistance and reputable legal professionals. By providing a platform for finding lawyers, law firms, and legal services, it facilitates access to reliable and qualified legal support. Q: What is the legal position of an advance care plan? A: Understanding the legal position of advance care plans is crucial for ensuring that one’s healthcare wishes are honored in the event of incapacity. Advance care planning involves legally documenting one’s healthcare preferences and appointing a healthcare proxy to make decisions on their behalf. Q: How can one calculate their salary from a contractor rate? A: Using a contractor rate to salary calculator can help individuals determine their annual pay based on their hourly or daily contractor rates. This tool is valuable for freelancers, independent contractors, or temporary workers looking to understand their earnings in a traditional employment context. Q: Does a full legal name include a person’s middle name? A: The consideration of whether a full legal name includes the middle name can vary based on jurisdiction and specific legal requirements. It’s important to understand the legal definition of a full name, especially for purposes such as identification, contracts, and legal documents. Q: What is the earning potential of legal professionals at LegalZoom? A: Legal professionals working at LegalZoom have the potential to earn competitive salaries commensurate with their experience, expertise, and the company’s compensation structure. By providing legal services and solutions to a diverse client base, LegalZoom offers opportunities for attorneys to thrive in their careers.	__label__hq	0.99546
Nationalist party SNS is already boasting that it is halfway to its target of 350,000 signatures needed to call a referendum on the use of Slovak as the only official administrative language in the country, reports TASR newswire today. The party wants to hold a referendum that will contest the recently passed Minority Languages Act, which among other things allows the use of minority languages in certain municipalities where the minority population accounts for at least 20% of the total. This figure will drop to just 15% of the local population after ten more years. The SNS party has been collecting signatures for almost 3 months already, and it hopes to have the full 350,000 signatories sometime in the autumn. As the issue concerns basic human rights and liberties, some experts feel that a referendum will not be allowed as the Constitution does not permit referendums on such issues. Deputy chairman Andrej Danko noted that the SNS party not only felt that this “vital” referendum was fine as regards the Constitution, but also that the rights of the minority should not be allowed to suppress the majority.	__label__cc	0.021426
600 grenades land man in jail ELBERTON, Georgia (CNN) -- One day after federal agents found 600 hand grenades in his northeast Georgia home, a man was taken into custody Friday. The grenades, though unassembled, are illegal to possess without a federal license. Reached at his home prior to his detention, Greg Giannoni offered several explanations for having the grenades. He said he'd bought them "legally over the course of time," and intended to sell them as novelty items, such as paperweights. At another point, he said he bought them some time ago and was trying to dispose of them legally through government connections. Jack Killorin, special agent in charge of the investigation for the Bureau of Alcohol, Tobacco and Firearms, which raided Giannoni's home Thursday, said the unassembled grenades were packaged individually in what he described as "extraordinarily complete kits for assembling a bomb." Giannoni is being charged with possession of an illegal destructive device, and will be arraigned Monday before a U.S. magistrate. Giannoni has a license to make ammunition for small arms and claims to hold a patent to make a type of bullet. He owns a company called G. Bullets, and intends to sell the bullets on his Web site, he said. Elberton is about 90 miles east-northeast of Atlanta. U.S. TOP STORIES: Report: SUVs pose danger Title IX minority pushes enforcement Robert Blake goes to court Judge orders man's mouth taped shut Chicago Mayor Daley wins fifth term \|Back to the top\|	__label__cc	0.035954
Police defend officer in killing Gunman holding hostage is blamed for her death Updated 6:51 am, Wednesday, May 22, 2013 The president of a New York police union defended an officer who accidentally killed a Hofstra University student during a standoff with an armed intruder, saying Tuesday the only person responsible for the woman's death was the gunman who held her hostage. "There is some second-guessing by people who think we should have stayed outside the house, but our job is to get inside and make sure we can protect as many people as we can," said James Carver, president of the Nassau County Patrolmen's Benevolent Association. Rebello was killed by one of eight shots fired by the officer. Smith also was killed. The officer, who has not been named, is on sick leave while authorities investigate. "The officer sends his thoughts and prayers to the victim," Carver said. "He is a religious man and has a strong family background, and he has a lot of support from his family and friends. And that is what he needs right now." As Rebello's family prepared for her funeral, some are questioning whether officers should have confronted the gunman or waited for help from a hostage negotiating team. The dead woman's godfather has criticized the police as unprofessional. Smith was wanted on an arrest warrant.	__label__cc	0.077821
A car accident attorney can provide help to any victims of automobile accidents. This can include personal injury or wrongful death claims. The key to these cases is determining who is at fault for causing the accident. Typically, car issues (faulty brakes, blind spots) are blamed for accidents. In these cases, the types of cars involved are examined. The type of cars involved can be a big factor, especially if the driver at fault couldn’t control the vehicle or was unfamiliar with how to drive it. The Myth of Dangerous SUVs Traditionally, SUVs were some of the most dangerous kinds of cars. This was due to their tendency to roll over during accidents, potentially causing further injuries. Due to their top heavy design, SUVs and similar vehicles had a higher risk for rollover accidents. However, SUVs are now safer due to new regulations that are designed to prevent fewer people from being seriously hurt or killed in rollover accidents. Collectively, safety statistics and research have diminished one specific care type from causing accidents. However, drivers are ultimately to blame for car accidents, saving special circumstances. When we get on the road, we are taking on an inherent responsibility to keep ourselves and other drivers safe. Despite this, the most common cause of car accidents is human error. Unfortunately, no matter the reason for the car accident, injuries are always a potential result. Getting Help from a Car Accident Attorney No matter what kind of car or truck hit your vehicle in El Paso, the Aranda Law Firm can help you. We