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Investing money, if done wisely, can be a rather lucrative affair.
But it is, by its very nature, unpredictable and even seasoned investors can lose money on their investments.
It can therefore be quite tricky to know whether the money you've lost on your Stocks and Shares ISA or Investment Bond is just part and parcel of the investment process, or whether you are owed money as a result of poor financial advice.
Without any experience in the matter, it can be a minefield of confusing terminology leaving you with more questions than answers.
Losing money as a result of poor financial advice from your bank can leave you feeling helpless; however, the UK-based team can determine whether or not you are owed compensation.
What are mis-sold investments?
A mis-sold investment refers to the 'negligent, deliberate or reckless sale of an investment, where the investment was misrepresented or unsuitable for your needs.'
Whether that was through a smooth-talking salesperson who pressured you into making the investment or if the risks were not properly explained to you then you may have been a victim.
The type of products typically mis-sold include Stocks and Shares ISAs, Investment Bonds and Unit Trusts offered by most high street banks.
However, just because an investment you made didn't go quite to plan then that doesn't mean you have been mis-sold.
You could be owed more than you thought
Goodwin Barrett have helped thousands of people across the UK claim compensation, including William Miller from Yeovil.
Mr Miller received some money from his late father's estate and was advised by a high street bank to invest £100,000 into a Flexible Options Bond.
After the value of his investment began to fall he felt he had to cash out leaving him with a substantial loss. He was very concerned with the outcome, particularly as he told the adviser that he couldn’t afford to lose this money.
Goodwin Barrett investigated the situation and it became clear that the adviser had not taken his full circumstances into consideration when making recommendations.
Mr Miller was awarded a refund and interest on his loss of £37,900, which he was over the moon with.
He said: “This was a fantastic result I never expected. My sincere thanks for such a prompt and efficient service.”
Elsewhere, Adrian Hakes was advised to transfer his NHS pension into a Self Invested Personal Pension (SIPP) therefore losing all the accrued and future benefits he would have otherwise enjoyed.
His money was subsequently invested into Italian property funds, which failed.
Adrian was successfully awarded compensation thanks to Goodwin Barrett who appealed and got the maximum amount of £50,000 from the Financial Services Compensation Scheme (FSCS) for him.
It is worth mentioning that you do not need to use a claims management company to make a complaint to your bank. If your complaint is not successful you can refer it to the financial ombudsman service for free.
So how do I know if I have been mis-sold?
The team at Goodwin Barrett have compiled a list of questions to let you know if you are owed compensation. If your answer is 'no' to any of the below then you may be owed money because you received bad financial advice:
- Did your adviser properly explain the risks involved?
- Were you made fully aware that you might have lost money overall at the end of the agreed investment period?
- Were you made aware of how much money you stood to lose over the investment?
- Did the adviser clearly explain to you how the investment product worked?
- Were the terms of the investment fully explained – were you made aware of the financial penalties for taking out your money early?
- Were the annual management charge figures set out for you?
- Did your adviser take due care and consideration over what you hoped to achieve from your investment?
- Did your adviser ask what the returns were earmarked for – retirement, school fees, health care, and so on?
- Did your adviser ensure that you had a good level of investment understanding?
- Were you asked if you held other investments?
- Were the alternatives explained if the investment proved unprofitable?
If you can answer 'yes' to the following then you may have actually been pressured into a sale and can make a claim for investment mis-selling:
- Did the adviser lead you to believe that good returns were practically guaranteed?
- Were you led to believe that your initial investment was completely safe, even if the returns didn’t materialise?
- Did you feel pressured to make the investment?
- Did your adviser seem intent on selling you one particular product?
- Were you encouraged to move funds from an existing investment into another with a promise of higher returns?
I've been mis-sold, what is the next step?
If you believe you have been a victim of a mis-sold investment then contact Goodwin Barrett to see if you can claim compensation.
You will be assigned your own dedicated claims expert to go through hassle-free process.
Claims are settled on average within six weeks, from submission of claim to payout, and the North West company has reclaimed more than £100m for clients.
Amounts reclaimed are before the deduction of Goodwin Barrett's fee which is 40 per cent plus VAT, making a total of 48 per cent.
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Are different vehicles for carrying on business, such as companies, partnerships, trusts, etc, recognised as taxable entities? What entities are transparent for tax purposes and why are they used?
Tax (2nd Edition)
In Spain we have non-legal entities existing exclusively for tax effects, such as temporary unions of companies, groupings of economic interest, consolidated groups. These have a special taxation treatment that eases to group in one entity the results obtained by all the others forming the group and serving the same end.
Likewise, we have the listed corporations of investment in the real estate market (SOCIMI), which are Real Estate Investment Trust (REIT), these shall tribute at a rate of 0%. Nevertheless, if some circumstances concur, the entity shall be bound by a special encumbrance on dividends distributed to shareholders with a share equal or higher than 5%. These dividends, at partners’ residence place, are either exempt or subject to a tax rate inferior to 10%.
On the other hand, we also have the holding entities of foreign securities (Entidades de Tenencia de Valores Extranjeros ETVE, in Spanish) also known as Spanish holdings. These are the corporations benefiting from a special taxation regime which consists of the non-taxation of the dividends or gains they obtain for holding shares in foreign companies. Therefore, they are companies with a big number of foreign investors who, by investing their funds by means of a Spanish holding, manage to develop international investments without paying taxes for the income derived from them.
Individuals and incorporated businesses are recognized as taxpayers and have to pay taxes in Romania. Unincorporated structures as joint-ventures, partnerships or other similar structures are transparent for tax purposes with partners / participants being subject to business tax or individual income tax, as the case may be.
As set out at Question 7, companies, partnerships and trusts are all recognised as entities for income tax purposes. Partnerships are generally treated as fully tax transparent (i.e. a partnership’s net income and losses flow through to the partners) and trusts are generally treated as largely tax transparent (i.e. a trust’s net income can flow through to its beneficiaries, but its losses cannot), but there are exceptions. Partnerships and trusts which are (respectively) characterised as corporate limited partnerships and as public trading trusts or corporate unit trusts are broadly taxed like companies.
Taxation is one of many commercial and legal factors which can influence, or are relevant to, the choice of vehicle for carrying on a business. For example, when deciding upon the appropriate investment vehicle for a business expected to initially generate tax losses and involve capital assets such as land, from an income tax perspective, consideration may be given to the fact that:
- Tax losses are trapped within companies and trusts, but can flow through to, and be used by, the partners of a partnership to offset other income; and
- Companies are unable to access the 50% capital gains tax discount, whereas the beneficiary of a trust or a partner in a partnership may be entitled to the benefit of the discount.
All entities carrying on a profit-making activity are taxable entities. Hence, partnerships are taxable entities, but income tax is paid by partners.
As a general rule, France tax law does not acknowledge transparent entities.
The French 'société civile immobilière' (SCI) is the most common vehicle used for French real estate investments: flexible, quick & cheap, allows a tax consolidation of the profits and losses derived from the different stakes without any tax consolidation formalism, but with unlimited liability of the partners.
The French 'société en nom collectif' (SNC) is a commercial vehicle which can be found in real estate mixed with services such as hotels, care homes, student houses etc…with similar characteristics as the SCI.
Corporations and trusts are treated as separate taxable entities under Canadian income tax law. However, a trust is treated as a flow-through entity and not subject to income tax if distributes all of its income and gains for the year to its beneficiaries. Partnerships are not treated as taxable entities.
Limited partnerships are transparent for tax purposes and are primarily used as private collective investment vehicles. Limited partnerships can also be used to carry on an active business; however this is less common.
Mutual fund trusts are not transparent for tax purposes; however, they are typically taxed as a flow-through vehicle. They are typically used for public collective investment vehicles and REITs. They are not appropriate for carrying on an active business in Canada.
Canadian unlimited liability companies (ULCs) are not transparent for Canadian tax purposes. However, they are transparent for United States tax purposes. As a result, they are often used in structuring investments into Canada by US entities in order to achieve US tax benefits.
A company is recognized as an entity subject to Belgian corporate income tax if it constitutes a separate legal entity that carries out a profit-making entity and is deemed to be a Belgian resident.
Under Belgian law, the concept of legal personality generally serves as the main determinating nexus to classify an entity as a taxable entity. Entities without legal personality are therefore in principle treated as transparent for income tax purposes. Belgian tax law also provides for a limited list of entities with legal personality that are deemed not to have legal personality for tax purposes, such as the economic interest groupings and the European economic interest groupings.
Businesses in Bulgaria generally adopt a corporate form. There are five different types of corporate structures in accordance with the Commercial Act:
- Unlimited Partnership;
- Limited Partnership;
- Limited Liability Company;
- Joint Stock Company; and
- Limited Partnership with Shares.
The key differences relate to the number of members and the kind of liability of the members. For instance, Unlimited Partnerships require the personal participation of their members. Limited Partnerships require the personal participation only of their unlimitedly liable members. The members of Limited Liability Companies and Joint Stock Companies participate and are liable only to the extent of their capital participation. All entities listed above are taxed as separate legal entities.
Bulgarian law does not envisage the existence of transparent entities, ie, where the income is considered to be the income of its members. One specific entity is the consortium, because of the contribution of its members and the distribution of the profit, which is mostly used for public procurements, but it is not a classic transparent entity.
Yes. Corporations, partnerships, estates and certain trusts generally are treated as separate entities for U.S. federal income tax purposes. Partnerships and certain trusts are not subject to tax at the entity level.
Certain entities (generally limited liability companies (LLCs)) may “check the box” to elect their classification for U.S. federal income tax purposes. Except for entities that are per se corporations (such as U.S. state law corporations or similar foreign entities), an entity with at least two members can choose to be taxable as a corporation or a partnership, and a business entity with a single member can choose to be taxable as a corporation or disregarded as an entity separate from its owner. As disregarded entities are not recognized for U.S. federal income tax purposes, they are used in tax structures for a variety of reasons to allow a group of entities to report as one company for U.S. federal income tax purposes, but for other state or foreign law purposes to be recognized as a separate legal entities; for example, to hold assets or businesses separate from other related entities, to facilitate a parent company’s need to register an entity in a foreign jurisdiction in order to own assets or carry on its business and comply with local payroll and social insurance requirements.
In Ukraine only limited liability companies, joint-stock companies, individual entrepreneurs, etc., are recognized as taxable entities. Therewith, partnerships, trusts are not recognized as taxable entities in Ukraine and there are no companies which are transparent for tax purposes.
While Cyprus recognises a wide range of business structures, including all the above, only natural and legal persons (individuals, companies and their branches and permanent establishments, and foundations) are treated as taxable entities. Partnerships and trusts are treated as transparent for tax purposes and the income is assessed on the partners and the beneficiaries respectively.
Any vehicle for carrying business in Ecuador is an entity for tax purposes subject to income tax as a corporation would be. These vehicles include de facto entities and independent estates with or without legal personality.
The only transparent entity recognized in the Ecuadorian tax legislation is the “fideicomiso mercantil” if it is not engaged in a trade or business.
In the UK there may be a difference between the recognition of an entity for tax purposes and the incidence of tax liability. A company is a legal entity and pays tax at the corporate level. A general partnership is not a legal entity distinct from its partners (except in Scotland) but profits are computed at partnership level and consequent tax is levied at partner level on the individual partner’s share of the profit. A limited liability partnership is a legal entity for company law purposes but, provided it is trading, is treated like a general partnership for tax purposes, ie as transparent.
Trusts can attract income tax, capital gains tax or inheritance tax. The tax payable and the person responsible for ensuring the tax is paid largely depends upon the type of trust.
Yes. While the main form of conducting business is a limited company, there are several other entities that may be utilized, including partnerships and other forms of transparent entities such as family companies, trusts, and house companies (special companies suitable for investments in real estate).
By using an entity that is transparent for tax purposes, taxpayers can generally benefit from one level of taxation (that is, avoid the entity-level tax, which is applicable when utilizing a limited company). Partnerships, for example, are a common form of incorporation in Israel utilized by investment funds, including venture capital and hedge funds. Trusts are used by high-net worth families to effectively manage their wealth and its tax-efficient allocation among its members.
Only corporations (the most common type being the company limited by shares) are treated as taxable entities separate from their shareholders.
Partnerships are treated as transparent for tax purposes. Profits and capital of Swiss partnerships are directly attributed to the partners of the partnership and taxed at their level.
It is not possible to establish a trust under Swiss law. As a consequence, Swiss tax law recognises trusts as independent entities in limited circumstances only. As a general rule, assets (and income derived from those assets) contributed to a trust by a Swiss resident are still be attributed to said Swiss resident for Swiss tax purposes.
Companies can be incorporated in the form of società per azioni, società in accomandita per azioni, società a responsabilità limitata are considered taxable entities and subject to corporate income tax. The incorporation as società per azioni is required in order to carry out certain business activities (such as banking) while società a responsabilità limitata are usually used to carry out small-medium businesses.
Partnerships can be set up in the form of società in nome collettivo, società in accomandita semplice or società semplice and they are all transparent for income tax purposes, so that partners are taxed on their share of the partnership’s profits regardless of whether the partners are resident or non-resident of Italy. Societa’ in nome collettivo and societa’ in accomandita semplice are generally used to run small and medium size businesses; income accrued with these partnership and imputed to the partners is always classified as business income. Societa’ semplici are generally used for succession planning purposes and as holding companies of certain particular assets given the flexibility as to the rules applicable to their government and the fact that the income imputed to the partners does not lose its original qualification.
Trusts are generally qualified as taxable entities unless their beneficiaries are clearly identified and have a right to the income of the trust (such as a right to claim the distribution of an income); in such a case a trust is considered transparent and the income is imputed to the beneficiaries to the extent of their respective rights to the said trust income.
There are different vehicles through which it is possible to develop a business activity in Portugal. There are companies (including transparent companies) and other structures (such as foundations, associations and cooperatives) recognized as taxable entities, similar to what happens in most states.
By means of the Decree-Law 352-A/88, the Portuguese Government authorized the establishment of trusts exclusively devised to off-shore activities within the institutional framework of the Madeira International Business Centre (IBC).
As Portugal is a non-Common Law jurisdiction it does not possess internal legislation to regulate Trusts which are limited - to the Madeira IBC. In accordance with the applicable Decree-Law, the Settlor shall expressly designate the law that will regulate the Trust.
The trust is fully exempt from taxation on dividends received from shares, royalties or interest received on the deposits. All (non-financial) income distributed from the trustee to the trust’s beneficiaries is fully exempt of taxation provided these beneficiaries are corporate entities licensed to operate within the Madeira IBC or non-Portuguese resident entities/individuals.
Transparent entities in the Portuguese tax system are: civil-law companies not incorporated under a commercial form, incorporated firms of professionals and holding companies the equity capital of which is controlled, directly or indirectly, during more than 183 days by a family group or a limited number of members, under certain conditions.
For CIT purposes, the tax transparency regime also applies to ACE’s Complementary Business Groupings (ACE’s) constituted and operating in accordance with the applicable law and to European Economic Interest Groupings (AEIE’s), treated as resident.
The transparency regime is essentially characterized by attributing to the shareholders or members of the transparent entity its taxable amount (or, in case of ACE or AEIE, respective profits or losses), even in case of undistributed profits. Thus, the transparent entity is not liable to IRC, and the amounts attributed to the taxable income of its shareholders or members being therefore embodied for CIT or PIT purposes, depending on the specific case.
Where the shareholders or members of companies covered by the tax transparency regime are non-resident, there shall be considered derived income attributed to them through a permanent establishment situated within the Portuguese territory.
The Income Tax Act recognises companies, branches of foreign companies and trusts as taxable entities. Based on current law, all forms of partnerships (limited liability partnerships and general partnerships) are transparent for tax purposes and their income is taxed at the hands of the partners.
From the perspective of income taxation, Polish law recognizes differences in entity structures, such as companies and partnerships; however, it does not explicitly regulate the tax status of trusts. Corporations and partnerships limited by shares are treated as taxpayers of Corporate Income Tax separate from the partners. Partnerships are transparent from an income tax perspective which means that revenues and costs are allocated for tax purposes to the partners. These tax transparent vehicles are often used by individuals due to the fact that in these cases the tax is paid only once, whereas in the case of companies, the tax is paid twice (on the income of the company and on the dividend paid to the shareholder). Limited partnerships are sometimes also used by companies which enable splitting various investments into separate operating entities and at the same time grouping the tax results of all of the entities at the shareholder company.
From the VAT perspective, companies and partnerships are treated as taxable entities.
Yes. Japanese corporate law makes available several options of corporate forms; among these, the most commonly used one is a kabushiki kaisha (stock corporation; commonly referred to as a “KK”). A godo kaisha, which is modeled after a U.S. limited liability company (LLC), is also common for small businesses or as subsidiaries of foreign companies (commonly referred to as a “GK”). As Japanese corporations, a KK or a GK is taxed as a corporation, and cannot be taxed as a transparent or passthrough entity.
Only non-corporate business forms are eligible for transparent or passthrough taxation for Japanese tax purposes. These business forms take the form of a partnership (kumiai), which is an aggregate of partners based upon a contractual relationship, but not being an entity separate and distinct from the partners. A partnership (kumiai) is taxed as transparent or passthrough; that is, they will not be treated as an independent taxpayer, but rather their partners are taxed as taxpayers with respect to the income derived from the business of the partnership. In general, the profits and losses derived from the business of the partnership are allocated to each of the partners based upon the percentage agreed upon in the relevant partnership agreement (most commonly, the ratio of capital contributions). There are rules for limitation of allocation of losses to certain passive partners (e.g., limited partners) to prevent tax avoidance using these partnership structures.
Trusts are also recognized. Generally, plain-vanilla common-law type of trusts are disregarded and treated as a conduit, i.e., it is treated for tax purposes as if the beneficiary of the trust owned the entrusted assets directly and derived the income and gains from the entrusted property directly. However, some special types of trusts are treated as a corporation by itself (i.e., as a standalone taxpayer apart from beneficiaries), and some investment trusts used as a collective investment vehicle are treated as somewhat an opaque entity, i.e., the trust itself is not a taxable entity and the beneficiaries or the investors are taxed only when they received actual distributions.
The Dutch corporate income tax act prescribes which entities are taxable entities. These are i.a. limited liability companies (i.e. NV or BV), other entities with a capital divided into shares, cooperative associations (i.e. Coop), associations and foundations to the extent they conduct an enterprise and "open" limited partnerships (i.e. CV).
A limited partnership is considered "open" and thereby becomes a taxable entity if the limited partners can transfer their partnership's interest without the unanimous consent of all other partners. A limited partnership is not a taxable entity if it is considered "closed", which means that for the transfer of a partnership interest the unanimous consent of all partners is required.