assist you in evaluating the crash cause and pursuing a claim for full compensation if you can prove the other driver was at fault. If the driver failed to address a manufacturer’s recall or issue, the make and model of the car become relevant. The Aranda Law Firm can offer assistance and advice to all victims in determining who to pursue a case against and in making the strongest claim possible. Contact us today for help. Any probation violation attorney will tell you that probation violations are a huge risk to your conditional release. To clarify, probation a punishment used for convicted crimes that allows you to avoid or minimize jail time. As a result, these parameters are usually a condition for release and violating them carry serious consequences. In spite of this, violations to probation still occur on a regular basis. The right choice for people accused of violating their probation is to hire reliable an experienced legal representation. Aranda Law Firm can help you to decide on the best course of action in El Paso and the surrounding areas. How to Handle a Claim You Violated Probation The first thing to do when you are accused of a violation probation is to speak to an attorney. They can review the violation claims, including the any evidence presented against you. At the Aranda Law Firm, our probation violation attorney will sit down and go over all the details with you. This way, we can advise you how best to respond and what arguments to make during a probation violation hearing. Our law firm can represent you at your probation violation hearing. Ultimately, the goal is to avoid any consequences, or minimizing the consequences of an alleged probation violation. The Right to Appeal Your Violation The first thing to remember is that you have a right to address your probation violation in front of a judge. A hearing will be called when the probation violation cannot be settled or is of a more serious nature. Your attorney will prepare whatever defense you have agreed is best for your situation in the event of a hearing. In these cases, there are three common options to consider for defense. One of your options is to try to show no violation occurred at all. Another option is to try to argue that there is insufficient proof of the violation; specifically, by demonstrating that there is reasonable doubt. Finally, a third option is to argue intent; essentially admitting the violation occurred, but showing extenuating circumstances. Get Help from a Probation Violation Attorney It is important to remember that any violation can be grounds to revoke your probation. Depending on your offense, the consequences can result in fines, added time to your probation, or even jail time. Speak with a probation violation attorney and begin building your defense to the accusations. Contact Aranda Law Firm today to handle probation violations. After 18 wheeler accidents, victims or family members of people killed in the crash may want to determine if they can file a lawsuit. Victims can sue based on injuries sustained or fatalities that resulted from the accident by filing a personal injury or wrongful death suit. One of the first, and most common question involving 18 wheeler accidents is, “Who should I sue?” The Aranda Law Firm can help victims in El Paso and the surrounding areas determine who is liable and how to proceed. Who is Liable? After 18 wheeler accidents, it can be difficult to discern who is liable. First you have to determine the cause of the accident. Both the driver and the company are potentially liable if the accident is proven to be caused by the driver’s neglect. There are federal and state regulations that both companies and drivers must follow to be considered safe on the road. If the driver ignored these regulations and caused an accident due to sleep deprivation, they can be held liable. If it was a mechanical issue or something to do with the cargo, etc., the company will be held liable. You can sue the trucking company by proving the company itself was negligent by failing in its policies or practices. In some cases, you may sue the company for the driver’s negligent actions if that is what caused the crash. Federal Motor Carrier Safety Regulations (FMCSR) require trucking companies to carry at least $750,000 in liability coverage. Trucking companies that are transporting dangerous materials are required to have $5 million in insurance coverage. The high policy limits mean that you should always consult a lawyer before accepting any sort of insurance settlement. Getting Help After 18 Wheeler Accidents Your life and your families lives are worth fighting for. Injuries sustained in these types of accidents can be life changing if they are serious. The Aranda Law Firm conducts a comprehensive evaluation of your case. Contact us today if you’ve been involved in an 18 wheeler accident so we can help you make your case. Motorcycle crashes have lots of different causes, which is when a motorcycle accident attorney should be consulted after you are involved in such an accident. Motorcycle drivers are a much smaller vehicle to share the road with, which is why drivers often do not see them. When drivers are unreasonably careless or violate any traffic regulations, they may be considered legally responsible for causing the crash. The Aranda Law Firm can help crash victims and their loved ones determine who is responsible for their accident. In doing so, we can then work on making a successful claim for monetary compensation. Motorcycle Accidents in El Paso TX Motorcyclist at Fault Motorcycle accidents in El Paso and surrounding areas have many different causes. For example, the motorcycle rider going too fast, split lanes, or stop short can cause an accident. In these cases, we can help you prove it was the motorcyclist’s fault. Just because you are in a car doesn’t mean you can’t be injured in this type of crash. A motorcycle crash can result in many injuries, no matter who causes it. In many other situations, it is drivers who do the wrong thing and cause an accident to occur. Drivers are so commonly responsible for causing motorcycle accidents that there are numerous public safety campaigns such as Look Twice, Save a Life. These campaigns work towards trying to help drivers develop better safety practices when it comes to sharing the road with motorcycle riders. Contacting a Motorcycle Accident Attorney Most motorcycle accidents are caused by reckless drivers on motorcycles and in cars. When reckless drivers collision, a motorcycle accident attorney should be consulted by the who was injured party in the accident or by family members. If a driver was negligent and caused the crash, it will be up to the petitioning parties to prove that recklessness led to the accident. Contact the Aranda Law Firm today to learn more about how we can help. Work accidents happen in El Paso everyday. If your father was killed in a work accident due to employer negligence, you need to contact a wrongful death attorney as soon as possible. Aranda Law Firm will provide you with legal advice and guidance so you can understand what options you have for pursuing a claim for compensation after your father’s death. The employer should be held responsible for the irreplaceable loss your family has suffered and we can help. Ask a Wrongful Death Attorney When a death happens on-the-job, it is important to figure out if you have a valid claim against the employer. A wrongful death attorney can sort through the evidence and determine whether or not you have a claim. If you do, we can provide assistance in identifying third parties who may be appropriate defendants in a wrongful death claim. Who Should You Sue for Damages? While workers’ compensation restricts the ability to sue an employer, a wrongful death claim can be filed if an employer willfully contributed to the fatality. It is our job to provide the burden of proof in these cases. The sooner you file, the fresher evidence and eyewitness reports will be. There may also be many non-employers whose negligence played a role in causing the death. They also may be sued for wrongful death damages, including lost companionship and ongoing loss of the deceased’s income. The untimely death of a family member can have significant and profound financial and emotional consequences on those who have been left behind. With the help of a wrongful death attorney in El Paso, surviving family members can use the legal system to obtain financial damages for both economic and non-financial losses. To learn more about wrongful death claims please contact Aranda Law Firm today. A slip and fall attorney can provide you with assistance after you suffer an injury as a result of a fall. Premises liability laws in El Paso establish the rules for filing a lawsuit based on a fall. As long as your fall occurred outside of work, you will need to determine the defendant’s duty under premises liability rules. You will then need to make your claim for damages based on proving a breach of that duty. The Aranda Law Firm can help. What to Know About Slip and Fall Injuries Premises liability laws establish different categories of visitors, including invitees, licensees, and trespassers. If you are invited onto someone’s premises for the economic benefit of the property owner, the property owner owes you the highest duty under the law. If you get injured in a slip and fall and can prove the property owner breached that duty, you can be compensated for resulting losses. Licensees are owed an intermediate duty of care and trespassers are owed the least duty, but property owners still have some responsibilities. Examples of situations where a property owner’s breach of duty may be considered the cause of a fall can include when debris is left in walkways or when there are stair railings that are broken. A slip and fall attorney can help you get maintenance records and take eyewitness testimony. All of these things are essential to determine if a duty was breached. Get Help from a Slip and Fall Attorney Today The Aranda Law Firm can help you to determine if a property owner should be held responsible after you fall in El Paso or surrounding areas. Injuries sustained in accidents of this nature can range from moderate to severe. The financial burden of medical bills and loss of wages should not be yours to bear. Contact us today to learn more about how a slip and fall attorney can help you. When you suffer a dog bite from an animal other than those you might own, there are two things to do immediately- get medical attention, then get the number of a good dog bite attorney. The dog could have rabies or could otherwise carry diseases that could be life threatening to you. Getting medical help could allow you to avoid getting seriously hurt. You may also need stitches or, in extreme cases, may require plastic surgery or may have broken bones. When you put together the severity of your injury and the financial mess medical bills can cause, you could hold the owner of the dog responsible. The Aranda Law Firm can help you to determine if you could have a case against the owner of the dog. What Happens When You Suffer a Dog Bite When you get a dog bite, you can get compensation from the dog’s owner under certain circumstances. An dog bite attorney can help you to determine if you qualify to make a damage claim. Usually, it is the homeowner’s or renter’s insurance of the dog’s owner who ends up negotiating with you on whether to pay your bite injury claim and it is the insurer who ends up actually paying the bill. If the insurer offers you a reasonable settlement, always consult with your dog bite attorney to make sure the amount is fair. This means you will be compensated an agreed-upon amount, but will need to sign a waiver of future liability and won’t be able to make any further claims. You could also take your case to court if you and your attorney find that the amount offered is not fair. A dog bite attorney can help to determine what your best course of action is if you are the victim of a dog bite in El Paso or surrounding areas. Getting Help from a Dog Bite Attorney At the Aranda Law Firm, you will find a dog bite attorney who is well versed in personal injury law. We will sit down with you, get the facts, and advise you on the best course of action. Suffering from a dog bite incident can result in moderate to severe injuries. Instead of dealing with them on your own, contact us as soon as possible after your accident so we can help. Expunction of records refers to the process wherein a person, under certain circumstances, can petition the court to have their arrest record, charged crime or even certain convictions erased. When your records are expunged, there is no history of the alleged criminal acts which you were accused of committing. Your record is clear of any wrong doing, and you can deny it occurring. Unfortunately, for people who have been arrested in El Paso or surrounding areas, Texas law allows expunction of records only under very limited circumstances. The Aranda Law Firm can help you to determine whether your records could be expunged and can assist with the process of applying. Expunction of records is different than a non-disclosure. The Aranda Law Firm can help you with both matters. How to Apply for Expunction of Records To apply for expunction of records, you must meet the criteria. You can only have records expunged if: - you were arrested but never convicted of a crime - the charges against you were dismissed - if you were a juvenile and the offense was a qualifying misdemeanor - if your offense was a minor one involving alcohol - if you were arrested for certain other minor offenses - if you were pardoned - if you were acquitted by the Criminal Court of Appeals You cannot have your records expunged if you received a deferred adjudication, if you got probation, or under certain other circumstances. Aranda Law Firm can help you understand if expunction of records is an option for you. If you qualify, you will need to apply for a petition of expunction. A hearing will be scheduled, you’ll give input, and the court may grant your petition if you meet the requirements. Getting Help With Expunction of Records It is a good idea to get help with expunction of records if you want to ensure you maximize your chances of getting your name cleared. Contact Aranda Law Firm to