Dutch law does not include the trust. Trusts are generally considered to be transparent for tax purposes.
Pursuant to article 7 of the Income Tax Law, the concept of legal entity comprises, amongst other, business corporations or companies, decentralised agencies whenever they primarily carry out business activities, financial institutions, partnerships and joint ventures.
Nevertheless, different tax treatments could be applicable depending on the nature of the relevant legal entity. Although tax transparency is not recognised per se with respect to Mexican entities or vehicles, certain types of trusts could be subject to a pass-through treatment as if they were fiscally transparent. That is, tax consequences arising from income derived by such trusts would be triggered at the level of its beneficiaries. Said vehicles are commonly used due to the versatility they offer. For instance, they are incorporated by means of an agreement or contract and can adopt a wide range of corporate purposes. Furthermore, they tend to be considered as attractive vehicles to channel foreign investment in the country since they allow for tax consequences to be triggered at the level of the beneficiaries (for instance, treaty benefits could be claimed by the beneficiary participating in the vehicle).
Notwithstanding the foregoing, it should be noted that in certain cases Mexican tax laws do recognise the tax transparency of foreign entities or vehicles.
The most common company types in Norway are General Partnership (ANS), Limited Partnership (KS/IS) and Limited Liability Company (AS). Partnerships and Limited Partnerships are separate legal entities, but are considered transparent for tax purposes. Profits and losses generated by a partnership are calculated at the partnership level and the result is allocated to the partners and taxed at their hands. Limited Liability Companies qualify as taxpayers separate from the shareholders.
Trusts may not be formed under Norwegian law. Generally, trusts formed under the law of another jurisdiction would be recognised for tax purposes and would be regarded as being a separate taxable entity.
a) Taxable entities
German tax law differs between tax transparent entities, such as partnerships, and non-transparent entities, such as corporations. For income tax purposes the taxable income of a partnership is generally allocated to its partners in proportion to their interests held and taxed at the level of the partners. German tax law provides for an exception from the tax transparency of partnerships if profits are not distributed to the partners upon application.
Corporations are treated as separate and distinct from their shareholders, so that the taxable income is taxed at the level of the corporation itself.
As regards trade tax, partnerships and corporations are generally liable to trade tax.
b) Business reasons for the usage of tax transparent entities
Tax transparent entities are primarily favourable if the partner wants to use losses from the business carried out with the partnership to reduce his personal tax burden. A part of the trade tax can be credited against the income tax of the partner provided he is an individual.
For Austrian tax purposes it has to be distinguished between intransparent and transparent entities.
Stock companies (Aktiengesellschaft (AG)), limited liability companies (Gesellschaft mit beschränkter Haftung (GmbH)) and private foundations (Privatstiftung) are intransparent and subject to Austrian corporate tax law. Private foundations may not run an active business.
Partnerships - most importantly the general partnership (Offene Gesellschaft (OG)) and the limited partnership (Kommanditgesellschaft (KG)) are legal entities, but treated transparent for tax purposes; income is taxed proportionally in the hands of the partners.
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Bankruptcy bidding training Chadwick missouri11.04.2020
Sep 17, A voyage-bidding lender (“Lender”) acquired a mi's pas “in 'good Amie of Missouri, Voyage of New England, New South Pas, Australia ne (n) of the Pas Amie,'” held the U.S. Ne Court for the or subsidiary of the voyage except in the ordinary arrondissement of business. Si of arrondissement is often sold in bankruptcy by amigo auction. The use, ne or pas of property that is not in the ordinary ne of the xx's In general, however, bankruptcy pas will voyage some sort of open xx. Amie 9 of the Voyage. The use, pas or pas of pas that is not in the ordinary course of the arrondissement's In general, however, xx courts will voyage some voyage of xx amigo. Property of pas is often sold in pas by public voyage. Aug 30, A voyage under Voyage of the United Pas Casper Wyoming property after bankruptcy Amigo ("Voyage Ne") The ne and the arrondissement horse amie then voyage an asset mi agreement Of mi, there are some pas and pas. Sep 17, A amie-bidding lender (“Ne”) acquired a voyage's assets “in 'voyage University of Missouri, University of New England, New South Wales, Australia section (n) of the Amie Xx,'” held the U.S. Pas of pas is often sold in amigo by public voyage. Missouri Pre-Discharge Mi Mi Mi. The voyage amie typically has to voyage greater pas than other pas in negotiating the ne, performing due xx, and otherwise voyage the "voyage" for. Amie of value is often sold in bankruptcy bidding training Chadwick missouri by public auction. Apr 16, Private Sales under Amigo Voyage Voyage pas to use, pas, or lease their pas in the ordinary pas of business without court si.
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In an unfortunate incident that happened in Gujranwala, a doctor who was running late to the clinic was tragically shot by a patient. The crime happened inside the boundaries of Ferozewala Police Station’s jurisdiction.
The doctor’s tardy arrival infuriated the patient. The patient called the doctor and asked for him to show up at the clinic right away.
The two got into a heated dispute about the delay when they got there. Unfortunately, the argument became so heated that Raza pulled a gun and instantly shot and killed the doctor.
According to preliminary findings, the suspect may have been using drugs when he opened fire.
To find and apprehend the offender, the police have started a manhunt.
Police officials have informed the public that every effort is being taken to guarantee that justice is served. The incident took place inside the Ferozewala Police Station’s purview.
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Fresno Misdemeanor Attorney
There is a common misconception that misdemeanor arrests are minor, and nothing to worry about, but any Fresno misdemeanor attorney will tell you nothing could be further from the truth.
Misdemeanors may be less serious than felonies, but they are much more serious than an infraction, such as speeding. While a felony conviction can end with a prison term of more than one year, a misdemeanor sentence can include a jail term of up to one year and a fine of up to $1,000. There are some misdemeanors that, under certain circumstances, can even be upgraded to a felony.
For instance, if you have been charged with a misdemeanor and have a prior criminal conviction, the chances of your misdemeanor charges being upgraded to a felony are amplified. You do not need to have a violent criminal past for the prosecution to upgrade a misdemeanor charge to a felony. A DUI, a shoplifting conviction, or any other minor crime from your past, may cause the prosecution to elevate a misdemeanor to a felony. In certain cases, a misdemeanor may also be elevated to a felony if the crime in question caused injuries to the victim.
If you have been convicted of a misdemeanor, you can expect:
In case of a domestic violence misdemeanor conviction, the court may even order you to stay away from the person who made the allegations against you, severely impacting your personal life.
A misdemeanor arrest is no small matter. A misdemeanor conviction can carry significant penalties, appear on your criminal record, and in some cases, be elevated to a felony. Prosecutors will take into consideration the seriousness of the crime, as well as many other factors, before deciding to elevate a misdemeanor to a felony. Being charged with a felony not just makes your case more difficult and expensive to defend, but also opens up an entire range of strict and severe penalties if you are convicted. It is vital to contact a Fresno misdemeanor defense lawyer as soon as you are charged with any crime.
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Friday, February 4, 2011
SPECIAL ORDER OF BUSINESS
Saturday, March 12, 2011 - 11:00 A.M.
Consideration of executive nominations
S. C. R. No. 19 - Requesting DOH name WV 3 from intersection with WV 94 to Raleigh County Line "John Protan Highway".
Com. Sub. for S. B. No. 281 - Criminalizing installation of certain invasive software on mobile devices (original same as H. B. No. 2947).
S. B. No. 349 - Requiring bittering agent be placed in certain engine coolants and antifreezes - (Com. title amend. pending).
Com. Sub. for S. B. No. 78 - Requiring parental consent and accompaniment for minor to use tanning device.
Com. Sub. for S. B. No. 186 - Authorizing State Police issue subpoenas to internet service providers in cases of suspected child pornography (original same as H. B. No. 2546).
Com. Sub. for S. B. No. 195 - Relating to requirements to serve as magistrate (original same as H. B. No. 2540).
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A Montreal man has pleaded guilty in a North Dakota court to running a major fentanyl trafficking operation into the United States, which he operated while serving a sentence in a Canadian penitentiary.
Daniel Vivas Ceron, 38, used a mobile phone to co-ordinate shipments of opioids. His plea agreement linked the trafficking to the fatal overdose of four Americans, including Bailey Henke, an 18-year-old whose death triggered one of the investigations that led to Mr. Vivas Ceron’s arrest.
The minimal penalty for the first of the three criminal counts to which he pleaded guilty, for drug trafficking, is a life term. But the plea agreement says that prosecutors will recommend a “downward adjustment” to his sentence.
Mr. Vivas Ceron entered his plea Friday in Fargo, N.D.
“From a Canadian jail cell, Daniel Vivas Ceron directed a deadly drug ring that fuelled the opioid epidemic and took the lives of four Americans,” U.S. Assistant Attorney-General Brian Benczkowski said in a statement. “Today’s guilty plea brings some measure of justice for the victims and families."
Born in Colombia, Mr. Vivas Ceron moved to Montreal as an eight-year-old when his mother, Maria, tried to start a new life away from her drug-addicted husband.
In an affidavit filed in court, Mr. Vivas Ceron said that as he grew up in Quebec, he tried to enlist in the Canadian Forces, then considered joining the RCMP. But eventually he started associating with drug dealers, “stupidly, like all my decisions made those recent years,” he wrote.
By 2002, he was convicted of cocaine trafficking and attempted murder and was held at the Drummond Institution, a medium-security penitentiary midway between Montreal and Quebec City.
He was still behind bars in 2014 when the U.S. Drug Enforcement Agency (DEA) began investigating how fentanyl and other narcotics were arriving in Florida from Canada.
Posing as a drug buyer, a DEA special agent purchased 400 tablets of acetyl fentanyl from someone whose e-mail address was found to be used by Mr. Vivas Ceron. The DEA found that Mr. Vivas Ceron communicated either by e-mail or with the Wickr messaging app.
As the DEA investigation progressed, Mr. Henke died of an overdose in January, 2015. U.S. Homeland Security Investigations (HSI) agents found that the drug came from a local supplier named Brandon Hubbard, who said he ordered his fentanyl from someone calling himself “Joe Bleau.”
Joe Bleau is Quebec slang to designate an average, anonymous man. According to court documents, it was one of the online aliases used by Mr. Vivas Ceron.
Posing on Wickr as Mr. Hubbard, HSI agents purchased thousands of dollars’ worth of drugs from Mr. Vivas Ceron in the spring of 2015. They recovered e-mails of his associates, including one that said, “New fent is 99.3% I have the analysis. New batch is even stronger than last.”
In June, 2015, the RCMP searched Mr. Vivas Ceron’s prison cell and found a mobile phone and a ledger with tracking numbers for drug parcels.
He was to be released in July, 2015. Since he didn’t have Canadian citizenship, he was to be deported to Colombia. But Canadian officials put him on a flight with a stopover in Panama, where local police arrested him on a U.S. warrant.
In a letter filed in court, U.S. prosecutors confirmed they had been told by Canadian officials of the Panama stopover, but had not chosen that flight. “Frankly, we wanted the Canadians to travel through the United States so we could arrest Vivas Ceron here, but they would not alter their schedule.”
After his arrest, U.S. agents met his mother, a missionary, who was waiting for him at the Bogota airport. “She could not understand how her son could be in trouble or commit a crime while being in prison,” the agents reported.
Our Morning Update and Evening Update newsletters are written by Globe editors, giving you a concise summary of the day’s most important headlines. Sign up today.
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PERSONAL FINANCIAL PLANNING
and Accounting Considerations of Antenuptial Agreements
By Mohamed E. Bayou, Alan Reinstein, and Laurel Stuart-Fink
Antenuptial agreements, also commonly called prenuptial agreements (prenups),
are no longer only for the rich and famous. Just as companies often require
their employees, suppliers, and affiliates to sign similar types of agreements
before committing to certain employment and contractual relationships, couples
planning marriage now often seek the benefits of such agreements.
Antenuptial agreements have become increasingly common, especially with the
increased numbers of second or blended families, where spouses
look to protect their childrens inheritances from these new relationships.
Such agreements also help to reduce protracted divorce litigation, providing
welcome relief to congested family law dockets.
Antenuptials seek to define prospective spouses financial rights, duties,
and obligations during marriage and in the event of death or divorce. They
are generally legal and governed by both common-law principles and specific
Reasons for Antenuptial Agreements
Antenuptial agreements are normally designed to accomplish several objectives:
Protect identified assets from transfer to the other party
upon cessation of the marriage in the event of divorce or death;
Protect the rights of children from prior marriages (e.g.,
to preclude a business owners children from a prior marriage from
losing certain business rights to the new spouse);
Avoid disputes related to such issues as opportunity costs,
ambiguous valuation methods of properties, liabilities and contingencies;
Avoid improper provisions. For example, Stan Lowton (a lawyer
for Donald Trump) noticed a client imposing a $1,000 penalty for every pound
a wife gained.
Lowton asserted that [n]o court would enforce that kind of provision,
and it could spur the judge to toss the whole thing out.
Some parties seeking antenuptial agreements misconceive the objects they
want to protect. For example, many such objects may not need an antenuptial
agreement, as state laws already provide the necessary protection, such as
joint tenancy and testamentary devices.
About 5% of all first marriages and 20% of remarriages entail antenuptial
agreements, thereby making such contracts an attractive means to deal with
potential disputes over property, liability valuation, and distribution. Indeed,
antenuptials may be the only guard against increasing uncertainty and risk.
Conditions of a Valid Antenuptial Agreement
In 1976, the Uniform Antenuptial Agreement Act (UPAA) first provided uniform
guidelines to govern the issues involved in a valid antenuptial agreement
contract. Antenuptial agreements have features different from regular contracts.
For example, the UPAA provides that as long as such agreements do not violate
public policy, they can include any contractual agreement except child support
and custody. Moreover, the wisdom and fairness of the bargain of an antenuptial
agreement may be argued and even decided on conditions existing at the time
of performance, rather than at the time of contracting. While such soft
issues as agreeing on who will cook or wash the dishes are virtually unenforceable,
the UPAA states that an antenuptial agreement may address such issues as
Modifying or eliminating spousal support;
Allocating property upon separation, marital dissolution,
or death; and
Ownership rights in the disposition of proceeds from a life
In addition, enforceable antenuptials should observe certain conditions:
No coercion. As in any other type of contracts,
evidence of coercion will void the contract. For example, signing the contract
one day before the wedding day could indicate that one spouse signed the
contract under duress. On the other hand, the court will look at the overall
fairness of the circumstances. For example, in Michigan, even an antenuptial
agreement signed after the ceremony on the same date as the wedding was
considered enforceable [Storey v. Storey, 275 Mich 675, 267 NW (1936)],
based on evidence that the parties negotiated the contract at arms
length. Moreover, a Massachusetts appellate ruling recently enforced an
antenuptial agreement re-signed several months after the marriage ceremony
(Rosenblatt vs. Rosenblatt, 39 Mass. App. Ct. 297; 655 N.E.2d 640;
1995 Mass. App. Lexis 795). Ultimately, the two parties should establish
a clear record of unimpeachable facts to support their voluntary decisions
prior to and at the date of signing the contract.
Fairness. Fairness is extremely critical to
invalidate allegations of coercion, fraud, or other improprieties. For example,
if one spouse is expected to be the sole wage-earner and the other the childrens
primary caretaker, the court may view an antenuptial agreement purporting
to bar spousal support as inequitable unless sufficient assets are allocated
to the homemaker spouse to ensure future financial security. In any event,
marriage in and of itself is sufficient consideration for an antenuptial
agreement, although additional consideration is commonly present, such as
each party giving up some property interest in the marital estate. Consistent
with general contract principles, the courts generally will not look at
the sufficiency of the monetary consideration in the absence of an allegation
of fraud or mistake.
Full disclosure of assets and liabilities.
Full disclosure is the key to a solid antenuptial agreement. Agreements
that fail to disclose major valuable assets or known debts can be rescinded.
Writing in the ABA Journal (January 1993, pp. 8586), Ira Lurvey advised
that the unique circumstances of each marriage relationship militate against
the use of boilerplate or short-cut agreements. An attorney
should represent each party, and each attorney must counsel the client to
disclose fully all of his or her assets and liabilities, lest the agreement
be successfully challenged. Attorneys lacking complete information regarding
their clients assets, liabilities, and other unique circumstances
cannot effectively advise their clients regarding the fairness of antenuptial
No contradiction to laws. Antenuptials should
not attempt to override the judicial process regarding child custody, parenting
time, or child support. This condition follows the legal principle that
parents may not barter away their obligations regarding childrens
support or what is in the childrens best interests. Such agreements
should also not minimize a spouses unlimited liability in such community
property states as California.
Antenuptial agreement and a waiver of survivor benefits
in retirement plan. While the Employment Retirement Security Act
of 1994 (ERISA) allows waiving certain benefits, prenuptial agreements cannot
supersede such requirements. In Peter Hurwitz v. Joan Lear Sher,
982 F 2nd 778 (2nd Cir., 12/28/92), before their wedding, Hurwitz and his
wife entered into an antenuptial agreement in which each spouse waived all
rights to the others property. Hurwitz died while married to his wife.
After death, his son, who was named as the primary plan beneficiary, sued
the wife, asking the court to determine that he was the sole beneficiary
of his fathers interest in the plan. He claimed that the wifes
signing the antenuptial agreement constituted consent to waiving the spousal
survivor annuity. A district court held for the spouse, ruling that her
consent did not meet the IRC section 417(a) requirements, which require
a spouse to sign the waiver, and that the couple were not married
at the time that they signed this antenuptial agreement. Despite an appeal,
the appellate court upheld the district court decision.