learn more about how our El Paso firm can help you. You should call a drunk driving accident attorney as soon as you have been involved in a collision while driving under the influence. A defendant who has been accused of causing a DWI accident can face very substantial charges, which could result in a long jail sentence and multiple fines. You need to do everything possible to try to reduce the penalties that could go along with conviction for causing such an accident in El Paso or surrounding areas. The Aranda Law Firm provides legal representation to defendants who have been accused of driving drunk, including in situations where accidents occurred. A drunk driving accident in El Paso can result in much more serious penalties than a simple DWI conviction, especially if anyone was hurt or killed. Not only could you be charged with a DWI, but you could also face additional charges for manslaughter or for causing serious bodily injury with a vehicle. A drunk driving accident attorney can provide an effective defense by making it impossible for a prosecutor to meet the burden of proving guilt beyond a reasonable doubt. You can do this in a number of different ways, including having experts testify that you weren’t drunk or didn’t cause the accident. Another strategy is to raise doubts about whether evidence was properly handled in your DWI case. Aranda Law Firm can help you to devise the right legal strategy, always working towards the best outcome for your case. Contact a Drunk Driving Accident Attorney Aranda Law Firm is here to help you as soon as you have been accused of involvement in an accident while driving drunk. Our legal services include personal injury law, criminal defense, and more. Contact us today to speak with a drunk driving accident attorney for more information. Federal drug charges can be different from state level drug charges for many different reasons. One of the biggest things that a defendant who has been charged with a drug crime needs to be aware of is that a federal charge can usually result in a much longer prison sentence. Further, if you are convicted, your sentence will be served in federal rather than state prison. You need an attorney with serious experience defending against federal drug charges when you have been charged on the federal level. The Aranda Law Firm can help. Federal Drug Charges are Serious Both the federal government and state government can pursue drug crimes cases. However, the federal government usually gets involved only in cases involving drug trafficking or the sale of large volumes of controlled substances. When you are charged with a federal crime, you may face mandatory minimum sentences. The federal penal code imposes long sentences based on the volume of the drug in your possession. This means someone who is very involved in the drug trade- like a low level street dealer- could face the same severe charges as a drug kingpin. This is due to the fact that mandatory minimum sentences focus only on type and amount of controlled substance and not your actual criminal acts. In many cases, federal prosecutors will end up threatening you with charges carrying lengthy mandatory minimum sentences in order to try to get you to agree to a plea deal. Aranda Law Firm can help you to decide if a plea bargain is right for you or if you can fight federal drug charges. Getting Help With Federal Drug Charges Our law firm is familiar with federal drug charges and have the knowledge to help. The sooner you call our law firm after your arrest, the better we can help you with your legal problems. Aranda Law Firm helps clients in El Paso and surrounding areas who have been charged with drug crimes. Contact us today for more information.	__label__cc	0.020551
Laws is actually a systematic system of legislation specially designed and forced by government or civic institutions to control behaviour, in terms of its specific quality an extremely touchy theme of long-status debate. It’s been variously defined as the research into justice plus a willpower. At actual law will be the guidelines that govern our communications in just a community. The area could be educational or non-scholastic though the concepts that underlie its research are undeniably significant. Study regarding legislation is actually one that is constantly modify as public and manufacturing alter make new roles for laws and authorized disciplines. The three tree branches in the judicial method are the federal government, express government authorities and also the courts. Federal government law is usually that which governs offices and agencies in the management department of governing administration and then in other legislative body put together by status authorities. Federal government unlawful law is definitely the system of legislation that criminalize actions. Civil legislation will be the physique of regulations that guards personal protection under the law, like private acquisition and steps in confidential internet domain names including the Internet. In interpreting federal legislation it is not uncommon to get an attorney to determine both equally for and towards claims. The U.S. Superior Judge, with the assistance of lessen government judge judges, chooses interpretations from the federal government constitution, federal government laws and conditions. Conclusions by cheaper the courtroom judges are called situation law. Both the national constitution and instance legislation is found on-line at G Cornell’s web page. The federal courtroom technique is separated into two branches: National Express and Courts Courts. Federal government Courts consists of the U.S. Circuit You and Courts.S. District Courts. These courts have jurisdiction through makes a difference that entail entirely federal government makes a difference for example Government Tax Laws and so are authorised to know misunderstandings only about all those makes a difference. The U.S. Income tax Judge is just one these court. State courts are strengthened by state regulations to solve no-trivial disagreements involving condition topics. Most condition separation and divorce regulations arrive under the power of status courts. Civil Legislation is definitely the body of laws that deals with arguments among institutions and people, which includes personal get-togethers. Furthermore, it features worldwide rules. Several arguments in civil legislation are settled by means of arbitration. Civil law courts vary commonly with their extent of exercise. Some areas identify no right to trial run by jury, while specific Says do allow juries to provide a decision in a few situations. While the Constitution vests the ability to test by jury during the You.S. constitution, there have been initiatives to reduce using juries in civil regulation lawsuits. As an example, inside the Couple of Associates v. Maryland, 4th Circuit Judge of Is of interest known how the declare law that authorised the use of a jury in civil conditions was “repressive” and necessary that juries be overridden with the courts. The function in the courts is not restricted to figuring out issues and privileges amongst folks or organizations. In addition, they engage in a significant part as soon as the management and legislative body are disputing various components of an executive motion or selection. During the Case of Staples, supra, the third Circuit Court of Is attractive continual a denial of any motion for reconsideration of any lessen court’s denial of a preliminary injunction action against Staples. The court known that, for a popular regulations basic principle, the courts can analysis all management measures and judgements. The court more mentioned could possibly stop being argued which a federal government section courtroom has the ability to analyze works of Congress. The role of Congress in regulating the states’ regulations and process have experienced an enormous alter over recently available decades. Contemporary legislators are frequently confronted with statutory mandates that they have to convey on the states’ areas. Point out required legitimate systems are actually known as anything but uniform. In short, modern day legislatures have much less resemblance to the typical rules than previously. Consequently, the government administrator agencies are interpreting the several new statutes not necessarily as being a standard process, instead being a mishmash of federal government, point out and local jurisdiction. If you liked this posting and you would like to get additional data pertaining to NYC Attorney kindly go to our web page. Relevant articles and reviews indicated by subscribers with the web site:	__label__cc	0.143283
Middle English from Old French from Latin fraudulentusfromfrausfraud-deceit American Heritage Dictionary of the English Language, 5th Edition From Old French, from Latinfraudulentus, from fraus. Fraudulent Sentence Examples I wouldn't dream of going into business with that fraudulent insurance company. Even something as small as cashing a fraudulent check can get you in big trouble. Guilty officials having been severely punished, the fraudulent creditors of the government remained to be dealt with. Many people don't understand the consequences of filing fraudulent tax returns. Hoffman, for governor, and by the issue of false naturalization papers and fraudulent voting in New York City on a gigantic scale Hoffman was chosen governor and the electoral vote was cast for Seymour.	__label__cc	0.174829
A government labor reform panel adopted a final report Tuesday calling for revised labor laws capping overtime at 100 hours a month and improving conditions for nonregular workers. The government aims to submit related bills to the Diet by the end of the year. Unable to view this article? This could be due to a conflict with your ad-blocking or security software. Please add japantimes.co.jp and piano.io to your list of allowed sites. If this does not resolve the issue or you are unable to add the domains to your allowlist, please see out this support page. We humbly apologize for the inconvenience.	__label__cc	0.036644
Custody and Visitation Introduction: As a parent, your kids are the priority and you’re always seeking to provide them with only the best. But what happens when abusive behavior from your partner begins to affect their well-being detrimentally? Domestic violence is no minor issue here in New Hampshire; it affects numerous families and complicates child custody and visitation matters even further. In this article we will investigate how domestic violence can influence child custody and visitation rights within New Hampshire. What is Domestic Violence? Domestic violence, also known as intimate partner violence, is a pattern of behaviors used by one person to gain power and control over another person in a close relationship. These behaviors can include physical, emotional, sexual, and economic abuse. Domestic violence can occur in any type of relationship, including married couples, partners who live together, and couples who are dating. How Does Domestic Violence Affect Custody and Visitation? In New Hampshire, the best interests of the child are the primary consideration when determining custody and visitation. Domestic violence can have a significant impact on a child’s well-being and can be a factor in determining custody and visitation arrangements. Domestic violence can affect custody and visitation in the following ways: Impact on Custody: In New Hampshire, both parents have equal rights to seek custody of their children. However, if a parent has a history of domestic violence, it can impact their ability to gain custody. A judge may award sole custody to the non-abusive parent or limit the abusive parent’s custody rights. Impact on Visitation: If a parent has a history of domestic violence, it can also impact their visitation rights. A judge may order supervised visitation or limit the frequency and duration of visitation to ensure the safety of the child. Impact on Parental Decision-Making: If a parent has a history of domestic violence, a judge may limit their decision-making authority. For example, a judge may only allow the non-abusive parent to make major decisions regarding the child’s education, health care, and religious upbringing. Impact on Child Support: Domestic violence can also impact child support. If a parent has been convicted of domestic violence, a judge may order them to pay higher child support to account for the emotional and physical impact on the child. What Factors are Considered When Determining Custody and Visitation in Cases of Domestic Violence? In New Hampshire, the needs of any involved children are always put first when deciding custody and visitation. If domestic violence is a factor, numerous considerations will be taken into account such as: The Nature and Severity of the Domestic Violence: The court will consider the type and severity of the domestic violence, including physical, emotional, sexual, and economic abuse. The Impact on the Child: The court will consider how the domestic violence has impacted the child’s well-being, including their physical, emotional, and psychological health. The Abusive Parent’s Ability to Parent: The court will consider whether the abusive parent can provide a safe and stable environment for the child. The Non-Abusive Parent’s Ability to Parent: The court will consider whether the non-abusive parent can provide a safe and stable environment for the child. The Child’s Wishes: Depending on the age and maturity of the child, the court may consider their wishes regarding custody and visitation. Any Other Relevant Factors: The court may consider any other relevant factors, including the child’s relationship with each parent, the child’s relationships with siblings and extended family, and each parent’s work schedule and availability. What Steps Should You Take If Domestic Violence Has Impacted Your Life? If you are a victim of domestic violence, it is important to seek help as soon as possible. In New Hampshire, there are several resources available to victims of domestic violence, including: Crisis Centers: New Hampshire has several crisis centers that provide free and confidential services to victims of domestic violence. These services may include emergency shelter, counseling, legal advocacy, and support groups. Protective Orders: A protective