Based upon the above criteria, an antenuptial agreement should include the
following provisions, subject to modifications of individual situations:
Declaration of underlying reasons for parties to enter
Statement of consideration (which often includes the marriage
itself and additional promises of acknowledged value);
A statement of each partys rights and powers relating
to premarital assets;
A statement of each partys waiver as to assets separately
owned by the other party;
A statement of limiting liability for the other partys
debts, including an indemnification agreement;
Detailed description of the specific provisions relating
to termination of marriage;
A statement that the agreement overrides the laws of intestacy,
dower, and right of election;
A statement that each party has fully disclosed to the other
party all assets and liabilities;
A statement that each party has had the opportunity to review
the agreement with legal counsel of his/her own choosing, and has received
independent advice regarding the legal and financial, tax, and inheritance
effects and consequences of the agreement;
A statement that each party acknowledges that the agreement
entitles the party to less than he/she might otherwise be entitled to of
the other partys assets, in the event of death or divorce;
A statement that each party enters into the agreement freely
and voluntarily (i.e., without coercion);
A statement that no modification shall be made or be enforceable
unless in writing, dated, witnessed, and notarized; and
A statement identifying which states laws control
States Enforcement of Antenuptial Agreements
The 50 states treat antenuptials differently. Until 1970, all states had
dubious enforcement provisions for antenuptials, because applicable laws were
not well developed. However, all states now uniformly enforce such agreements,
subject to statutory restrictions or common-law contractual concepts. By 1993,
at least 18 states had adopted some variation of the UPAA. According to Lindey
and Parley on Separation Agreements and Antenuptial Contracts (2nd ed.,
2001), 21 states have substantially adopted the UPAA: Arizona,
Arkansas, California, Colorado, Connecticut, Hawaii, Illinois, Iowa, Kansas,
Maine, Montana, Nevada, New Jersey, North Carolina, North Dakota, Oregon,
Rhode Island, South Dakota, Texas, Utah, and Virginia. Eighteen states and
the District of Columbia recognize the validity of antenuptials, using common-law
principles: Alabama, Alaska, Delaware, Florida, Indiana, Kentucky, Maryland,
Mississippi, Missouri, Nebraska, Ohio, Pennsylvania, South Carolina, Tennessee,
Vermont, Washington, West Virginia, and Wyoming. Eleven states have enacted
statutes other than the UPAA: Georgia, Idaho, Louisiana, Massachusetts, Michigan,
Minnesota, New Hampshire, New Mexico, New York, Oklahoma, and Wisconsin.
Michigan courts enforce antenuptial agreements that otherwise meet the prerequisites
of a valid contract (e.g., not fraudulently induced or arising from coercion
or a mistake). Even if a Michigan court finds an antenuptial unenforceable,
it may still refer to the agreement as critical evidence of a spouses
intent, particularly where disputes arise over distribution of a deceased
Attorney fees to draft antenuptial agreements depend on such factors as the
attorneys experience, the agreements complexity, and the value
of the marital estate involved.
Some married couples would like to draft or modify their own agreements based
on pro forma, standard forms available in bookstores or libraries, then ask
an attorney to review their form to check for invalid statements or contradictions.
However, in our opinion, a lawyer representing both parties in drafting an
antenuptial agreement unquestionably contradicts ethical precepts, even if
the parties seem amicable, and may face malpractice liability by a potentially
aggrieved party to the antenuptial agreement. Similarly, both parties may
well use separate CPAs, such as for an opinion on the appropriateness of a
pro forma agreement that already contains most financial details.
Each party should obtain independent legal advice, especially when one party
has substantial assets, burdensome debt, children from prior marriages, or
where a party harbors uncertainty about the other partys circumstances,
intentions, or motives in seeking such agreements. Independent legal advice
protects both parties. By ensuring fairness, challenges to enforceability
are far less likely to occur or succeed.
The Role of Accountants and Lawyers
Given their separate duties and areas of expertise, accountants and lawyers
can and should team up to develop effective and valid antenuptial agreements,
such as by jointly
Identifying objects of concern the parties seek the agreement
to protect (e.g., properties existing before the date of marriage, or such
future-earned values as pensions, social security payments, and accretion
of farm animals). At this stage the professionals should distinguish between
significant and insignificant items.
Developing an inventory of all significant assets, tangible
and intangible. Tangible assets have physical substance, such as cars, furniture,
jewelry, and consigned goods if the spouses business is the consignor.
Intangible assets lack physical substance (e.g., copyrights, trademarks,
patents, pension funds, and life insurance surrender value). Writing on
antenuptials in Forbes magazine in 1994, T. Gutner recommends including
compensation and all financial assets, and excluding extraneous provisions
such as who will get the pets.
Developing an inventory of debt, including mortgage loans,
education loans, promissory notes payable, credit card debt, open accounts
payable, IOUs, and contingent liabilities (e.g., discounted notes receivable
with recourse, and product warranties). Even innocent omissions
of assets or debt could void the whole contract.
Using precise language. For example, assets, liabilities,
expenses, revenues, income, and losses have precise meanings when agreeing
on the value of such businesses as a restaurant, gas station, or printing
store that the parties in the antenuptial agreement own.
Using consistent measurements. Accounting measurements have
such dimensions as
Absolute value vs. percentages. Should periodic
support payments to a spouse be stated as monthly dollar amounts
or as percentages of the payers monthly salary?
Spousal support vs. property settlement. Under spousal
support recapture rules, payments become income for income tax purposes
(taxable to the recipient and deductible by the payer). However, spouses
seeking to use the antenuptial agreement to ensure that all transfers
made after divorce avoid both income and gift taxes should have the
agreement make all payments conditional on their inclusion in the divorce
Interplay between spousal support and child support. The
spousal support provision in an antenuptial agreement should not conflict
with court-ordered child support. For example, if a child support arrearage
arises and a risk exists that spousal support payments made pursuant to
an antenuptial agreement will be applied by the court to the child support
arrearage, the situation may give rise to a material breach of the antenuptial
agreement provision for support.
Market or book value. Most agreements should use the book
value, which equals the propertys original cost less the accumulated
depreciation up to the point of division. The book value is more objective
than market value because it is verifiable. Disputes regarding market value
can also arise, as when divorcing couples jointly own a machine used in
the business with different replacement cost and forced
liquidation values. Gutners article in Forbes quoted Raoul Felder,
who recommended inflating your net worth 10% to 20%. That way your
spouse cant argue later that anything was undervalued.
Tax and trust issues. The accountant can provide
valuable professional advice on such issues as minimizing taxes on capital
gains, allocating assets to minimize tax liabilities to spouses and their
children, and coordinating trust and prenuptial agreements to benefit all
Mohamed E. Bayou, PhD, is an associate professor of accounting in
the School of Management at University of Michigan-Dearborn.
Alan Reinstein, DBA, CPA, is the George R. Husband Professor of Accounting
at the School of Business of Wayne State University.
Laurel Stuart-Fink, JD, is an attorney practicing in West Bloomfield,
Milton Miller, CPA
William Bregman, CFR, CPA/PFS
Theodore J. Sarenski, CPA
Dermody Burke & Brown P.C.
David R. Marcus, JD, CPA
Marks, Paneth & Shron LLP
The CPA Journal is
broadly recognized as an outstanding, technical-refereed publication aimed
at public practitioners, management, educators, and other accounting professionals.
It is edited by CPAs for CPAs. Our goal is to provide CPAs and other accounting
professionals with the information and news to enable them to be successful
accountants, managers, and executives in today's practice environments.
©2002 CPA Journal. Legal
Visit the new cpajournal.com.
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Many people are confused as to what constitutes a child allocation or parenting time emergency. What is a child allocation or parenting time emergency?Continue reading “Child Allocation and Parenting Time Emergencies: The Basics”
Earlier this year, the Illinois General Assembly passed House Bill 2537, which will change spousal maintenance payments in Illinois and will come into effect in 2018.Continue reading “Spousal Maintenance Duration Changes Coming to Illinois in 2018”
On July 1, 2017, Illinois underwent a major overhaul of it’s child support laws. Before July 1, child support involved taking a certain percentage of the payor’s net income for each supported child, specifically 20% for one, 28% for two, 32% for three, and 40% for four or more. Although the new system appears difficult to understand, the new laws actually help to create a fairer outcome than the previous laws allowed. The new laws help to make sure each parent pays the fair share of raising a child.Continue reading “Illinois Child Support Now Includes Income Sharing”
Sometimes people have been separated for many years and have never gotten divorced. They may figure that they have no children, they own no real property, they have no marital property, or they never plan to remarry, so what’s the big deal? If you have been separated for many years, in the eyes of the court you might as well still be living together because your rights and responsibilities are still the same. Anything that you have purchased is marital property, even if purchased in your own name. Your spouse is still entitled to a portion of your pension benefits, and if you die without a will, your spouse will still be able to get a spouse’s share of the intestate estate. The only way to separate your finances from a spouse is through a legal separation, which is a court proceeding, or a divorce. Continue reading “Divorcing a Missing Spouse”
The short answer is: more than likely.
If you are no longer with the other parent of your children, the court entered either a visitation schedule via a parenting agreement, or a parenting plan via an allocation judgment. This schedule should cover weekly visitation, as well as breaks, birthdays and holidays. What happens when the parent who has a child support obligation fails to pay? Can you just revoke that parents’ time with the children?
What does the law say?
According to the law, child support and time with the parent are completely unrelated. If your children’s other parent is under an obligation to pay support, and has not paid, you cannot withhold the children from visits in retaliation. In fact, doing so might subject you to a charge of visitation interference. Visitation interference is a criminal offense in Illinois. A person committing unlawful visitation or parenting time interference is guilty of a petty offense. Any person violating this Section after 2 prior convictions of unlawful visitation interference or unlawful visitation or parenting time interference, however, is guilty of a Class A misdemeanor.
So what do I do?
You send the children regularly for visits and deal with support through the proper channels with the court. If a parent is not paying support, you can seek help collecting from the States’ Attorney via the IV-D program. The advantage to the IV-D program is that it’s practically free. The disadvantage is that it takes significantly longer to get your case to a hearing than if you hire a private attorney.
If you choose to use a private attorney, you will have to pay a retainer up front, but the attorney can seek to have the other parent, who is violating the support order, reimburse you for your legal fees. The amount that is reimbursed is up to the judge, so it may not be the full amount of what you’ve had to spend to enforce your child support order.
If the other parents has failed to pay due to unemployment, the court can force that parent to keep a job diary, where that person comes to court and reports on job seeking efforts, usually on a weekly basis.
What if, after all this effort, the other parent still hasn’t paid?
When a parent has violated a court order to pay support, the person who is owed support can filed a pleading that asks the court to order the other parent to pay and get caught up. After a hearing, the court will set the amount owed, and will set a date by which that amount should be paid. This is called a purge. If a person has not paid the purge by the date set by the court, the judge can incarcerate the delinquent parent until he or she pays the purge.
Do you need assistance with modifying a visitation schedule or with collecting support? I practice in Cook, Lake and DuPage counties, and can help you. Give me a call at (708) 466-6912.
First we will start with what’s not an uncontested divorce. If you don’t know how to contact your spouse, you cannot get an uncontested divorce. You will be able to get a divorce by default, but even still, that it not as easy as it sounds. I will address a divorce by default in another article.
An uncontested divorce is one where the parties have agreed on how they will divide their assets and liability, who the children will live with, who will make decisions for the children, and how much support and/or maintenance will be paid.
What Are the Advantages of an Uncontested Divorce?
The main advantages to an uncontested divorce are:
- Cost – It’s usual done for a flat fee. You know up front how much the entire divorce of going be. If you are looking for a cheap divorce, it’s your best option.
- Control – You determine the outcome. When people fight, usually no one is happy with the outcome.
- Efficiency – You can be divorced much faster if it’s by agreement…usually within 30 days from the date of filing.
Assets and Liabilities
Under Illinois law, everything that is purchased after the date of marriage, and every debt that is accrued after the date of marriage, is marital in nature. People are frequently surprised to learn that even though they purchased cars, property, and accrued credit card debt in their separate names, in the eyes of the law, these are marital assets or liability. The only way to make property non-marital after the date of the marriage is to draft a post-nuptial agreement. Of course, the agreement must comport with Illinois law. Attempting to such a document on your own, or via something you found on the internet, could leave you in a much worse position.
On the other hand, if you owned property prior to the marriage, that property may be non-marital in nature. I use the caveat that it may be non-marital because non-marital property can become marital property depending on how it’s handled during the marriage.
Other assets include retirement benefits. Since all income earned during the marriage is marital money, it follows that all retirement benefits accrued during the marriage are a marital assets. In the context of an uncontested divorce, you must decide how these benefits will be divided. You should also keep in mind that a separate order called a Qualified Domestic Relations Order or QDRO is needed to divest the benefits from the retirement plan. This would not be included in the cost for an uncontested divorce.
In the context of an uncontested divorce, the parties should have discussed all these issues and reached a resolution as to what party will be taking what assets and what party will be taking what liabilities. They should also make note of any property that they consider to be non-marital in nature.
Allocation of Parental Responsibility
Illinois no longer has custody. As of January of 2016, the new statutory framework is allocation of parental responsibility. The four areas are healthcare, education, religion and extracurricular activity. Both parents can be responsible for making decisions in all four areas, or there can be some combination of the above.
The parents also have to decide on parenting time for the children and which address will be the primary address. The purpose of the primary address is mainly for registering the children for school. It does not give one parent any superior rights over the other parent. The rights are governed by the terms of the allocation agreement.
If you think that you might be a candidate for an uncontested divorce, please give me a call. My office is conveniently located in Skokie, and I can be reached at (708) 466-6912. I handle uncontested cases in Cook, Lake, Dupage and Kane counties.
As more and more people get married at a later age, many already own real estate. How real estate is treated in a divorce is treated in the divorce depends on many factors, including the course of conduct before and during marriage. I will illustrate with a few examples:
Adam and Brenda both own condos before the marriage. They want to sell their condos and purchase a home once they are married. Brenda nets $100,000 from the sell of her condo, and Adam nets $40,000. They use the full $140,000 as a down payment on the marital home, which they buy after the marriage, and place in joint tenancy. Five years later they get divorce. The property has gained no equity, but the initial investment of $140,000 is intact. Brenda wants her $100,000 back when the house is sold, as she believes this is her non-marital property. Is Brenda entitled to her full $100,000 towards the down payment?
The answer is: NO.
When Brenda took her non-marital money and placed it in a marital asset, she made a marital gift to Adam. Therefore, each is now entitled to 1/2 of the equity in the home. Brenda loses $30,000, while Adam gains $30,000.
Larry marries Jane and they move into his home. It is clear that this is his non-marital home, and Larry had never done anything to put Jane’s name on the title or the mortgage and note. When Jane lived in the home, she contributed towards the mortgage and helped with household expenses, not including upkeep of the house. After a few years of marriage, Jane moves out. She lives on her own for two years before filing for divorce. After she moved out, Larry lost his job and struggled financially. His home went into foreclosure. Now that they are getting divorced, he claims that Jane should be responsible for any deficiency that results from the foreclosure because she abandoned him. Is Jane responsible for any of the debt related to Larry’s house?
The answer is: NO.
This is Larry’s non-marital property. Jane is not on the mortgage or the note. In Illinois one can own non-marital property free and clear of any interest in the other, and this is what the parties did. The fact that Jane left and Larry fell on hard times does not turn Larry’s debt into a marital debt.
Are you contemplating divorce and wonder how property will be divided? Give me a call. I practice in Cook, Lake and Dupage counties and can be reached at (708) 466-6912.
Ad a divorce mediator in Chicago and elsewhere in Illinois, Many people ask me about the pros and cons of meditation, and some of them have been addressed in my prior article. However, once you have decided you want to try mediation, it can help to keep in mind the following three tips for successful divorce mediation. If you are interested in divorce mediation, you can contact me or check out a mediation website I’m a part of [click here].
Forget everything you thought you knew about custody in Illinois, or what your divorced friends have told you about custody in Illinois. Come January 1, 2016, custody in Illinois ends as we know it.
Bye-bye Sole Custody, Joint Custody and Visitation
Are you seeking sole custody or joint custody with visitation? After January 1, 2016, those terms will no longer exist. The new framework is allocation of parental responsibilities with parenting time. Parental responsibility is broken down into categories, such as health, education, religion, extra-curricular activities, etc. One or both parents is given sole or joint responsibility for these categories. No one knows how the new law will play out in court, but the purpose was to level the playing field. Under the current scheme, to defeat joint custody, the parent seeking sole custody usually argued that the parties don’t get along and that joint custody would be burdensome. Under the new framework, both parents are equal stakeholders with the purpose of the law being to maximize the time the child spends with both parents and to encourage cooperation, rather than adversity, in child rearing.
Child’s Best Interest for Allocation of Parenting Time
The current statutory framework is amended as follows: In determining the child’s best interests for purposes of allocating parenting time, the court shall consider all relevant factors, including, without limitation, the following:
- the wishes of each parent seeking parenting time;
- the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to parenting time;
- the amount of time each parent spent performing caretaking functions with respect to the child in the 24 months preceding the filing of any petition for allocation of parental responsibilities or, if the child is under 2 years of age, since the child’s birth;
- any prior agreement or course of conduct between the parents relating to caretaking functions with respect to the child;
- the interaction and interrelationship of the child with his or her parents and siblings and with any other person who may significantly affect the child’s best interests;
- the child’s adjustment to his or her home, school,and community;
- the mental and physical health of all individual involved;
- the child’s needs;
- the distance between the parents’ residences, the cost and difficulty of transporting the child, each parent’s and the child’s daily schedules, and the ability of the parents to cooperate in the arrangement;
- whether a restriction on parenting time is appropriate;
- the physical violence or threat of physical violence by the child’s parent directed against the child or other member of the child’s household;
- the willingness and ability of each parent to place the needs of the child ahead of his or her own needs;
- the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child;
- the occurrence of abuse against the child or other member of the child’s household;
- whether one of the parents is a convicted sex offender or lives with a convicted sex offender and, if so, the exact nature of the offense and what if any treatment the offender has successfully participated in; the parties are entitled to a hearing on the issues raised in this paragraph
- the terms of a parent’s military family-care plan that a parent must complete before deployment if a parent is a member of the United States Armed Forces who is being deployed; and
- any other factor that the court expressly finds to be relevant.
What Does this Mean for Divorces with Children?
It means that parenting agreements will necessarily be much more complex, making it imperative that you hire a competent attorney who is well versed in the new law. Many of my cases are complicated custody cases, and child representatives have already started implementing the changes, as have the judges that I’ve been before in anticipation of the new law. This means that come January 1, 2016, I will be ahead of the curve.
What do I do next?
To schedule an appointment, please call Rhonda Stuart at (708) 466-6912.
Starting January 1, 2015, a new law determining spousal maintenance is in effect for divorcing couples. Maintenance is also known as alimony (particularly by the IRS) or spousal support. The new law, P.A. 98-0961, affects couples whose combined gross income is less than $250,000. The new law was put into place to fix inconsistencies in the way different courts awarded maintenance across Illinois. As this is a new law with complex mathematical computations, it is strongly advised that you consult an attorney before agreeing to any divorce settlement that includes a maintenance award. Continue reading “Illinois Has a New Maintenance (Alimony) Law. What Do You Need to Know?”
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Written by: Lenorae Atter, Attorney at Law
Child support is often a topic in my divorce and paternity case appointments I have as a family law attorney in Jacksonville, Florida. As a divorce and family law attorney, I meet with clients to explain their rights and options and what are provided for under Florida law. Child support is a hot topic for many, especially when they are divorcing and there have previously been talks of college and how to pay for it. In Florida, child support is ruled by Statutes, which establish how to calculate child support and for how long child support must be paid.