order, also known as a restraining order, can be obtained by a victim of domestic violence to protect them from further abuse. In New Hampshire, a protective order can prohibit the abuser from contacting the victim and may grant the victim temporary custody of their children. Legal Assistance: If you are involved in a custody or visitation dispute and have experienced domestic violence, it is important to seek legal assistance. An attorney can help you understand your rights and options and can represent you in court. Safety Planning: It is important to develop a safety plan if you are a victim of domestic violence. A safety plan can help you prepare for emergencies and can include steps such as identifying safe places to go, packing a bag with essential items, and creating a code word to use with friends or family if you need help. Domestic violence is a grave issue with far-reaching consequences for both parents and children in New Hampshire, particularly when it comes to custody and visitation arrangements. If you are being victimized or have been impacted by this type of abuse, seeking help can not only protect you but also your kids. Moreover, if domestic violence has played a role in an ongoing dispute involving child custody or visitation rights, obtaining legal advice should be considered essential–this will allow you to know what options exist that could increase the safety of all involved parties. If you require assistance with domestic violence, custody or visitation issues in New Hampshire, then it’s critical to seek out a reliable and experienced attorney. At Boynton Waldron law firm, their attorneys boast extensive experience in family law cases involving domestic violence. By relying on the team of knowledgeable legal professionals at Boynton Waldron for guidance and support throughout your case, you can be sure that you’re taking steps towards protecting yourself as well as your children during this difficult time. Contact Boynton Waldron today to schedule a consultation and take the first step towards a safer and more secure future. What is considered domestic violence in New Hampshire? Domestic violence is any form of abuse, including physical, emotional, sexual, or financial abuse, that occurs between family or household members. Can domestic violence affect custody and visitation rights in New Hampshire? Yes, domestic violence can have a significant impact on custody and visitation decisions. The court’s primary concern is the best interest of the child, and domestic violence can be a factor in determining what is in the child’s best interest. Can the court order supervised visitation if domestic violence has been proven? Yes, the court may order supervised visitation or no visitation at all if domestic violence has been proven. The court may also award custody to the victim and limit or prohibit contact with the abuser.	__label__cc	0.033167
Trump is innocent (for now), Congress is guilty (for now) Opinion: More than 700 prosecutors say there is enough evidence to charge the president with felonies. The Justice Department won't touch him. Which leaves it up Congress and ... um. More than 700 former federal prosecutors believe President Donald Trump should be charged with a crime. The prosecutors, who served under both Republicans and Democrats, said in an open letter on Medium that the only reason Trump hasn’t been charged with a crime is a Department of Justice opinion that a sitting president can’t be charged. (It's just an opinion. Not a law.) In the letter the prosecutors said, “Each of us believes that the conduct of President Trump described in Special Counsel Robert Mueller’s report would, in the case of any other person not covered by the Office of Legal Counsel policy against indicting a sitting President, result in multiple felony charges for obstruction of justice.” Why prosecutors won't say he's guilty Multiple felony charges. However, they are not presuming guilt. Just the opposite. They say in the letter, “Of course, there are potential defenses or arguments that could be raised in response to an indictment of the nature we describe here. In our system, every accused person is presumed innocent and it is always the government’s burden to prove its case beyond a reasonable doubt.” They’re not declaring Trump guilty. They’re saying there is enough evidence to indict. They’re saying the evidence should be further pursued because, as they wrote, “unchecked obstruction … puts our whole system of justice at risk.” Presenting the case for indictment The prosecutors point to three areas of possible obstruction. From the letter they read: - The President’s efforts to fire Mueller and to falsify evidence about that effort; - The President’s efforts to limit the scope of Mueller’s investigation to exclude his conduct; and - The President’s efforts to prevent witnesses from cooperating with investigators probing him and his campaign. Given the fact that the justice department believes a sitting president can’t be prosecuted in regular court, that leaves only one remedy for those who want to make sure that “unchecked obstruction” doesn’t put the “whole system at risk.” The House and Senate can investigate the points in the Mueller report brought up by the prosecutors. Will Congress step up? But if the administration refuses to allow witnesses to appear or refuses to cooperate, the only option would be impeachment. If the system of government we have is actually the system of government we have then that is how it would be done. Congress is not below the president, but an equal partner. The members of the House and the Senate swear an oath to uphold the Constitution, not to transform a president into a dictator. Who is innocent; who is guilty Democrats want to move forward and carry out their constitutional responsibilities, but Republicans, like Senate Majority Leader Mitch McConnell, have declared “case closed.” It’s not the case that is closed, however, but the minds of those bending to Trump’s whims rather than to their sworn responsibilities. Elected officials can be turned out of office for illegal or unethical behavior that is proved by way of a constitutionally mandated process. Until that happens, Trump is innocent. Until they make it happen, Congress is guilty. Reach Montini at email@example.com.	__label__cc	0.133715
Connect with and learn from others in the QuickBooks Community. Go to Solution. If you haven't changed anything yet, you can print a copy of the Form 1099 as you normally do. I'll show you how. Then, make some changes to correct the form. You might want to manually send the corrected form (Copy A) and Form 1096 to the IRS if you've already filed the Form 1099. Let me share this PDF file from the IRS about general instructions for certain information returns. Keep us posted if you have further questions. We'll be here to keep helping. View solution in original post This just requires you to pay to file the 1099s again. How can we print what has already been filed? Following the above requires us to pay again to file the 1099s. If we've already paid and filed the 1099's, how do we print a copy? Good day, desertzenyoga, I've got the steps where you can pull up submitted 1099s and print them with no additional charges. I'm glad to walk you through the steps: Here's an article: Common questions about 1099s to get answers to frequently ask about the form in QuickBooks Online. If you need to pull up other returns, check out the Archive old forms to know where to get them. It includes steps depending on your subscription. Should you need anything else, don't hesitate to click the Reply button. I'm always around to help you out. Thank you and stay safe!	__label__cc	0.23938
The nurse notes that an advance directive is in the client's medical record. Which of the following statements represents the best description of guidelines a nurse would follow in this case? A living will is invoked only when the client has a terminal condition or is in a persistent vegetative state. Reflects decisions made by administrative bodies such as State Boards of Nursing when they pass rules and regulations. And example of a this law: The duty to report incompetent or unethical nursing conduct to the State Board of Nursing. Results from judicial decisions made in courts when individual legal cases are decided. Examples of this law include informed consent and the client’s right to refuse treatment. The most common instances of this law that the nurse will encounter involve negligence and malpractice Prevents harm to society and provides punishment for crimes Protects the rights of individual persons within our society and encourages fair and equitable treatment among people. Usually, violations of this law cause harm to an individual or property. The damages for this law law involved the payment of money, unlike criminal laws which can result in law is created by elected legislatures, such as the state legislature that defines the Nurse Practice Act (NPA). Alerts a client to a condition that is not yet evident but that is certain to develop in the future. Knowing you could develop a debilitating disease has benefits and detriments are statutes created and enacted by the legislature of each state to ensure public safety Nurse practice acts Failure to obtain consent in situations other than emergencies will possible result in a claim of ? requires health care institutions to provide written information to clients concerning the clients’ rights under state law to make decisions, including the right to refuse treatment and formulate advance	__label__cc	0.116457
Mérida, Yucatán, (April 06, 2021).- Agents of the Municipal Police of Mérida reported a traffic accident that occurred on Calle 50 between 65 and 67 of the Historic Center, which resulted in a person with injuries in arms and head. According to the information gathered at the scene, a public transport bus driven by Fernando M.U., with registration number 57-HB-8G and economic number 5806 was traveling on Calle 50, when upon reaching the intersection of calle 50 with 65, ran over an elderly man, who suffered a probable skull fracture and a wound to his left arm. The municipal police officers closed the vehicular traffic on Calle 50. The ambulance with number Y-29 arrived at the scene and the paramedics provided medical attention to the injured senior citizen who showed stable signs. The man was immeditely transferred to O’Horán Hospital. The municipal experts arrived at the scene to clarify the corresponding legal procedures.	__label__cc	0.071707
BANKS AND BANKING; LOAN ASSOCIATIONS; CREDIT UNIONS FAMILY TRUST COMPANY ACT Qualifications; Safety and Soundness A family trust company shall provide trust, investment, and other services only to family clients. A family trust company's organizational documents shall prohibit the family trust company from transacting business with the general public. Source. 2015, 272:16, eff. Oct. 1, 2015.	__label__cc	0.067659
A criminal record search is the process of collecting and accessing criminal records arrest records and background regarding certain persons either through online providers or through local courthouses. Using online providers is an energy saver. If Florida public records free to be able to search for a criminal convictions offline first of all you have to submit a request for the record with every jurisdiction where the person has lived as the grownup. Later on you should request records from both the state and federal authorities. Thirdly you need to give the required fee if any to the state ability. Your request should be as specific as possible about the person including if available the persons legal name prior names Social Security Number SSN race date of birth present and past addresses. The procedure for obtaining a criminal records varies depending upon the jurisdiction that holds the record and the purpose for which you require record. Now online providers offer information about police records of the accused. There are two types of online criminal records searches namely Instant search and Delayed search. In case of Instant search one possess access to the records instantly and quickly but every state jurisdiction perhaps may not offer instant access to its criminal records. If we use a certified agent like Integra Scan for searching it called a delayed search that take more time to convey results. The results given by delayed searches are more complete than those which is available from instant searches. Even for state criminal records and federal criminal records or even separate options in websites for searching records. Similarly the methods for searching county criminal records change from country to country. All kinds of people and organizations use criminal record seeks. For instance business organizations need quest for knowing about the criminal record of their potential employees if any before offering them employment. A criminal record check is the actual procedure to be followed in the recruitment procedure of virtually all of the U.S. firms.	__label__cc	0.022302
WASHINGTON -- Two proposals by the President's Commission on Organized Crime to combat U.S. drug trafficking prompted criticism Monday with opponents challenging a wider military role as well as on-the-job drug testing to discourage users. Rep. Don Edwards, head of a House Judiciary panel on constitutional rights, said the commission proposal to expand the military's role in combatting drugs is 'a very bad idea' and clearly violates U.S. law expressly separating the military from civilian activities. 'We do not want the military acting like police,' Edwards said, adding that his subcommittee 'will resist that suggestion with much diligence.' The commission, citing the $110 billion drug industry as the 'single most serious organized crime problem' in the country, recommended to President Reagan Monday that drug smuggling be redefined as a 'national security' risk, warranting a 'much bigger' military role and drug testing by employers when 'suitable.' Barry Lynn of the American Civil Liberties Union said the proposal to increase military involvement in drug interdiction efforts violates the Posse Comitatus Act, which has 'been eroding over the years as the military is given a bit more power.' 