During a marriage, it is common for spouses to discuss their children’s future as it relates to school and continuing on to college. College is an expense that many parents are concerned about, and rightfully so. As more kids decide to go to college due to the necessity of having a degree to find a job, parents think more about how they will pay for the rising cost of tuition and living expenses. However, when the parents decide to divorce, they now consider child support to get the kid through high school and wonder how it will impact the child’s ability to attend college.
Florida Statute 61.30 provides for the child support guidelines and establishes the time frame in which child support is required. Said guidelines provide for child support of the child through his/her 18th birthday, or date of graduation if there is an expected graduation date after the 18th birthday and the child is on track to graduate. If the child is not on track to graduate until she or he turns 19, then the child support can be extended through that expected date of graduation. Also, if the child has been diagnosed with an illness, disability or mental health problem and needs ongoing, long-term care, then child support may be provided for an indefinite period of time. However, there is not a provision that requires either parent to support a relatively healthy child through college. The only way that may be accomplished is if both parents agree to have it put into an order.
If the parents consent to ongoing support through college, then the agreement should be written with the financial expectations of each parent. If the parties agree to continue supporting their child through college, then the document should have how each parent will be contributing and what expenses will be handled by each of them and/or jointly. The reason for this is that without details specifying the obligation, the court may have a difficult time deciphering the intent of the parties if either party tried to have the order enforced for noncompliance of the other.
In most cases, parties are able to negotiate the terms of their divorce, time-sharing, child support, etc. In so doing, they can have more control over the outcome of the case versus waiting for the judge to make the ultimate decision as it relates to them and their children. Having more control over the outcome can also lead to interesting negotiations that can be more creative and may think through more long-term issues then what the court will ultimately rule on, like college. It is a good idea to speak with a family law attorney about your rights and options.
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A false accusation charge against you will get you into immediate trouble. However, in the long run, if you bounce back and prove yourself innocent, you can actually land the false accuser behind bars.
In Australia, making a false accusation can have a boomerang effect on the person filing the charges. It’s an offense under Section 314 of the Crimes Act 1900. The maximum punishment for the same can be at least seven years in prison.
However, defending yourself when accused of a crime is not easy. Most of the leading lawyers in Australia suggest that the accused person still needs to be very cautious about every step after the charges are put on them.
Here in this article, people can read about everything that they need to do to defend themselves.
1: Stay Calm and Avoid Speaking Publicly
It is devastating to be falsely accused of heinous crimes like child abuse or sexual harassment. Indeed, it affects the accused person’s mental and physical health. And the most common human response in such an incident is to fight back to defend yourself, often in an aggressive/arrogant way.
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However, before you let your emotions do something odd or speak publicly about the matter, restrain yourself. That’s because even if you feel justified in doing so, it will only provide more ammunition for your opponent party to use evidence against you. Therefore, remain as calm and silent as possible.
2: Hire a Professional Defense Attorney
Consulting with a professional law firm is the first thing you must do after being charged with false accusations. Whether it is a criminal case or a civil matter, the first step to protecting yourself should be hiring an attorney.
Going alone to the courtroom might not be the wisest idea when attempting to clear your name. This is mainly because you will be facing the heat of a rival lawyer.
Moreover, an experienced attorney will know about the laws and the best way to counter your charges. Your attorney might inform you about what ‘Criminal Defamation’ is and how it can be charged against the accuser.
To explain – Section 529(3) of the Crimes Act 1900 is called Criminal Defamation. It is a punishable offence and holds a maximum penalty of 3 years in prison.
3: Gather Every Bit of Evidence
Always keep meticulous records of received emails, texts, phone calls, and anything else from the accuser. This is critical for those going through a divorce or child custody case. These are important because those will remain evidence of how you acted when false accusations were made against you.
Ensure that you send all these to your lawyer. Also, keep your lawyer updated and informed about everything without hiding anything. If the accuser asks you to meet anywhere, avoid it first-hand and, second, inform your lawyer about it.
The End Line
In a country of more than 25 million people, false accusations and defamation cases are quite common in Australia. It is unfortunate that someone is wrongfully charged on any matter they might not have committed. Nevertheless, with the help of the leading lawyers in Australia, you have chances to save yourself. Ensure you stay in touch with professional law firms to act fast in times of need.
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India one of the beneficiaries; protects US industry
In a move to provide cutting-edge drones or unmanned aerial systems (UAS) to its partner countries, the US has changed the ‘categorisation’ of specific UAS, taking it out of the ambit of the ‘strong denial’ category of the restrictive missile technology control regime (MTCR).
US President Donald J. Trump, on July 24, lowered a subset of UAS from category I, with highest restrictions, to category II, allowing easier exports without getting bogged down with MTCR rules. All other US rules will continue to apply on such equipment.
The MTCR, established 1987, aims to limit the export of ballistic missiles and other UAS. Under the existing rules, a ‘category-1’ system is that which is capable of carrying 500-kilogram payloads for more than 300 kilometers. These fall under the ‘strong presumption of denial’
“The United States has determined that it will overcome the MTCR’s strong presumption of denial for this UAS subset,” the White House statement said. Read it here
After Trump’s orders, India could be an immediate beneficiary, as its looking to get some 30 such high-end drones from the US based General Atomics. India was inducted into MTCR in 2016. The list includes Russia besides the NATO allies and countries like Japan and Australia. China is not a member of the MTCR. Notably, Israel, is not a signatory to the MTCR and is one of the countries that exports armed UAS to several countries, including India.
“It will increase our national security by improving the capabilities of our partners and increase our economic security by opening the expanding UAS market to United States industry”, the White House statement said
Why the Change
The US, in the past two years, had been discussing the three-decade old categorization of weapons under the MTCR with 35 member countries, but has had no success in the absence of consensus on this overdue reform.
For long it has been felt that MTCR rules were appropriate for curtailing the sale of cruise missiles, but those should not club weapons and unmanned systems with it. Rather UAS should be looked at the same way as fighter jets. Some time in 2017, American officials floated a ‘white paper’ during the plenary session on the MTCR, proposing new language to the treaty.
While MTCR Guidelines are critical in slowing proliferation and promoting peace and security, it is in dire need of modernization as it applies to UAS. In a sector of rapidly evolving technology, the MTCR’s standards are more than three decades old
This action, of the US is consistent with MTCR Guidelines and the objectives of the April 2018 UAS Export Policy.
The export of UAS from the United States will continue to be subject to the rigorous review criteria outlined in the UAS Export Policy, the Conventional Arms Transfer Policy, and the Arms Export Control Act, as well as the specific nonproliferation criteria identified in the MTCR Guidelines.
Approving or denying a UAS sale to any country is a decision by the US Government and takes into account US national security, nonproliferation, and foreign policy objectives, as well as the purchasing country’s ability to responsibly use and safeguard United States-origin technology.
The move by the US shows MTCR has to evolve with time. The United States said “it also looks forward to all MTCR nations joining us in adopting this new standard”.
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Sec. 1385. - Use of Army and Air Force as posse comitatus
"Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both".
This federal statute places strict limits on the use of military personnel for law enforcement. Enacted in 1878, the PCA prohibits the willful use of the US Army (and later, the US Air Force for law enforcement duties, except as authorized by the President, Congress or the US Constitution, or in certain emergency situations. Although the PCA, by its terms, refers only to the Army and Air Force, DOD policy extends the prohibitions of the Act to US Navy and Marine Corps forces, as well.
Specifically prohibited activities include: interdiction of a vehicle, vessel, aircraft, or similar activity; search and/or seizure; arrest, apprehension, “stop-andfrisk” detentions, and similar activities; and use of military personnel for surveillance or pursuit of individuals, or as undercover agents, informants, investigators, or interrogators. DODD 5525.5, DOD Cooperation with Civilian Law Enforcement Officials, sets forth several forms of assistance civilian authorities, which are allowed under the PCA. Exceptions to PCA include:
- National Guard forces while under the authority of the governor of a state or Title 32;
- Federal troops acting pursuant to the presidential power Federal authority to quell domestic violence (Ex. 1992 Los Angeles riots);
- Troops used under the order of the President of the United States pursuant to the Insurrection Act;
- Aerial photographic and visual search and surveillance by military;
- Congressionally created “drug exception.”;
- The USCG when operating under Title 14 authority;
- Under 18 U.S.C. § 831, the Attorney General may request that the Secretary of Defense provide emergency assistance if civilian law enforcement is inadequate to address certain types of threat involving the release of nuclear materials, such as potential use of a Nuclear or Radiological weapon. Such assistance may be by any personnel under the authority of the Department of Defense, provided such assistance does not adversely affect U.S. military preparedness.
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An Illinois Appellate Court recently ruled on spoliation issues in an Illinois product liability lawsuit. A spoliation claim can be brought if an entity, in this case Enterprise Leasing Company of Chicago, destroys or loses evidence that would be an important component of a potential lawsuit. Generally the court preserves an entity’s duty to preserve evidence; however, the trial court in Esther Brobbey, et al. v. Enterprise Leasing Company of Chicago, No. 1-08-3474, dismissed a spoliation claim against the car rental company.
When renting a 2003 Chevrolet Astro van from Enterprise, John Brobbey noted that the vehicle jerked and wobbled upon application of the brakes. He advised the agent of his findings before driving off with the vehicle and was told that the brakes were fine. However, two days later the brakes failed while Brobbey’s wife was driving the van, causing her to lose control. The vehicle rolled over several times and ended up landing in a ditch.
A little over a year after the Illinois auto accident, General Motors had issued a recall of its 2003 Chevrolet Astro vans regarding a suspension defect that could result in loss of control of the vehicle. Typically in an Illinois product liability case when a product defect is the potential cause of a party’s injuries the plaintiff needs to demonstrate that the specific product in question is defective. This is typically done by performing a thorough inspection of the product, which in this instance would be the Astro van. However, by the time the plaintiffs were aware of the recall the Astro van they were driving had already been destroyed, thus giving rise to the spoliation claim against Enterprise.
Enterprise attempted to defend the destruction of the vehicle by stating that following the Illinois rollover accident it had performed its own detailed investigation of the vehicle and determined that the brakes were not defective. Upon completion of the investigation Enterprise sent notice to the plaintiffs that if the company did not hear from them within four months that it would be selling the van for salvage. Thus the van was destroyed over three months before GM even released its Astro van recall.
The Illinois trial court granted summary judgment on plaintiff’s spoliation claim, citing that Enterprise did not have a duty to preserve the vehicle based on its lack of notice of the product defect from the manufacturer and that the rental company’s letter was sufficient to put the plaintiff’s on notice that action was needed on its part to preserve the van.
The Illinois Appellate Court disagreed with this interpretation and determined that there was no clear authority establishing that an entity could waive its duty to preserve evidence. Furthermore, the court found “imposing such a short time frame on plaintiffs to respond extremely troubling, especially given the severity of the injuries.” The court confirmed that a party has a duty to preserve evidence, regardless of whether it was aware of any potential defect or had notified an additional party of its intention to destroy the evidence.
Similar blog posts:
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Advocate is the Bar’s charity which works with over 4,500 volunteer barristers to make legal advice and advocacy more accessible. Thomas Johnson recently spoke about his experiences volunteering on pro bono work for clients who are often in quite desperate situations.
“Being an employed barrister can have several advantages… not least the administrative support that law firms offer and the opportunity to collaborate with talented solicitors in-house…dip your toe in by becoming a panel member of Advocate and keep an eye out for new instructions that are of interest”.
Thomas Johnson, a barrister in the Class Action and Finance Litigation Team at Edwin Coe LLP, has spoken to us about how he first got involved with Advocate as a panel member. He provides us with his insight into how taking on pro bono work can have unique advantages for the Employed Bar.
1. How did you first get involved with Advocate and pro bono work?
A commitment to access to justice and an interest in pro bono work has always been an important feature of my practice at the Bar. I have for years undertaken ad hoc instructions, such as in relation to Boris Johnson’s decision to (unlawfully) prorogue Parliament, and Advocate was recommended to me as a natural progression from those.
2. What was the most memorable case you worked on, and what did you do?
The most memorable case I worked on was representing with Ian Chai for appeal appellants in a knotty dispute concerning the terms of an unless order and the bankruptcy orders paratactic on the alleged breach of it. Mr Chai and I were successful in arguing (5 years out of time!) at the oral renewal hearing that the appeal ought to proceed to a full hearing, at which both Mr Chai and I appeared.
3. What have you found most rewarding about doing pro bono work?
I think this is best articulated by a message received from the daughter of an applicant for whom I successfully defended a claim under a personal guarantee for £250,000 recently:
“Speaking to my father today, he is beyond disbelief that such an outcome has resulted from what was a crippling and dire scenario our family were in. We felt hopeless from the injustice that we faced and we can now focus and look forward to his recovery and my brother’s care… Thank you again, Thomas. You have been the light in our dark times.”
4. How has your experience as an employed barrister affected your experience of doing pro bono work?
Positively. Being an employed barrister can have several advantages (but also drawbacks, of course), not least the administrative support that law firms offer and the opportunity to collaborate with talented solicitors in-house.
5. What would you recommend to other employed barristers unsure about whether to start doing pro bono work?
Assuming the firm by which the barrister is employed supports it, dip your toe in by becoming a panel member of Advocate and keep an eye out for new instructions that are of interest. Pick a relatively straightforward assignment and, if it suits, just give it a go!
You find out more about Advocate’s work on their website.
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3/11/13-rev. Be sure to check out Beth's Blog and the E-News Archives
WOULD YOU CHOOSE TO GO TO WAR - IF YOU HAD A CHOICE?
Republished March 2013
©Beth A. Grimm Publications
All Rights Reserved
iling a lawsuit is a declaration of war! If you are a peace-loving individual, an open minded-board, and/or don't have the resources to fund a war, then you certainly ought to consider all options before issuing your proclamation. It is very difficult to turn back the processes once a lawsuit is filed. You need to know that if you find out sometime during the process that you are done, you don't want to spend any more money, you find out that your case is not strong, you find out the attorney overestimated your chances of success, or anything else happens that makes you sorry you jumped into court, dismissing the lawsuit may lead to a request from the other side to cover reimburse their attorney fees. There is case law supporting the concept that dismissal of a lawsuit before it plays out can be considered in the same category as admitting failure, or losing the case, when the prevailing party is entitled to recover fees and costs. This article is about choosing the process that often proves far superior to suing a party and that is ADR. And more emphasis is put on mediation than the other processes because it is absolutely the best forum in the most HOA disputes between board members or the board and owners, or owners vs. owners. There are several types of ADR: contractual, voluntary, statutory and court-ordered (which occurs after a lawsuit is filed). ADR means Alternative Dispute Resolution - exploring alternatives to litigation for resolving disputes. ADR can be a way to avoid war. Yes, Virginia ... there is a way to resolve disputes outside the court system.
Condominiums, Townhouses, Common Interest Developments
and Neighborhood Disputes in California
A little history: in 1996 ADR legislation was written by one of your speakers James P. Lingl. The bill passed both the houses but some was believed the Governor's veto that followed was the result of "politics", a payback of some kind. Then, in 1997, the bill was re-introduced and the California Legislature approved it (with strong encouragement from the Community Associations Institute - California Legislative Action Committee). This time the Governor signed it. The bill strongly encouraged homeowners associations and homeowners in them to seek resolution of their disputes outside of the courts. You can "Just Say No" to ADR, but you run the risk of having your lawsuit dismissed or having a judge punish you - hitting where it hurts (in the attorneys' fees) if you refuse to participate.
Speaking from experience, homeowner association cases are not always well received by judges. When I used to do litigation, sometimes it seemed like the judge was punishing the parties by delay after delay in setting trial dates. One time I sat through proceedings all afternoon with a full board of working people who took the afternoon off to seek a request for an injunction relating to a threatening dog, to have the judge send word out at 4:30 that she did not hear requests for injunctions related to dogs because she was on the board of the SPCA! What a waste of time. And besides that kind of risk, the legal mandate to try and engage each other in ADR is simply a good idea. California law (Civil Code Section 1369.510 etc.) requires homeowner associations and homeowners in them, who have a dispute with each other or their neighbor, to first attempt to engage the other side in ADR before filing a lawsuit. The statute says that the homeowner or association that wants to bring a complaint for injunctive relief or declaratory relief, coupled with damages of less than $5,000.00, it has to serve the other party with "Request for Resolution" prior to filing a lawsuit asking them to participate in an ADR proceeding. There are exceptions if there is a statute of limitations that may expire or a need for immediate relief, but the intent of the statute is to get associations and/or homeowners to try ADR in CC&Rs disputes; before filing a lawsuit. (CC&Rs = Declaration of Covenants, Conditions and Restrictions that regulate a common interest development). This Request for Resolution should name the parties, state the dispute in simple terms, and request that the other side engage in ADR. The opposing party has 30 days to respond to this Request for Resolution. If the other party does not respond or rejects the offer within 30 days, the Request is deemed rejected and a lawsuit may be filed. If the Request is accepted by the other party, the parties together have 90 days to resolve the dispute, or they can agree to extend the time.
If it is not resolved in 90 days, then the party wishing to file a lawsuit is entitled to do so, having satisfied the statute. If a party with a claim as described does not send a Request for Resolution to the other party, but files a lawsuit instead, the judge has various options. He or she may dismiss the lawsuit without prejudice to going through the steps again and then filing, or allow it to go forward taking into account the parties' compliance with the statute (or noncompliance) when it comes time to consider an award of attorney fees.
Since the prevailing party in an enforcement action is entitled to recover attorney fees, the implication is that the judge could reduce the attorney fees award if either party refuses to participate in ADR.
Some attorneys (including me) advise associations and homeowners - in preparation and serving the Request for Resolution - to specify the type of dispute resolution process and the entity or ADR provider that the serving party desires (preferring mediation). With this approach, there is less of an opportunity for argument over processes. Certainly, the parties could get into a dispute if the suggested process is not acceptable to the other party, and it is possible they could consume 90 days fighting over a process. However, in the majority of the cases, if the other party is amenable to ADR - or is not really but wants to satisfy the statute and pass judicial scrutiny unscathed - the strategy will work. Savvy attorneys who are familiar with association issues and the various ADR processes, often sense that one type of process is better suited to the dispute at hand than another. It is up to us to counsel our clients about all alternatives that are available, not just lawsuits or traditional arbitration.
As for choosing an ADR process, mediation, which involves the use of a trained neutral, a facilitator, is (in my opinion) the better forum for homeowner association, neighborhood and family disputes. It tends to better preserve ongoing relationships, gives the parties more control to formulate their own resolutions to the problems, and tends to cost substantially less money than arbitration (and certainly less than court). It provides a forum that is less threatening and allows the parties to release some of the emotional steam which tends to create the real barriers to settlement. There is much more room for creativity in the mediation setting than in an arbitration or court setting. Since mediation is commonly "interest based" as much as fact or issue based, the parties' interests are better served. Many of the decisions of a homeowners association appear to the homeowners to be subjective and so understanding the interests becomes critically important. To be fair, there are some disputes that are better suited to arbitration but most would be better served in mediation with a good mediator (or at least one or more attorneys trained as a mediator who can help balance out or resolve any process issues that might arise).
For an example of some issue that might be better suited to ADR, a homeowners' board of directors may be facing a tough decision that could set a precedent for future handling of the same type of dispute. The board might prefer to submit the dispute to arbitration and let an impartial arbitrator make the decision. Sometimes a board would rather just "pass the buck" rather than take responsibility for the outcome. Many mediators, myself among them, are very distrustful of arbitration as a rule, because an arbitrator can make an awful decision (for any or all of the parties) or a mistake by misunderstanding or ignoring important facts which is not reversible.
As for choosing a specific process or provider, there are many options. Parties have long been able to engage the services of arbitrators or mediators through private providers such as J.A.M.S. (Judicial Arbitration and Mediation Services) and AAA (American Arbitration Association). These services have high training standards for the mediators and arbitrators they provide (using their own training programs) but they also have a reputation of being very expensive. And, my own experience in training for mediation years ago at Pepperdine was that the "judges-in-training" tended to have a much more difficult time acting as facilitators, having been the decision-makers (or in some cases the egotistical "rulers") throughout their careers. These services may work for you, but it is important to know that there are other viable options for choosing mediators that have HOA savvy and are more affordable. Local Bar Associations generally list low cost ADR programs or providers with identified expertise. Did you know that a portion of all litigation filing fees is set aside and given to low cost mediation services because of the DRPA [Dispute Resolution Program Act]? There is a list of these lower cost services by County available on the California Department of Consumer Affairs webpage found at the following link: http://www.dca.ca.gov/consumer/mediation_programs.shtml. And ,of course, consider independent providers like your speakers. James Lingl was instrumental in creating the homeowner association program through the Ventura Center for Dispute Resolution, which does appear on the Department of Consumer Affairs site. He has served as mediator for many HOA mediations throughout California. Beth Grimm has extensive mediation training which includes volunteer service for the Pleasant Hill Conflict Resolution Panel for a few years (specializing in team mediations with large group disputes) and has served as mediator and also advocated for parties in many mediations, finding that mediation training comes in very handy when advocating for a "party" with multiple participants that may not be perfectly aligned in their opinions or temperaments, such as a board of directors.
Mediation is evolving as a preferable choice in many types of cases. It's the forum most likely to offer the disputants the chance to tell their story and [really] be heard and acknowledged. In my opinion it offers the most creative and flexible forum for the parties. Just remember - before you issue the final proclamation of war - you have a choice!
Come to our seminar and learn all about it and how to prepare so that you can get the most out of a mediation.
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Types of liquidation
Creditors Voluntary Liquidation (CVL):
It’s the most common form of liquidation. It happens when a company fails to pay the debts and the creditors are involved in the liquidation process.
The company is no longer able to repay the debts, or there is significant delay in payments. Thus, an application is moved in the court for liquidation.
Members’ Voluntary Liquidation (MVL):
The company has managed to settle the debts currently, however the directors still want to close it. In such condition, MVL is applicable . But all subsequent liquidation costs will be met through sale of company assets. Thus, in these conditions liquidation is a cost-effective option. And the insolvency practitioner will administer restructuring or redundancy costs, if any. The insolvency practitioner will have the right for staff redundancy and the associated payments. He will also have the authority to cancel any leases or other long-term liabilities. However, if you have given the personal guarantee or drawn the director’s loans, then you’ll be responsible directly for any such payments or else, it would be paid collectively by you and your shareholders.
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The world of marketing is exciting. The job of a marketing firm is to make a product, brand, or service, irresistible to the general public. If a marketing team is marketing a widget, they want to make their widget look better, sound better, and appear more of a value, than any other widget on the market.
Marketing teams are creative. They push the line. They look for the new, unusual, and untapped method that will get their widget noticed. Their creations are unique and exciting, But, are they legal? Sometimes there is a fine line determining what is and is not legal regarding the marketing of your widget. Crossing that line, even inadvertently, results in unlawful advertising suits, loss of money, and a bruised reputation. This is something marketing firms want to avoid at all cost.
The law is an ever-changing field. It takes a skilled attorney with experience in the world of advertising laws to ensure your marketing plans are legal. You need a partnership with a legal expert to prevent you from making mistakes.
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Corruption is a serious issue that affects societies around the world. It undermines the rule of law, damages public trust in government, and harms economic development. Curbing corruption is essential for building strong and stable societies that are based on fairness and justice.
One of the most effective ways to curb corruption is to promote transparency and accountability in government. This can be achieved by implementing measures such as open data initiatives, public reporting on government spending, and whistleblower protections. These measures help to ensure that government officials are held accountable for their actions and that the public can hold them to account.
Another important strategy is to strengthen anti-corruption laws and law enforcement. This includes ensuring that penalties for corruption are severe and that the legal system is independent and impartial. It also requires establishing effective regulatory bodies to monitor and investigate corruption.
Education and awareness-raising are also essential for curbing corruption. This involves educating the public about the negative impacts of corruption and promoting a culture of integrity and accountability. It also involves teaching young people about the importance of ethical behavior and encouraging them to stand up against corruption.
Finally, it is important to promote good governance and ethical leadership. This means ensuring that public officials are selected based on their qualifications and not their political connections. It also requires promoting a culture of ethical behavior in all sectors of society, including the private sector.
In conclusion, curbing corruption is a complex and challenging task that requires a comprehensive and multi-faceted approach. This includes promoting transparency and accountability, strengthening anti-corruption laws and law enforcement, raising awareness about the negative impacts of corruption, and promoting good governance and ethical leadership. By working together to address corruption, we can build a better and more just society for all.
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Remember when an Indian police officer swore under oath that prime minister Narendra Modi once allowed Hindu mobs to vent their anger following the burning of a train carrying Hindu pilgrims in 2002?
The setting was the state of Gujarat where Modi was chief minister at the time. The train was allegedly torched by the Muslim fundamentalists, killing more than 50 passengers. Modi’s Hindu nationalist Bhartiya Janata Party, which held power in the state, blamed Pakistan-based extremists for the incident. It culminated into a well-organized anti Muslim pogrom throughout the state.
According to the police officer, Modi said the night before the riots that the Muslim community needed to be taught a lesson.
What followed has become a history. Thousands of Muslims were lynched, burned alive, and their women were raped by mobs belonging to the Hindu right-wing groups. The police not only looked away in most cases, but also helped the mobs in killing Muslims. Though Modi was never criminally charged, he continues to face criticism for allowing the pogrom of the minority community.
His controversial remarks can be interpreted in different ways. His supporters can take the comments as a signal to police not to obstruct people from protesting killings of fellow countrymen.
If that is the case, Modi in his more recent role as India's prime minister, must take blame for not conveying a similar message to security forces under him across the country that claims to be the world’s largest democracy. At least, that message was never conveyed for the sake of people living in the northern Indian state of Jammu and Kashmir.
This month, Indian-controlled Kashmir has witnessed angry protests against the army's killing of a popular militant leader, Burhan Wani. Some allege he was killed in a staged shootout; others are claiming it was a genuine encounter. As a result of his death, people came out on streets to vent out their anger.
The security forces, instead of looking the other way, killed more than 40 of them.
This is not the first time that protesters were killed by Indian forces in Kashmir for exercising their democratic right to assemble and show their anger against state violence. In Kashmir, there has been a struggle for the right to self-determination since India gained its independence in 1947.
Protests over tortures, forced disappearances, unmarked graves, and rapes elicit more state-sponsored violence.
Notably, Modi’s party is sharing power with Kashmir People’s Democratic Party. Yet protesters in Kashmir, unilike those in Gujurat in 2002, were not given the privilege of being overlooked by the state machinery during the course of their demonstrations.
Kashmir is not an exception. Not very long ago two Sikh protesters were killed in a police shooting in Punjab when they were demonstrating against the alleged sacrilege of their holy scriptures in October 2015.
Modi’s party is sharing power in that Punjab with a regional party, Akali Dal. But like Kashmiri Muslims, Punjabi Sikhs who wanted to vent their anger were not given a concession similar to the one given Hindu mobs in 2002.
What emerges out of these episodes is the noticeable difference in the state response to protests and demonstrations by those associated with the majority community and two minority groups.
Hindus form 80 percent of the Indian population, whereas Muslims account for 14 percent and Sikhs are merely two percent. One only needs to look at these numbers to understand the psychology behind such violent state responses in dealing with dissent.
Dalits, or the so-called Hindu "untouchable" caste, are 16 percent of the population and continue to suffer structural violence. In 1997, a police action killed 10 Dalits who were protesting the desecration of the statue of a towering Dalit icon, Dr. B.R. Ambedkar, in Bombay (now known as Mumbai). The BJP was sharing power with a regionnal party called Shiv Sena in the state of Maharashtra, which included Bombay, but police decided to look the other way.
This has gone on even though police can use various other means to control a mob without causing death, such as water cannons, sticks, or if need be, firing on nonvital organs of those resorting to violence.
But teaching minority groups a "lesson" to send across a message to win the support of majority community pays a dividend in elections. Why wouldn’t opportunistic political leadership allow such high-handedness?
Modi was returned to power with an even larger majority in Gujarat following the 2002 massacre of Muslims.
Eighteen years earlier, the so-called secularist Congress party won the general election in India in December 1984 in the aftermath of anti-Sikh pogrom that followed the assassination of the Indian prime minister Indira Gandhi by her Sikh bodyguards. Congress leaders instigated mobs to kill innocent Sikhs, and the subsequent election was fought on the slogan of national unity. Police at that time remained a mute spectator to the carnage or helped the mobs.
Whether Wani was killed in a staged shootout or not is irrelevant. The real issue is how the state is responding to the people’s reaction in Kashmir. Even if one believes that Wani was killed in a genuine shootout, then a question arises why Hindu extremists who've been arrested in recent years for planting bombs and taking innocent lives never met the same fate? Rather, the Modi administration is pressuring investigators and prosecutors to go slow against them.
That Sikh and Muslim extremists or ultra-leftist activists from oppressed communities have been frequently killed in staged shootouts, while Hindu extremists continue to cool their heels in jails, itself explains the bias of the Indian state that remains secular on paper, but in reality remains a tyrant toward religious minorities.
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Disney will cover travel costs for employee abortions – San Bernardino Sun
Walt Disney World employees seeking abortions will be able to travel out of state for the procedure at company expense once a Florida law inspired by an abortion ban at the center of the decision to the Supreme Court will take effect in July.
Disney announced Friday, June 24 that the company will cover travel expenses for employees seeking abortions following the U.S. Supreme Court’s decision overturning the landmark 1973 Roe v. Wade decision, according to Reuters.
A Disney spokesperson told Reuters the company recognizes the impact of the Supreme Court ruling and remains committed to providing full access to quality health care, including family planning and reproductive care.
Disney World employs 80,000 actors in Florida, where Gov. Ron DeSantis signed a bill inspired by the Mississippi ban at the center of the Supreme Court’s decision that bans abortions after 15 weeks’ gestation. The Florida law goes into effect July 1.
Disneyland employs 30,000 cast members in Anaheim, where California is expanding access to family planning clinics bracing for a surge of patients traveling from other states for abortions.
Disney joins other major US companies like Amazon, Starbucks, Tesla, Netflix, Levi Strauss, Patagonia, JPMorgan Chase, Citigroup, Yelp, DoorDash, Airbnb and Reddit who have pledged to pay employees to travel to obtain abortions, according to New York Times.
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For most people, whenever they think of any of a lawyer, solicitor, barrister or attorney they automatically imagine two smartly dressed people with American accents battling it out in a courtroom. If you don’t, just watch an episode Suits, and you’ll see what I mean.
However, jokes aside, there are some important differences and in this article, we are going to cover them for you.
So first of all,
What is a Lawyer?
The word lawyer is a blanket term that generally describes the whole of the legal profession. But that doesn’t mean that anyone who is employed in the legal sector can call themselves a lawyer. To own such title, you must first obtain a legal qualification such as a Bachelor of Laws or Juris Doctor degree.
In Australia, the legal profession is divided into solicitors and barristers.
We conducted an online study based on google searches to find out which countries generalise legal professionals as lawyers the most
United States 23,000 49%
India 3,200 7%
United Kingdom 2,800 6%
Canada 2,600 6%
Australia 2,500 5%
While there were over 23000 searches for lawyers in the United States once we took the individual countries population numbers into consideration, we found that Australia used the generic term ‘lawyers’ the most followed by Canada.
In the United States the preferred term for a lawyer is Attorney, and in the United Kingdom, the most common search term was solicitors.
What is a Solicitor?
In Australia, a solicitor is a legal practitioner who holds a legally-defined qualification and admitted to a supreme court of one of the countries seven jurisdictions. They undertake the general aspects of giving legal advice and conducting legal proceedings mostly out of court.
Solicitors can represent businesses and individuals work on the defending or prosecuting side.
Some of the most common areas of law they work in include:
Although Solicitors spend most of their time out of court, it is becoming more common, especially in some areas that they conduct more courtroom representation, which is traditionally carried out by barristers which is common practice in the United States where an Attorney at law generally takes on both roles.
What is a Barrister?
Barristers (often referred to as counsel) are independent specialist advocates and advisors in law who spend most of their time in court.
At one time barristers had sole rights to appear in the High Court, but this monopoly is now disappearing.
To become a barrister, a practising solicitor with the relevant experience must pass the Bar Readers Course before they can be invited to sign the Roll of Counsel.
This is what’s known as stepping up to the Bar.
Barristers in all jurisdictions throughout Australia, when required to do so, wear court dress (robes and wigs) similar to the attire worn in the United Kingdom.
Unlike solicitors working for at the same law firm, Barristers within a Chambers are independent. Because of this, it’s not uncommon that two Barristers from the same chambers can be working against each other on the same case. Barristers are also prohibited from picking and choosing their cases or who they would or wouldn’t like to represent by what is known as the Cab Rank Rule.
Barristers are usually instructed by solicitors rather than directly by the client to provide specialist legal advice and representation in Courts and Tribunals.
At one time barristers had sole rights to appear in the High Court but this monopoly is now disappearing as more and more Australian solicitors adopt the American Attorney approach
What is an Attorney?
The term Attorney comes from the verb ‘to attorn’, which means to transfer one’s rights and obligations to another.
An Attorney or Attorney at law is a term most commonly used in the United States and South Africa. However, in these two countries, the word ‘Attorney’ does not mean the same thing. In South Africa, they have Attorneys (solicitors) and Advocates (barristers) No dual practice is permitted. The Key difference is that In the United States, there is no distinction between lawyers who represent individuals or businesses in or out of court.
In the United States, there are no court dress requirements like there is in other common law countries.
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Legislature(2023 - 2024)
2023-05-15 House JournalFull Journal pdf
2023-05-15 House Journal Page 1107 SB 81 The Finance Committee considered: SENATE BILL NO. 81 am "An Act relating to the office of victims' rights; and providing for an effective date." The report was signed by Representatives D. Johnson and Foster, Co- chairs, with the following individual recommendations: Do pass (10): Tomaszewski, Cronk, Coulombe, Hannan, Galvin, Stapp, Josephson, Ortiz, D. Johnson, Foster The following fiscal note(s) apply: 1. Fiscal, Legislative Affairs Agency SB 81 am was referred to the Rules Committee.
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This website is owned and operated by Obsidian Catering Services LLC, Dubai, a company formed under the laws of the United Arab Emirates.
In using this website you are deemed to have read and agreed to the following terms and conditions: The following terminology applies to these Terms and Conditions, Data Security and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “Obsidian Catering Services LLC”, “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
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In this Digital Age Protecting trademark is not just about filing and getting it registered for your client, the importance of association with a mark has now become a multi-millionaire game. The course intends to equip participants with the understanding of developments in the area of Trade mark law and it’s Litigation.
Participants will get a chance to study the practical aspects related to filing, examination, and opposition of Trademark with Legal Professional.
Trademark can be considered as the major property for any business and brand. It can either be any name, symbol, logo, device and slogan which is primarily used to both identify and distinguish the goods or services of one person from that of the other.
The purchasing decision of a person is highly influenced by the trademark and the reputation or goodwill associated to it. In this course, we will study the evolution of Trademarks, the development of the concept, Trademark as Asset etc.
Trademarks are of several kinds like Product marks, Service marks, Collective marks, Certification marks, etc. The purpose of a Trademark is the same irrespective of its kind. It allows the consumers to make a distinction between the sources of the product or the service and make an informed decision regarding their choice of purchase.
Team Law Insider through this Certificate Course intends to provide all possible information related to Trademark Filling. The Registration process and the advantages associated with it have been thoroughly explained in detail in the course.
OBJECTIVES OF THE COURSE:
1. To understand concept of Trademarks.
2. Comprehend the process of Trademark Registration and the advantages associated to it.
3. Describe the procedure of utilizing the Trademark.
4. To understand required trademark advocacy.
5. Understand the substantive as well as procedural aspects of trademark.
6. Learn how to build arguments around infringement/defense.
7. Know the practical in & outs of remedies available in a trademark dispute.
MAIN ATTRACTION OF THIS COURSE:
This Course was highly participated and was a course with most number of participants on the platform of Law Insider, hence due to n number of requests to have this course again we came up with it for the second time but this time it is with more advanced knowledge and practicality, so do not miss the chance to register for it.
Gain the best knowledge on it by the speaker himself Mr. Aditya Jain, Advocate on Record, Supreme Court of India.
The detailed Course outline is as follows:
Session 1 on 2nd July
1. Principles of Trademark
▪ Introduction to Trademark Law
▪ Spectrum of Distinctiveness
▪ How to choose the right Trademark
2. Registration of Trademark
▪ Trademark Public Search and Classification
▪ Step by step procedure for registration
Session 2 on 3rd July
3. Infringement of Trademark
▪ Dilution of Trademark- blurring and tarnishment
▪ Protection of Goodwill and cross border reputation
▪ Comparative Advertising Law
▪ Passing Off with relevant case laws
▪ Exception to Trademark Infringement
▪ Cease and desist notice for trademark infringement
4. Domain Name Protection
▪ Domain Name and Intellectual Property
▪ Domain Name dispute and cybersquatting
▪ Case study- People Interactive India Pvt Ltd v Vivek Pahwa
▪ Case Study- Satyam Infoway v Sifynet
COURSE SUGGESTED FOR:
QUESTION AND ANSWER SESSION:
Question and Answer session will be there after every session.
Advocate Aditya Jain, Advocate on Record, Supreme Court of India
Certificate will be issued after 48 Hours of Successful completion of Course.