'It is fundamentally bad,' Lynn said, 'to have civilian drug offenses investigated or in any way prosecuted with the use of military personnel' that have less stringent search-and-seizure standards. In June 1985, Defense Secretary Caspar Weinberger also opposed extending the military's role in the war against drugs. 'Reliance on military forces to accomplish civilian tasks is detrimental to both military readiness and the democratic process,' Weinberger said. On the drug testing for employees, which the report said should be mandatory for government contractors, Edwards said, 'Testing like that is repugnant in our system. 'It makes people prove their innocence in advance. It's just not acceptable,' the congressman said. The American Federation of Government Employees, representing about 700,000 federal workers, said, 'We oppose the witch-hunt mentality. Wholesale drug testing, we believe, would violate the Fourth Amendment.' Allan Adler, legislative counsel for the ACLU, agreed. 'We see no reason to treat millions of workers as if they were personally responsible for organized crime.' Rodney Smith, deputy executive director of the commission, however, said 'in more cases than not it is appropriate.' At a briefing for reporters, Smith said such tests are vital to curbing the demand for illicit drugs. The report also urged 'every private employer to consider the suitability of such testing' despite conceding the tests now are not 100 percent accurate. 'I don't see any civil liberties problems,' Smith said.	__label__cc	0.02849
Strict Liability for dog bite claims-the answer to the Animals Act ? - August 13, 2012 - Comments Off on Strict Liability for dog bite claims-the answer to the Animals Act ? The State of Maryland in the US of A are getting close to what they see as the solution for the victims of dogbites; they are bringing in what could be described as a strict liability approach. Basically this means that if your dog bites someone then that it is; you are liable for the injuries and losses that the injured party sustains as a result of the attack. There is no need to show that the animal had a tendency to bite or was of the kind of species that one would expect to be a bite risk. Maybe we can learn something from this, in the UK all dog bite actions are under the remit and wording of the Animals Act 1971 and, I think I do the act no disservice, when I say that it is regarded as one of the most badly drafted Acts currently on the statute books. Section 2(2) of the Act says ”Where damage is caused by an animal which does not belong to a dangerous species, a keeper of the animal is liable for the damage, except as otherwise provided by this Act, if - (a) the damage is of a kind which the animal, unless restrained, was likely to cause or which, if caused by the animal, was likely to be severe; and - (b) the likelihood of the damage or of its being severe was due to characteristics of the animal which are not normally found in animals of the same species or are not normally so found except at particular times or in particular circumstances; and - (c) those characteristics were known to that keeper ” As you can see it is not something you would want to explain to anyone after a few pints. Basically, if the animal is a non-dangerous species and dogs, in the main, fall into this category then you need to show that it would be likely that the animal would cause injury and that this was a result of the animal having personality traits that other dogs of the same species don’t have unless there are particular surrounding circumstance (such as guarding pups/property) and the owner knew about these personality traits. Not really much clearer is it ? How would strict liability apply? Basically all owners would be responsible for the actions of their dogs regardless of species and/or prior knowledge of the dogs behavioural trait. There may be cries that would be unfair and would drive up insurance policies maybe but a ‘no claims bonus’ scheme could apply so if your animal proved they were safe then the policy would drop and it would certainly come to the aid of those who are bitten and then cannot claim because it was a first-time bite from a non-dangerous animal in ordinary circumstances. At the moment the Animals Act leaves is badly phrased and open to various interpretations; the use of strict liability would remove such ambiguity and replace it with a solid message to the nation’s dog-owners. If it bites someone you pay someone.	__label__cc	0.195412
Online gambling has seen a surge in popularity, but with this growth comes the increased risk of fraudulent activities. This article discusses the regulatory measures put in place to ensure the protection of individuals against online gambling fraud. Licensing and Regulation One of the key regulatory measures to protect against online gambling fraud is the requirement for operators to obtain a valid license. This license is issued by regulatory bodies that oversee and regulate online gambling activities. These regulatory bodies ensure that the operators adhere to strict standards and adhere to fair gaming practices. Another important measure is the implementation of robust identity verification processes. Before a player can engage in online gambling activities, they are required to verify their identity using documents such as a driver’s license, passport, or utility bills. This helps in preventing underage gambling and ensures that individuals are not using fraudulent identities to participate in online gambling. Data Security and Encryption Regulatory measures also focus on data security and encryption to protect players’ personal and financial information. Online gambling operators are required to implement industry-standard encryption protocols to safeguard sensitive data from unauthorized access. This includes the use of SSL encryption to protect financial transactions and personal information submitted by players on the gambling platform. Responsible Gaming Initiatives Regulatory measures also include the implementation of responsible gaming initiatives. Online gambling operators are required to provide resources for problem gambling such as self-exclusion tools, deposit limits, and access to support services for individuals who may be experiencing issues with gambling addiction. These measures aim to promote responsible gambling practices and protect individuals from the adverse effects of problem gambling. In conclusion, regulatory measures play a crucial role in protecting individuals against online gambling fraud. From licensing and regulation to identity verification, data security, and responsible gaming initiatives, these measures contribute to creating a safer and more secure online gambling environment. It is important for both regulatory bodies and online gambling operators to work together to ensure the effectiveness of these measures in safeguarding individuals from fraudulent activities in the online gambling industry. Continue to explore the topic using this external source we’ve meticulously selected to supplement your reading. Mtweek.Com, discover new insights and perspectives on the topic! Access the related links and continue learning about the topic:	__label__cc	0.019906

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