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FOR IMMEDIATE RELEASE
NYS SENATOR ERIC ADAMS JOINED SIKH LEADERS TO DENOUNCE THE RECENT SLAUGHTER OF SIKHS IN MILWAUKEE, WISCONSIN, AND TO RENEW THE CALL TO BAN HIGH CAPACITY ASSAULT WEAPON MAGAZINES
Senator Eric Adams joined a group of Sikh leaders to denounce the ambush killing of six people at a Sikh temple in Wisconsin. The gunman, Wade Michael Page, opened fire with a semiautomatic handgun in the temple. This was the second mass shooting since the Colorado movie theater incident.
A vigil was held to remember the lives that were lost due to the senseless act of gun violence. Senator Eric Adams also renewed his call to ban high assault weapon magazines.
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Have you been in a car accident and are wondering if it would be wise to contact a lawyer? A lot of people find themselves feeling confused about this and want to make sure that they handle the aftermath of their accident correctly. Knowing when it’s appropriate to turn to a legal professional can be tricky, but understanding why a lawyer may come in handy is vitally important. In this blog post, we’ll explore the common scenarios where consulting with an attorney should definitely be considered after being involved in a car accident. Read on for more information on how and when hiring legal counsel may benefit your case!
Understand what circumstances qualify as a car accident
Car accidents can happen to anyone at any time, and it’s important to understand the various circumstances that can lead to one. While the most obvious form of a car accident is a collision between two or more vehicles, there are other scenarios that can qualify as well. For example, a car hitting a stationary object like a pole or wall can be considered an accident, as can a pedestrian or bicyclist being hit by a car. Additionally, accidents caused by slippery road conditions or mechanical failures can also fall under this category. By recognizing these types of incidents as car accidents, we can better understand their causes and work towards preventing them in the future.
Determine if you have any legal rights or obligations
Car accidents can be a traumatic experience, leaving one injured and confused. Amidst the chaos and confusion, it is essential to know your legal rights and obligations. As this Las Vegas auto accident lawyer explains, depending on the circumstances of the accident, you may be entitled to compensation for damages, medical bills, and more. On the other hand, you may also have legal obligations, such as reporting the accident to the authorities. It is crucial to seek legal advice to ensure you understand your rights and obligations fully. Knowing where you stand legally can help ease the stress and uncertainty that often follows an accident.
Assess the damage done to your vehicle and any potential medical costs
Even if the damage doesn’t seem significant, it’s always a good idea to have a mechanic take a closer look. Additionally, you’ll want to consider any potential medical costs resulting from the accident. Even minor accidents can lead to injuries that may require medical attention. Seeking medical attention immediately after an accident can help prevent further harm and ensure you’re on the path to recovery. Remember to document all damages and medical bills to properly file an insurance claim. While it may not be the easiest task, it’s necessary to handle matters properly to ensure you’re not left with unexpected costs down the road.
When it comes to gathering evidence, it’s crucial to gather as much information as possible. Photos and audio recordings can help bring the situation to life and reveal details that may have been overlooked. Witness statements are equally important, providing firsthand accounts of what occurred. Collecting a variety of evidence ensures that all angles are covered, making it easier to piece together what happened and ultimately reach a fair conclusion.
Know when to contact a lawyer for assistance
Filing an insurance claim or lawsuit can be a daunting task, especially if you’re not familiar with the legal system. However, the good news is that you don’t have to navigate this process alone. There are times when it’s important to contact a lawyer to help you with your case. For instance, if you’ve been seriously injured or experienced significant damage to your car, it’s important to seek legal assistance. This is because insurance companies are known for denying or undervaluing claims, leaving you without the compensation you need to cover your losses. A lawyer can help you understand your legal rights and options, and they can fight for the compensation you deserve. So, if you’re in doubt about whether or not to contact a lawyer, it’s always better to be safe than sorry.
Learn about potential laws that may impact your case
As a legal case develops, it’s important to stay up to date on any laws or regulations that may impact your proceedings. One potential area of concern is comparative negligence laws, which can have a significant impact on the outcome of a case. Essentially, these laws dictate how fault is assigned in cases where multiple parties may share responsibility for an incident. By understanding how comparative negligence may come into play in your particular case, you can better prepare yourself and your legal team for the road ahead. While the ins and outs of these laws may vary depending on your location and specific circumstances, taking the time to learn about them can help you feel more confident and informed as you navigate the legal process.
Be aware of any deadlines for filing a claim or lawsuit in your state
When it comes to filing a claim or lawsuit, timing is everything. Each state has its own deadline for filing and it’s important to be aware of what your state’s requirements are. Missing a deadline could result in your case being dismissed, which means you could lose out on compensation that you’re entitled to. Don’t let the statute of limitations pass you by. Take the time to research and make sure you understand what the deadlines are in your state, so you can take the necessary steps to protect your legal rights.
The aftermath of a car accident is an unpredictable and stressful event that can easily derail your life. By understanding the legal circumstances around a car accident, you gain the unmatched opportunity to protect yourself and your family from potential long-term consequences. To ensure your rights are not trampled upon, take the time to assess the damage done to your vehicle, evaluate any medical costs, and gather the necessary evidence as soon as possible. Most importantly though, be aware of any laws in your state that may govern or limit liability for car accidents. If you feel overwhelmed by all these steps, know you can contact a lawyer for assistance with navigating insurance claims and filing a lawsuit on time. Take control of the situation now before it’s too late – make sure you’re properly prepared in the event of a car accident!
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I cant pay a 5000.00 dlls ring i bougth, and i already
i cant pay a 5000.00 dlls ring i bougth, and i already missed two payments and have only made 1 (the first one) i am in Texas and want to know if after i default if i would have to go to court or what will happen?JA: Since laws vary from place to place, what state is this in?Customer: txJA: Have you talked to a lawyer yet?Customer: noJA: Anything else you think the lawyer should know?Customer: no
I received a Writ of Garnishment for an independent
I received a Writ of Garnishment for an independent contractor that works for us. It reads as though this person is an employee. How do I proceed from here. I tried to contact the judge but I only received a letter in the mail that I my request for legal advice is denied.
I had my car repossessed several months ago, now I have been
i had my car repossessed several months ago, now I have been served court documents regarding paying the difference of thr balance from the sale and what I owed on the loan. Do I have any legal standing to make a case of not paying all and settling? they also have contacted my husbands work to get ready to start wage garnishments, how do I stop the wage garnishments?JA: What state is this in? And how old is the car?Customer: Arizona, 2015JA: Have you talked to a lawyer yet?Customer: no I have notJA: Anything else you think the lawyer should know?Customer: no, it was do to missed payments, and now I have the collector from Ford Motor credits lawyer calling me saying I must send them a hardship letter, and make at least 355 pymts a mth to stop any wage garnishment. I dont know what to believe. and I cannot afford garnishment or 355 mth
I recently won my small claims judgment against a local tow
I recently won my small claims judgment against a local tow company. Even though they were not present for the date, the judge proceeded anyway with the case. I was asking for approximately $3000 in property loss because they failed to adequately secure my vehicle while they had it in their impound lot. They didn't lock my car, which was filled with my property. E.g. various electronics, equipment, etc. They also left my key fob switchblade key inside the vehicle, which was stolen along with the rest of my belongings. My vehicle was towed there as I was being transported to hospital after an auto accident. The judge reviewed a copy of my original demand letter and said he couldn't see how it would cost nearly $2,000 to relay my car. I had already provided him with an emailed quote from the dealership showing the breakdown. In any case he didn't agree with it and awarded me only half of what I was asking for. I have since waited the 30 days for the appeal window to expire and then sent another demand letter asking for payment, including the judgement amount plus 10 percent for every 30 days it becomes past due. I now have to send a letter to the courts asking them to add my case to the next level so I can begin collection proceedings like garnishment or Leins, etc. Is there a list or kit of easy to understand, appropriate docs I can purchase or access somewhere?
I won a small claims suit with garnishment about a year and
i won a small claims suit with garnishment about a year and a half ago . I was receiving monthly payments and they ended up laying that person off. I think this person now has a new job but I need to know how I go about finding that out (i.e. can the courts demand that info or is there a low cost or free service) and when I do find that out, how I proceed in getting new garnishment from new employer
I am writing on my case which we discussed in november. At
Hello,I am writing to follow up on my case which we discussed in november.At the end of April, the tenant requested that she continue to pay rent while looking for another place. I refused and have requested an eviction date to be set.I have been waiting since mid May for an eviction date and as of today i still do not have one.My lawyer told me that i had to wait as the tenant was being managed by APS and that they were preventing the eviction.I am also puzzled as to what happens if i take the tenant's money. Does this mean that i cannot evict them? they now owe me all they owed me before in addition to rent for the months of may and june.If i were to change lawyers, is there any guarantee that this case would close faster? what do i need to do to get these tenants out of my property?
I received a writ of execution (money judgement) it is from
hello,i received a writ of execution (money judgement) it is from a debt collector. the name is ***** ***** but, i looked them up on the internet. the letter also includes a levy on all accounts. how can they levy my accounts? can they take personal property? how can i fight this?
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Ghanaian hiplife artiste, Emmanuel Botchwey, popularly known as Kwaw Kese has backed a post questioning the Ghana Police Service on their failure to arrest Jamaican dancehall artiste, Popcaan for smoking publicly.
The Madtime Entertainment Boss shared a post of an Instagram user, shearauptown who was not happy about the silence of the police service on the matter.
He wondered why Kwaw Kese was penalized for the same offence but a foreigner has been left off the hook.
The post sighted by zionfelix.net read: “Only in Ghana foreigners Can fuck up like this. When @kwawkese smoked in public he was arrested. So this means our Law set only to control on the citizens but foreigners are free To Go ..the most painful part is Ghana 🇬🇭 👮🏻♀️ 👮 police. None of them was able to speak the truth out because of the small coins which will be given out .. Ooh Ghana 🇬🇭.”
In December 2014, Kwaw Kese was arrested by the Ghana Police Service in Kumasi for smoking cannabis in public.
On 23 April 2015, he was sentenced to one day in jail after being found guilty of smoking cannabis and made to pay gh¢1200 as fine.
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- Can you expunge FBI records?
- Can I run an FBI background check on myself?
- What is the FBI watchlist?
- Can police see expunged records?
- What jobs can see expunged records?
- Can future employers see OnlyFans?
- Are FBI files public record?
- How do I know if FBI is investigating me?
- How far back does an FBI background check go?
- Do all arrests get reported FBI?
- Can you request your own FBI file?
- What shows up on a FBI background check?
- Does a felony go away after 7 years?
- How do I know if I pass a background check?
Can you expunge FBI records?
As discussed in the immediately preceding FAQ, your FBI Identification Record can only be expunged or sealed in limited instances..
Can I run an FBI background check on myself?
Option 1: Electronically Submit Your Request Directly to the FBI. Step 1: Go to https://www.edo.cjis.gov. Step 2: Follow the steps under the “Obtaining Your Identity History Summary” section.
What is the FBI watchlist?
The Terrorist Screening Database or TSDB is the central terrorist watchlist consolidated by the FBI’s Terrorist Screening Center and used by multiple agencies to compile their specific watchlists and for screening.
Can police see expunged records?
Police cannot see expunged records. That’s because when a court expunges your records, your files are destroyed or returned to you. It’s like you never had a criminal record in the first place.
What jobs can see expunged records?
Who Can See My Criminal Record after It Is Expunged?Criminal justice agencies (court administrative jobs, positions with juvenile court or state prisons, police officer jobs)Human service agencies (social work positions, probation officer positions, counselors)Department of Education (working in a public school)
Can future employers see OnlyFans?
If OnlyFans makes you put in any legal information such as your SSN, they will consider this income and you may be considered a gig or self-employed worker. Other employers will no find out but what you make will be considered taxable income and you’ll owe the IRS at the end of the year.
Are FBI files public record?
A large number of FBI records are available for public review on the FBI’s electronic FOIA Library (The Vault). On The Vault website, users can examine a wide variety of FBI records from the comfort of their own computers.
How do I know if FBI is investigating me?
How do you know if you are under federal investigation?A federal prosecutor formally notifies you that you are the target of an investigation through a target letter.A federal law enforcement agent contacts you by phone and asks for a meeting.More items…
How far back does an FBI background check go?
7 – 10 yearsQ. How far back does an FBI background check go? An FBI background check goes as far back as 7 – 10 years on average.
Do all arrests get reported FBI?
Most do not have statewide repositories consisting of all criminal records handled within the state. Only 5.5% of U.S. states report the outcome of an arrest at least 90% to 100% of the time.
Can you request your own FBI file?
In general, you cannot request the FBI file of another living individual. The only way the FBI will honor such a request is if you have that person’s written authorization included in your request (using this form).
What shows up on a FBI background check?
An FBI background check includes a list of all public federal misdemeanor and felony convictions. The check may include basic information about the charge, conviction, and any resulting incarceration. … Additionally, any outstanding warrants will show up on your background check.
Does a felony go away after 7 years?
No. This is a common misconception in the U.S. Once you are convicted of a felony, the felony remains on your record for the rest of your life. Even sealed and expunged records continue to exist, and can still be accessed and used under certain circumstances.
How do I know if I pass a background check?
How do I know if I pass my background check? They will either call or email you to let you know that the background has cleared. You may not even receive a notification that you passed the background check – you may just receive an offer.
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With the 2014 deadline approaching for implementing major provisions under the Patient Protection and Affordable Care Act, many employees covered through their employers are already receiving letters informing them of the ACA's "Medical Loss Ratio" requirement. This mandates that part of the premiums paid by their employers to their insurance providers be rebated if the providers have not spent at least 85 percent of those premiums -- as one letter puts it -- "on healthcare services, such as doctors and hospital bills, and activities to improve healthcare quality, such as efforts to improve patient safety." Employers have choices to make as to how the rebates will, in turn, be provided to or shared with employees or if they have to be provided.
Many also seem confused. According to a white paper, Employers most impacted by healthcare reform taking a "wait-and-see approach" -- many seem to be in denial, prepared by Guardian Research, "Companies with less knowledge of [ACA] are more likely to feel that they have time to make decisions ... [and] most are under the impression that maintaining the status quo will still be a viable option after the bulk of [ACA] provisions go into effect in 2014."
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The reality of having your day in court is often not what people expect. It can be a long, drawn-out process that is both emotionally and financially draining. In many cases, settlement may be a better option. There are a number of reasons why settlement may be preferable as compared to going to court. First, it can save you a lot of time and money. It can also save you significant emotional energy. A trial can take months or even years to complete, and the legal fees can be very expensive. Settlement, on the other hand, can usually be reached much more quickly and at a fraction of the cost and allows the clients involved to have significant say so over the outcome and results achieved.
Second, settlement can give you more control over the outcome of your case. In a trial, the judge will make the final decision. He or she doesn’t know your family, your children or your needs. If you don't like the outcome, there's not much you can do about it. (While an appeal is an option, it is not often successful because judges have wide discretion in making determinations in family law cases). With settlement, you and the other party can work together to reach an agreement that is acceptable or livable to each of you.
Third, settlement can help you avoid the stress and uncertainty of a trial. Going to court can be a very stressful experience. You'll have to testify in front of a judge, and you may be cross-examined by the other party's attorney. Settlement can help you avoid all of this. The preparation for and attendance at trial is a long, emotional process. By both you and the other party trying to find the worst things to share about one another, you are not going to be able to heal or move forward to co-parent in a healthy way for months or years to come.
Of course, there are also some risks associated with settlement. If you settle, you may not get everything you want. The other party may agree to give you less than you would have received if you had gone to trial.
Despite the compromise often required, settlement is often the best option for resolving your divorce or other family law matter. It can save you time and money, give you more control over the outcome of your case, and help you avoid the stress and uncertainty of a trial. If you're facing a legal dispute, it's important to talk to a knowledgeable and experienced family law attorney to discuss your options. Your attorney can help you decide whether settlement is the right choice for you, your family and your case.
Here are some additional reasons why settlement may be a better option than going to court:
- Settlement can be more private. When you go to court, your case is open to the public. This can be embarrassing and stressful, especially if the case involves sensitive personal information. Settlement can be kept confidential, which can help protect your privacy.
- Settlement can be more flexible. In court, the judge will make a decision based on the law. This may not always be the best outcome for you and your family. With settlement, you and the other party can work together to create an agreement that meets your needs.
- Settlement can be more cost-effective. Going to court can be expensive- both financially and emotionally. You will have to pay for legal fees, expert witnesses, and other costs. Settlement can be much less expensive than going to court.
How Can You Achieve Settlement?
There are many ways or avenues to reach out settlement. Common ones involve preparing settlement proposals and exchanging them with the other side, back and forth, having a settlement conference with counsel or attending mediation.
Whether you are considering going to court and having a trial or the possibility of resolving your case through settlement, it is important to talk to an experienced family law attorney about your options, a likely outcome and the risks and benefits of settlement versus trial. An attorney can help you understand your case, the benefits and goals of settlement and can help you negotiate a fair agreement. Call Pingel Family Law today at (816) 208-8130 to consult with our attorneys and determine if trial or settlement is the right path for your case!
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Ethiopia reforming itself, unfazed by H. Res. 128
By Toumelisan Gebrewold
Tigrai Online, May 4, 2018
The US Congress had last March passed a resolution called ``House Resolution 128``, (boasted of kind of human rights-centered resolution) against Ethiopia. It autocratically calls for the respect of human rights and inclusive governance, among others. The Resolution was approved despite intense pushback led by one Senator Jim Inhofe – a stalwart ally of Ethiopia, to persuade Congress to reject the resolution.
Many unheeding congressmen and women took turns to give brief comments about the importance of the resolution with each commenting on the political crisis that has blighted Ethiopia. Others, oblivious of their brazen interference in the internal affair of the country, also allegedly pointed to the cost incurred in terms of human lives and loss of properties (they baselessly accuse the government for its `` highhandedness`` and merely referred `` an ever-shrinking democratic space``.
In a wanton violation of the sovereignty of Ethiopia and orchestration that played Jekyll and Hyde “H. Res. 128`` was forged to help recognize Ethiopia’s efforts to promote regional peace and security, and its partnership with the U.S. to combat terrorism, promote economic growth, and address health challenges.
Unabashedly, the `` Resolution calls on the Government of Ethiopia to lift the state of emergency, end the use of excessive force, release wrongfully imprisoned protesters, and improve transparency``, while at the same time urging protesters and opposition groups to use peaceful discussion and avoid incitement; gross denial of the glaring fact that the state of emergency did not protect the country from clear and present danger that might have perished more innocent lives and devastate incalculable amount of property.
Forgetful of Ethiopia’s partnership with US and its commitment to fight terrorism, at least, it also called on the U.S. government to base its future partnership with Ethiopia on the government’s “demonstrated commitment to democracy, rule of law and human rights.” It seems all hell broke loose with the approval of the Resolution and even though there is no sufficient evidence to pass this kind of non-binding law against Ethiopia. It urged the U.S. State Department, in coordination with the Department of the Treasury, “to apply appropriate sanctions on foreign persons or entities responsible for `` extrajudicial killings, torture, or other gross violations of internationally recognized human rights committed against any nationals in Ethiopia as provided for in the Global Magnitsky Human Rights Accountability Act.”
Birds of a feather flock together. The New York-based organization Human Rights Watch had welcomed the approval of H. Res. 128 stating that “the non-binding resolution, combined with recent statements from the U.S. Embassy in Addis’’, sends strong signal to Ethiopia’s new Prime Minister that the U.S. expects significant reforms ahead”; unwilling to notice that reform is internal and Ethiopia is resolutely working to apply deep reforms along with the appointment and reshuffle of new cabinets.
Despite the evil actors who succeeded to help pass the law, some U.S. lawmakers like Oklahoma Senator, Republican James Inhofe had expressed objection regarding the timing of the vote given that Ethiopia has just inaugurated a new Prime Minister who has made a commitment to the public to implement democratic reforms. In this regard, Inhofe had briefed the congress that Dr. Abiy Ahmed was sworn in as Ethiopia’s new prime minister on a mandate to improve the afore-mentioned issues and time should be given to scrutinize and take further measures.
The Resolution is objectionable on the ground that the Congress should have given Prime Minister Abiy the opportunity to prove himself as a national leader before making him and Ethiopia suffer the full weight of the United States House of Representatives tossed against them; a heavy-handed, strongly-worded Resolution condemning Ethiopian; now Dr. Abiy is sworn in and striving full-fledged and the Resolution may severely curtail his ability to enact needed reforms.
Many suspect that the “Resolution 128 was passed in large part because of the heinous effort of anti-Ethiopian individuals who want to curb the political and socio-economic progress of Ethiopia, tarnish the good image of the country and strain Ethio-American relations. These hell bent Faustian groups and anti-Ethiopian sects worked like hell to help pass the vote and damage the development of Ethiopia; the hell bent group co-sponsored this Resolution to the disadvantage of Ethiopian people and retardation of democracy and development.
Following the news of the Resolution, many scholars and political scientists at home and abroad are expressing their concern that the Resolution is “untimely and inappropriate.” Seemingly, they are of the opinion that the Resolution is untimely because Ethiopia is for a while breezing with a new Prime Minister, who came to power just a month ago, following the resignation of his predecessor Hailemariam Dessalegn, opting for a solution for the protest and violence that plagued the country.
Needless to say, this knee-jerk Resolution is counterproductive and is against the significant partnership between the U.S. and Ethiopia. Indeed, members of the Congress who co-sponsored the resolution had “conspicuously failed to recognize the progressive reality on the ground.” Unequivocally, these members of the House merely wanted to please their constituencies in the Ethiopian Diaspora and Europe, rather than aiming to build the friendly relation of Ethiopia and America on bed-rock foundation.
Imposed reform cannot be successful on a country as sovereign and independent as Ethiopia. Currently, Ethiopia is on the cross roads. And at this historical juncture, when the government is working to implement bold reforms, the Resolution may serve the purpose of foiling the new political dynamism that calls for comprehensive political reforms; failed to recognize the far-reaching call being made by the new Prime Minister, at least.
It should not be forgotten that Ethiopia is an important ally of the US government, while the US is also an important partner in Ethiopia’s development, health as well as economic sectors. But, the current imposition under the banner of enhancing democracy is unacceptable and illegal to Ethiopia that has lots of agenda to liberate its people from the merciless grip of poverty.
So far, selfless Ethiopia has been working to advance the interest of regional partners and that of the United States including thoroughly contributions to the international peacekeeping, combating radical extremism and other forms of terrorism in east Africa, joining the UN and African Union operations.
However, the Resolution has bulldozed all these noteworthy endeavors of Ethiopia to ensure international peace and security. But no matter how challenging, Ethiopia will continue its sedulous work to thrive democracy and human rights by its own effort. Undeniably, the current Resolution may impinge on some aspects of the country. Notwithstanding, Ethiopia will keep on its journey in Dunkirk spirit to turn out victorious and reform itself, unfazed by the Resolution. It believes the Resolution may remain fruitless so far as citizens are backing the effort of the country.
Even though it is not binding law, the Resolution could not by any means be constructive as the two countries have enjoyed long-term and deep partnership. First and foremost, Ethiopia is striving to address human right related grievances and is exerting utmost effort to ensure human and democratic rights enshrined in the constitution (however, the Congress should have considered Ethiopia’s commitment to create better situations on the ground).
Undeniably, Ethiopia has long engaged itself on promising ways to promote democratic values and greater inclusivity, without any nudge and enforcement from external forces. As a spring board, for example, workable objectives were reflected by the Prime Minister while making his acceptance speech.
Ethiopia believes democracy and human rights are tightly correlated. Interestingly, laws enshrined in the Constitution of Ethiopia and other subordinate laws have vested premium interest up on human rights and enrichment of democracy; directly referring to Article 1 of the UDHR, the Constitution states that individual human rights are respected fully and without any limitation what so ever.
Similarly, Article 10 of the FDRE articulates “Human rights and freedoms, emanating from the nature of mankind are inviolable and inalienable: Human and democratic rights of citizens shall be respected’’. Thus, one can readily observe that human and democratic rights are the main concerns of Ethiopia without any heavy-handed and high-handed intimidation from external forces.
The principle of human rights is the bedrock and bulwark of the political, social, cultural, economic and environmental policy objectives of Ethiopia. Hence, unfazed by H. Res. 128, Ethiopia will resolutely continue enriching these assets in a tightly integrated manner.
Ethiopia underscores the fact that democracy and human rights are interwoven to the level one becoming non-functional without the other. In the context of Ethiopia being the emerging power of east Africa, the issue of democracy and human rights is flourishing with time and it is solely an everlasting assignment of the country to be undertaken without any coercive Resolution from external forces.
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French retailer Cartier agreed to pay the Office of Foreign Assets Control $334,800 to settle allegations that it made four sales of jewelry in a United States store to a an individual designated under the Foreign Narcotics Kingpin Sanctions Regulations. In announcing the settlement, OFAC did not reveal the value of the jewelry sold by Cartier to Shuen Wai Holding Limited but did note that the ship-to address for Shuen Wai was the same as the address shown on the SDN List.
This is the first penalty that I am aware of levied against a retail operation in the United States. This, no doubt, will send shock waves through the retail community. Technically speaking, if an SDN walks into McDonald’s and orders a Happy Meal, McDonald’s would be in violation of OFAC’s rules if it sold the Happy Meal to the SDN and it did not keep any money for the Happy Meal that the SDN had handed to the cashier. Does this mean that McDonald’s can’t sell you a Happy Meal or a Big Mac now without checking your ID and running it against the SDN List?
For the moment at least, the answer is you won’t have to make sure you have your driver’s license with you before you purchase a Big Mac. The OFAC announcement pointed out several things that lead to its decision to seek a fine from Cartier. First, it noted, that this was an international transaction. So unless you’re planning on asking them to send the Big Mac to some foreign country for you, there’s one difference. OFAC also noted that the luxury jewelry business was an “industry at high risk for money laundering.” This is a little puzzling since OFAC is not in the business of enforcing money laundering laws and regulations but, be that as it may, Big Mac’s are probably not a good vehicle for money laundering. (Viewers of Breaking Bad will remember, car washes are good for that.) Another important fact, not mentioned by OFAC, is that this was a third-party transaction. Unlike a party using its own U.S.-issued credit card, where the bank would presumably have screened the customer, no one would have screened the recipient of the Cartier merchandise in this instance.
In any event, OFAC reaffirmed that compliance programs should be “risk-based” and should take into account the company’s “products and services, frequency and volume of international transactions and shipments, client base, and size and geographic location(s).” It is a bit difficult to determine what that means in a practical matter for retail stores beyond meaning that restaurants, grocery stores, and dog grooming parlors do not need to screen all their customers against the SDN List. But it is probably the case that other retail businesses, particularly where the transaction involves international shipments of merchandise paid for by third parties, should consider screening those customers receiving merchandise.
Copyright © 2017 Clif Burns. All Rights Reserved.
(No republication, syndication or use permitted without my consent.)
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Despite sky-high rent, I picked my apartment complex because it seemed like a clean and quiet environment. After two weeks of living here I realized what a total zoo I moved into: I have a neighbor above me who constantly fights with her roommate, and dogs bark on almost every balcony at every hour of the day and night.
I complained, and the property manager said I could move into a different apartment in another building, but would have to pay for the cleaning of the apartment I'm currently in. I've only been in the unit for about three weeks, so I don't see why I should have to pay to clean it.
I want to break the lease but am afraid I won't get my security deposit back, even if I give written notice. The manager also told me that they always charge tenants for cleaning the apartment at move-out—he says that's legal here. Is this true? What are my options?
The answer to your question has to do with the legal construct of "quiet enjoyment."
Tenants have the right of quiet enjoyment of their home. This means that landlords can't disturb tenants' peaceful and reasonable use of their rental. If another tenant is violating your right to quiet enjoyment, your landlord must take reasonable measures to remedy the situation.
Because what's disturbing to one tenant might be pleasant to another (for example, the sound of a passing train in the night), courts apply a reasonableness test to determine if something rises to the level warranting action: Would the disturbance prevent a reasonable person in a similar situation from the quiet enjoyment of their rental?
Shouting neighbors and barking dogs might qualify as a breach of your right to quiet enjoyment. Your remedy depends on the law where you live. Many state and local laws allow tenants in similar situations to withhold rent or move out without obligation to pay the remaining rent due under the lease. (And the landlord can't keep your security deposit to cover any of that rent, either.)
Alternatively, tenants can stay in the rental and sue the landlord for money damages and possibly injunctive relief (an order from the court that the landlord must do something to fix the problem).
Before you take action, try to collect evidence of the noise and disruption. You'll need this in the event your landlord keeps your security deposit when you move out or sues you for breaking your lease. If you can locate any quiet and non-barking neighbors, ask them to listen to the racket and give you signed descriptions of what they hear; see if they will come to court to back you up. Get any other unbiased witnesses you can bring over to do the same.
Put your complaints in writing to the landlord. Record the racket, and keep a log of the times and types of noise you are hearing. In short, get ready to show a judge as much proof as possible that the place was a zoo, and no reasonable person should have been expected to put up with it. Consider consulting a local landlord-tenant attorney if your landlord sues, or make an appointment with a lawyer just to talk about how to best deal with your landlord.
In many states, state security deposit laws prohibit landlords from collecting a fee at the beginning of the tenancy and calling it a nonrefundable cleaning fee. Instead, in these states, your landlord may charge for cleaning by deducting from your security deposit at the end of the tenancy only if the unit is left in a condition worse than when you moved in, minus normal wear and tear. The landlord must give an accounting of how the money was used, and return to you any unused funds.
Check your state security deposit rules to find out if landlords can charge nonrefundable cleaning fees on top of security deposits—chances are that this practice is not allowed.
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Cryptocurrencies have taken the world by storm, with the rise of Bitcoin and other digital currencies gaining immense popularity in recent years. With this rapid growth comes increasing scrutiny and confusion regarding how governments worldwide are regulating these virtual assets. The crypto regulation landscape is currently a complex and evolving one, leaving many to wonder what exactly is happening.
One of the main reasons for the confusion around crypto regulation is the lack of a unified global approach. Each country has its own set of rules and regulations, making it difficult for businesses and individuals to navigate the space. Some nations have embraced cryptocurrencies, recognizing their potential for economic growth and innovation. Others have taken a more cautious approach, imposing strict regulations to protect consumers and maintain financial stability.
In the United States, crypto regulation is a hot topic of discussion. The Securities and Exchange Commission (SEC) has been cracking down on initial coin offerings (ICOs), treating them as securities and subjecting them to strict regulations. This has caused significant uncertainty in the crypto industry, as many projects are now hesitant to launch ICOs for fear of legal repercussions. The Internal Revenue Service (IRS) has been cracking down on crypto tax evasion, requiring individuals to report their digital currency holdings and transactions.
Europe, on the other hand, has been more receptive to cryptocurrencies. Some countries, such as Malta, have positioned themselves as crypto-friendly jurisdictions, attracting blockchain businesses with favorable regulations. The European Union (EU) is also working on implementing stricter rules to combat money laundering and terrorist financing, which may impact the crypto industry in the region.
In Asia, the situation is quite diverse. Japan has been at the forefront of crypto regulation, being one of the first countries to recognize Bitcoin as legal tender, while also implementing rigorous licensing requirements for cryptocurrency exchanges. China, on the other hand, has imposed strict regulations on cryptocurrencies, going as far as banning ICOs and shutting down crypto exchanges. South Korea, another major player in the crypto market, has also taken steps to regulate the industry, enacting stricter rules and implementing a real-name system for cryptocurrency trading.
One of the biggest challenges in crypto regulation is the decentralized nature of cryptocurrencies. Unlike traditional fiat currencies that are controlled by central banks, digital currencies operate on blockchain technology, which is decentralized and allows for peer-to-peer transactions. This poses unique challenges for regulators, as they struggle to define their jurisdiction over a borderless and global network.
Another reason for the confusion surrounding crypto regulation is the rapid pace of technological advancements. Blockchain technology, the backbone of cryptocurrencies, is still relatively new and rapidly evolving. Regulators are playing catch-up, trying to understand how to best regulate this technology while also encouraging innovation.
Crypto regulation is also influenced by global events and market sentiments. For example, the recent Facebook Libra project faced immense scrutiny and skepticism from regulators worldwide. The project’s aim to launch a global cryptocurrency raised concerns about data privacy, monetary sovereignty, and potential risks to the global financial system. As a result, regulatory bodies called for increased scrutiny and have been working to draft comprehensive regulations specific to digital currencies.
The world of crypto regulation is a complex and quickly evolving one. As cryptocurrencies continue to gain mainstream adoption, governments worldwide are grappling with how to regulate them effectively. Achieving a balance between consumer protection, financial stability, and innovation is a challenging task. As the crypto industry matures, it is likely that we will see more comprehensive and standardized regulations emerge. Until then, it is essential for businesses and individuals to stay up-to-date with the rapidly changing regulatory landscape to ensure compliance and navigate this exciting but uncertain world of cryptocurrencies.
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You are required to pass written assessments annually for each of your modules. In every year of your degree you’ll take numerous individual modules, usually valued at 15 or 30 credits, adding as much as a total of one hundred twenty credit for the 12 months. The stability of compulsory and optional modules varies from programme to programme and 12 months to yr. A 30-credit module is taken into account equivalent to 15 credit within the European Credit Transfer System . You will develop a crucial understanding of how the law works and the means it may be changed.
As to later legislation, any utility to Wales have to be expressed under the Welsh Language Act 1967 and the jurisdiction is, since, appropriately and broadly referred to as England and Wales. Parliamentary conventions shouldn’t be confused with worldwide conventions, that are treaties adopted and ratified by Parliament. Sir William Blackstone in 1774, after his appointment as a Justice of the Court of King’s BenchThe rule of European Union law in England, previously of prime importance, has been ended because of Brexit. If the opposite get together feels that the primary was wrong to cancel, he might ask a courtroom to “declare the contract subsisting”. Formerly, most civil actions claiming damages in the High Court were commenced by acquiring a writ issued in the Queen’s name.
United Kingdom Parliament
Due to the vagueness of the law, there’s been a break up in how certain faculty districts within Tippecanoe County have interpreted the law. Any adjustments made may be carried out at any time and can turn out to be efficient on the end of the trial interval, allowing you to retain full entry for four weeks, even if you downgrade or cancel. For price financial savings, you can change your plan at any time on-line within the “Settings & Account” section.
But part 4 Welsh Language Act 1967 supplied that references to England in future Acts of Parliament should now not include Wales . But Dicey & Morris say “It appears fascinating to stick to Dicey’s definition for causes of comfort and especially of brevity. It can be cumbersome to have to add “or Wales” after “England” and “or Welsh” after “English” each time those words are used.” A similar tendency to seek definitions which are distinct from these utilized in different areas of social policy could be found in anti-discrimination law.
Colleges And Colleges
First page of the 1804 edition of the Napoleonic CodeCivil law is the legal system utilized in most nations all over the world at present. In civil law the sources recognised as authoritative are, primarily, legislation—especially codifications in constitutions or statutes passed by government—and custom. Codifications date back millennia, with one early instance being the Babylonian Codex Hammurabi. Modern civil law methods essentially derive from authorized codes issued by Byzantine Emperor Justinian I in the sixth century, which were rediscovered by 11th century Italy. Roman law within the days of the Roman Republic and Empire was closely procedural, and lacked an expert authorized class. Decisions were not revealed in any systematic way, so any case law that developed was disguised and nearly unrecognised.
Let’s Discuss Law Apprenticeships
Personal property, refers to every thing else; movable objects, corresponding to computers, automobiles, jewellery or intangible rights, similar to shares and shares. A proper in rem is a proper to a particular piece of property, contrasting to a proper in personam which allows compensation for a loss, but not a selected thing again. Land law forms the premise for many kinds of property law, and is probably Law News the most complex. It issues mortgages, rental agreements, licences, covenants, easements and the statutory methods for land registration. Regulations on the usage of personal property fall under intellectual property, company law, trusts and industrial law. The goldsmith’s apprentice checked out it, sneakily eliminated the stones, informed the boy it was worth three halfpence and that he would buy it.
However, a couple of bodies, such as the WTO, have efficient techniques of binding arbitration and dispute resolution backed up by trade sanctions. Freedom of speech, freedom of affiliation and a lot of other individual rights permit people to collect, discuss, criticise and hold to account their governments, from which the idea of a deliberative democracy is fashioned. The more individuals are concerned with, involved by and capable of changing how political energy is exercised over their lives, the more acceptable and bonafide the law turns into to the people.
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Georgia may now be the only state in the country that does not have laws regulating tinted windows in vehicles. A law was in place for years that made it illegal to reduce light transmission in car windows to less than 32 percent, but now the state Supreme Court has overturned that ruling.
The law was brought before the Supreme Court by a woman who was stopped in Cobb County for dark windows. Her complaint is only Georgia residents and not out-of-state motorists could be fined for tinted windows in the Peach State.
When making a traffic stop, law enforcement officers say they feel safer when they can see what they're getting themselves into.
CAPT Mark Scott with the Thomasville Police Department says, "When people have windows that are tinted so dark you can't see inside of the vehicle, an officer walking up to that vehicle doesn't know if the people are armed. You can't see anything."
Until Monday, a law was in place in the Peach State making windows tinted less than 32 percent illegal.
Lawmakers in Atlanta threw out Georgia's tint law because they say it was discriminatory. Only residents of Georgia and not motorists from other states driving through could be punished under it.
"I'm happy they threw it out because with having my windows tinted it makes my car cooler, and some people might think it's a hazard of not being able to see out of your windows, but I don't think it is," says Janie Owens.
Some motorists say it's an issue that should be left up to a car's owner, but authorities here say they're hoping the state Supreme Court will reconsider.
Up until Monday, the law carried misdemeanor penalties for anyone stopped with windows that were too dark.
Lawmakers have not yet seen any motions to bring the law back, but police in this area say they hope the danger of not regulating tinted windows will make them change their minds.
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Police fear the death toll could rise from toxic batch of drugs on Chapel Street
There are fears the death toll from a toxic batch of pills on Chapel Street could rise.
Three people out partying on Chapel Street South Yarra over the weekend died from drug overdoses while a fourth died following a fall from a balcony.
A further 20 people have been hospitalised and all are believed to have consumed a dangerous batch of MDMA.
A 30-year-old French waiter has faced court charged with trafficking MDMA.
The court heard police could link him only to one non-fatal incident involving a young woman.
Investigations continue and police have serious concerns that the death toll could still rise.
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DJ accused of soliciting money from teens, parents for non-existent advertising gig
01/14/2016 5:12 pm PST
Rashan Webb, a.k.a "DJ Frosty," is known for spinning the coolest raps to north New Jersey teenagers. But he has allegedly swindled the good people in his New Jersey neighborhood out of thousands of dollars.
"He solicited us for a Target commercial, a holiday Target commercial, which each child was asked to pay $150," said Takeisha Stewart.
DJ Frosty asked the parents to pay him money to appear in the so-called advertisement.
On real commercial shoots, you do not pay them. They pay you.
Takeisha Stewart says Frosty told several parents that he was affiliated with the Target Corporation, and that he was going to hire their daughters to shoot a commercial for the chain-store giant.
The kids were supposed to be paid $10,000 apiece, but all they got from Frosty was the big chill.
"Every time it was time for a commercial shoot there was always a different excuse," said Stewart.
And rap is not all Frosty is spinning. One angry mom called Target's headquarters and was told the company "had no affiliations with DJ Frosty" and to contact her local police department.
"He created an email address with the executive of marketing that did not match Target's executive emails," said Stewart.
Police say Frosty is running what's called a "phishing" scam -- that's when a con artist uses corporate websites and logos to swindle unsuspecting individuals.
So Takeisha Stewart, desperate to get her money back, got in touch with Crime Watch Daily New York affiliate WPIX.
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Libor scandal: ex-UBS trader Tom Hayes is charged by fraud office
Nikhil Kumar is The Independent's New York correspondent. He was formerly assistant editor on the foreign desk and has also done a variety of jobs on the city desk, where he wrote about markets, commodities and other business and economics topics.
Tuesday 18 June 2013
A former UBS trader was today charged with offences of conspiracy to defraud in connection with the investigation by the Serious Fraud Office into the manipulation of the Libor interbank lending rate.
Tom Hayes, who is 33 and from Surrey, was one of the three individuals arrested on December 11 by officers from the Serious Fraud Office (SFO) and City of London Police.
He attended Bishopsgate police station this morning where he was charged by City of London Police with eight counts of conspiracy to defraud. He will appear before Westminster Magistrates' Court at a later date.
The SFO said its investigation into the manipulation of Libor continues.
Late last year, Mr Hayes, who is a one-time Citigroup employee, and another former trader, Roger Darin, were charged by US authorities.
At the time, UBS agreed to pay a record $1.5bn (£1bn) fine to regulators in the US, UK and Switzerland as part of the Libor investigation.
A successful SFO prosecution in the UK is likely to ensure that Mr Hayes would not be extradited to face similar charges in the US.
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The Islamist killers of Drummer Lee Rigby erupted into violence in an Old Bailey courtroom as they were sentenced for murder. Michael Adebolajo, 29, and Michael Adebowale, 22, had to be manhandled out of court by security guards after being told by Mr Justice Sweeney that their crime was a “betrayal of Islam”. Michael Adebowale stood up and shouted: “I swear by Allah that America and Britain will never have any safety. Allah Akbar.” His co-defendant, Michael Adebolajo, also stood up and began shouting before dock officers grabbed both killers and wrestled them to the floor. Relatives of Drummer Rigby, sitting just feet away, stood up and cowered away from the violence.Relatives of murdered fusilier Lee Rigby, (L-R) his stepfather Ian Rigby, his mother Lyn Rigby, his sisters Sara McClure and Chelsea Rigby, arrive at the Old Bailey to attend the sentencing of Michael Adebolajo and Michael Adebowale
Adebolajo was manhandled down the stairs in the historic Court No 2 but, in scenes lasting several minutes, his co-defendant was held to the floor and cuffed before being carried downstairs head first. Drummer Rigby’s widow Rebecca was left sobbing uncontrollably at the scenes.
Mr Justice Sweeney resumed his sentencing to give Adebolajo a whole life tariff, meaning he will die in jail. Adebowale was given life with a minimum term of 45 years. The pair had reacted to the judge’s comments that as they became extremists they ‘espoused’ views that “are a betrayal of Islam.” Adebowale called out “that’s a lie” and “it’s not a betrayal of Islam” as the judge told them they had been radicalised. He was heard to shout: “You [Britain] and America will never be safe.”
The killers struck the 25-year-old soldier with a car, knocking him unconscious, near his barracks in Woolwich, south-east London, in May last year before hacking him to death and dumping his body in the road. A bystander recorded Adebolajo making sickening boasts immediately after Drummer Rigby had been attacked and virtually decapitated. Footage captured Adebolajo, a married father of six, saying into a camera: “An eye for an eye, a tooth for a tooth.”As he continued to sentence the pair in their absence, Mr Justice Sweeney said: “You have both been convicted of the barbaric murder of Lee Rigby,” and said he was sure it was a murder with a “terrorist connection.” He added: “You each converted to Islam some years ago, thereafter you were radicalised.” He said the pair both converted to extremists and decided to “murder a soldier in public daylight” to advance their extremist cause. He described the scene of the murder as a “bloodbath” and said they “butchered” Lee Rigby, describing Adebolajo’s political statements, filmed on a mobile phone as “sickening.” Mr Justice Sweeney said the murder of Fusilier Rigby was a “betrayal of Islam.” He said the pair had not shown any regret for the killing and in the case of Adebolajo there was no mitigation. He added: “I’m sure this was a murder done for the purpose of advancing a political, religious or racial cause.
The murderers had been surrounded by nine dock officers during the two-hour hearing. Mr Justice Sweeney had warned both men they needed to remain quiet while they were sentenced and later apologised to those in court “that you all had to witness what happened in the dock”. Adebolajo, who wanted to be called by the name Mujaahid Abu Hamza, was dressed in a black Islamic robe and refused to stand up in court. Lawyers for Adebowale, who was dressed in a black skull-cap and black hooded top, referred to him by the name Ishmael Abdullah. Richard Whittam QC, prosecuting, said they should both receive “whole life” tariffs – meaning they will never be eligible for release – because of the severity of their crime and its political motivation. David Gottlieb, for Adebolajo, had argued that a whole life tariff would not be appropriate for his client.
“The first defendant (Adebolajo) is not so depraved and wicked that he is incapable of redemption in the future,” he told the court. He added that Adebolajo was a “sincere but misguided person who has committed a wicked act”. After the sentencing Lee Rigby’s family said Michael Adebolajo and Michael Adebowale had received the “right prison terms” adding: “We feel satisfied that justice has been served for Lee.” Both killers were born into Christian families and converted to Islam.
They were convicted of murder last December but their sentencing was put on hold while the Court of Appeal decided whether judges were free to impose whole life tariffs following a controversial ruling by European judges. Last week appeal judges backed existing British laws which say that in “exceptional” cases the most heinous criminals can be sent to jail for the rest of their lives. It was the first terrorist-related murder on British soil since the July 7 bombings in 2005. Adebolajo became interested in Islam in his teens and eventually became involved in Islamist extremism. His activities escalated in 2010 when he was detained in Kenya attempting to cross the border into Somalia. It is believed he intended to join al-Shabaab, the Somali terrorist group. Adebowale and Adebolajo, who both grew up in east London, claimed they were “soldiers of Allah” and that the killing was a legitimate act because Britain was at war with Muslim people.
The judge said the pair’s behaviour was “sickening”, and that Adebolajo had no hope of rehabilitation. He said: “Your sickening and pitiless conduct was in stark contrast to the compassion and bravery shown by the various women at the scene who tended to Lee Rigby’s body and challenged what you had done and said.”During their trial at the Old Bailey, Adebowale, from Greenwich, south-east London, offered no evidence in his defence, but Adebolajo, from Romford, Essex, gave a rambling testimony during which he told the jury he loved al Qaida. He claimed that they were “soldiers of Allah” and had carried out the killing as revenge for abuse of Muslims abroad. At the Old Bailey a statement from Drummer Rigby’s widow and mother of his son, Rebecca Rigby, was read out to the court where she described her fears for the future when their child would learn and see images of how his father died. The statement said: “Of all the feelings I have, the one thing that overrides everything is that I know my son will grow up and see images of his dad that no son should ever have to endure, and there is nothing I can do to change this.”
The only son of Lee Rigby, Jack, holds the hands of the loved-ones as he attended his father’s funeral in July. His mother Rebecca told the judge today that he will grow up to see images of his father’ horrific murder
The soldier’s step father also explained the impact of his murder on the family. He said: ” After all he had been through in Afghanistan all Lee was doing was just walking through London. Just seeing on the television and seeing the violence of it you just can’t comprehend. You take it all in and it doesn’t click in your head, it is like being somewhere else.” Before the sentence Adebolajo’s defending barrister David Gottlieb argued against his client being handed a whole-life order, with no hope of parole saying he did not intend to injure anyone other than the victim. He added: “There’s no evidence that the defendants were part of a wider network or cell or support group.”
The guidance about whole-life tariffs follows a decision by the European Court of Human Rights last year in an appeal by three murderers. Lord Thomas said the court held that the statutory scheme enacted by Parliament which enabled judges to pass whole-life orders was “entirely compatible” with the European Convention on Human Rights.A large group of protesters gathered outside the court as police tried to hold them back on Tuesday afternoon. Three people were arrested outside the Old Bailey as demonstrators gathered outside the court building, waving Union flags and chanting. A City of London Police spokesman said two men were arrested, one on suspicion of actual bodily harm and one for affray. A woman was arrested on suspicion of being drunk and disorderly. Supporters of the British National Party and the English Defence League gathered around gallows which had been constructed in the street and many held placards which read: “Restore capital punishment”.
The crowd cheered when the sentences was announced. Reporting for the TELEGRAPH, by By David Barrett, and Claire Carter
The sentence is far too lenient in my eye. They should have been taken by boat down the River Thames, and placed through the Tower of London’s traitors gate, to be allowed the privilege (denied to Lee Rigby) of saying say goodbye to their families for the last time.
Then they should have been taken to the scaffolding and hung from the neck until pronounced dead. Yours Aye.
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A 16-year-old girl was taken to the hospital in serious condition Friday, after being shot at an apartment complex near S.E. 59th Street and Sunnylane in Oklahoma City.
Police say the gunman is a 16-year-old boy who was found beaten following the shooting. Neighbors say the boy was beaten so badly he began to have a seizure. News 9 was on the scene as the boy was put into an ambulance. Dozens of people gathered to watch the violence.
"I think they could have pretty much pulverized him into the ground," witness Enoch New said.
New says he saw the boy walking through his neighborhood, which is about five blocks from the shooting location.
"About five cars pulled up with 12 or 15 people going after [him]," New said.
Neighbors say they're not surprised to learn police believe the shooting is gang-related. Police are still searching for a motive and a person who could be seen as both an attacker and a hero.
"We do not have suspects in the beating at this point," Lt. Trevor Taylor with Oklahoma City Police said.
Witnesses on the scene pointed out a suspect in the beating to police. Officers talked to the man, but did not arrest him.
The 16-year-old girl remains hospitalized. The suspect has been released from the hospital and is in police custody.
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Can you go to a casino at 18 in Delaware?
While Delaware offers state-regulated online casino gambling – they require players to be 21+. Even though online casinos will accept players from DE at age eighteen, state gambling laws dictate a minimum gambling age requirement of 21 for Internet gambling.
What is the gambling age in Delaware?
Minimum Age to Gamble in United States of America
|(CA) California Gambling||18||18-21 (varies)|
|(CO) Colorado Gambling||18||21|
|(CT) Connecticut Gambling||18||21|
|(DE) Delaware Gambling||18||21|
What casinos let 18 year olds gamble?
Eagle Mountain Casino
This casino in Central California serves no alcohol anywhere on the premises, so 18-year-olds can gamble throughout the casino. Eagle Mountain Casino is in Porterville, about halfway between Bakersfield and Fresno.
What happens if you gamble under 21?
If you get caught on a gambling floor and you’re under 21, the charge will be placed on your criminal record and you could face the following penalties: Fines (Between $500 and $1,000) Driver’s license suspension (Six months) Probation.
Can you play slots in Vegas at 18?
The minimum age to gamble or drink alcoholic beverages is 21. Minors are not allowed to stand next to slot machines or table games, but they may walk through the casino. … Anyone under 21 must be accompanied by an adult 21 or older while moving through the casino.
Can 18 year olds gamble at Indian casinos?
California Minimum Gambling Age
Minimum gambling ages are 21 years old for casinos, 18 years at tribal casinos without alcohol license, 21 for poker, 21 for bingo, 18 bingo without alcohol license, 18 for horse racing, 18 for the lottery.
Where can I play poker at 18?
The states which provide poker gambling access to eighteen-year-olds are as follows:
- California (certain tribal casinos)
- Michigan (certain tribal casinos)
- New Hampshire.
- New York.
Is Jamul casino 18 and over?
Visitors have to be 21 years old or older to gamble at Jamul Casino.
What happens if you get caught gambling under 21 in Atlantic City?
The Casino Control Act (N.J.S.A. 5:12-119) prohibits anyone under the age of 21 from gambling in an Atlantic City casino or any simulcast facility. … A conviction for underage gambling will also result in a fine of between $500 and $1,000 and the individual’s driver’s license will be suspended for six months.
Can you gamble on your 21st birthday?
Although the underage drinking law is federal and applies to all 50 states, each state decides its minimum age to gamble. In many states, you’ll have to wait until your 21st birthday to challenge the one-armed bandit or play a hand of cards for money.
Can you gamble under 21 in Vegas?
The legal age for gambling in the state of Nevada is 21. NRS 463.350 provides that a person under the age of 21 shall not: Play, be allowed to play, place wagers at, or collect winnings from, whether personally or through an agent, any gambling game, slot machine, race book, sports pool or pari-mutuel operator.
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New WILL report explains the national danger posed by the social media app TikTok
The News: The Wisconsin Institute for Law & Liberty (WILL) issued a new policy report, The Mysterious TikTok-ing Noise. The report recaps the meteoric rise of the China-based social media app “TikTok,” and recounts the invasive ways that the software records data from its users. The report strongly recommends that Wisconsin take heed of federal warnings and follow some other states’ practices in prohibiting the app from government-owned devices.
The Quotes: WILL Senior Research Analyst, Noah Diekemper, stated, “TikTok poses a substantial security risk to state and local governments. Our state government owes it to Wisconsinites to keep public operations safe from technological vulnerability at the hands of authoritarian adversaries.”
“TikTok is Chinese Communist Party spyware and belongs nowhere near government devices,” said Representative Mike Gallagher, Chairman of the Select Committee on China in the U.S. House of Representatives and congressional representative for Wisconsin’s 8th District. “WILL’s report clearly defines the threat it poses to government employees and should leave every Wisconsinite asking one question: Why does Governor Evers continue to allow this app to be on state government devices?”
Background: The Beijing-headquartered app TikTok has become one of the most popular social media platforms in America. But, there are significant concerns about the extent of the software’s reach and concerns that the communist Chinese government could have the ability to access TikTok’s data on U.S. citizens.
Policy Recommendations: This report highlights how TikTok poses a national security threat to the personal lives and private information of Americans. In a government context, these vulnerabilities could be catastrophic. Based off of the findings of this report, WILL recommends that Wisconsin’s policymakers ban TikTok on all state devices. Wisconsin should join the rapidly-growing number of states that have banned TikTok from government-owned devices. Government employees should also be prohibited from using this social media on state networks or during official working hours.
- The Mysterious TikTok-ing Noise, December 22, 2022
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The investigation into the shooting of a man outside a well-known nightclub in Puerto Banús early on Monday morning points to the victim having fired the gun at himself accidentally. He has since been arrested for being in possession of a firearm.
Police were called to the door of Kube at 6.05am on Monday with reports of a man having been shot in the leg.
Initially an ambulance took the victim to the Hospital Costa del Sol before he was moved to Malaga. He later returned to the Hospital Costa del Sol when doctors had stabilised his condition and was kept under observation.
Sources at the club say that it was the doormen who had first noticed the man's injury and had called police. He had apparently been walking down the street.
The man is said to be aged 30 and of Moroccan origin.
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After all, how you’re treated when you file a claim is priceless. Oklahoma has the highest average home insurance rates of $4,445, based on an Insurance.com rate analysis. Below you’ll see the top five states that are most expensive for homeowners insurance, with a more detailed explanation below. Here are seven major questions you should consider when evaluating purchasing title insurance for commercial real estate. As a soon to be home owner, you may be wondering whether title insurance is worth the cost or not.
Shop for Florida title insurance like you would shop for any other product or service you’re going to purchase. The title company you choose will play a critical role in you experiencing a successful and stress-free real estate closing. Be an informed consumer and choose the title insurance company that best fits your needs — even if it’s not Title Partners of South Florida. If the buyer pays for title insurance, this line item will include the price for the title insurance premium. In Florida, title insurance premiums are computed by a fixed formula set by the State and are directly tied to the price of the property being purchased.
Other factors, such as our own proprietary website rules and whether a product is offered in your area or at your self-selected credit score range can also impact how and where products appear on this site. While we strive to provide a wide range offers, Bankrate does not include information about every financial or credit product or service. Also, insurance premiums may be regulated in a particular state – the insurance company is not allowed to make any changes on the premiums, whether to increase it or to decrease it.
And second, in addition to the underwriter’s required endorsements, the borrower might request certain endorsements be added to a policy. Our clientele benefit from our attorneys’ collective experience of handling thousands of real estate transactions and years of practice. If you are in active negotiations to purchase or sell real estate, be sure to take the necessary steps to ensure Georgia Title is designated in your sales agreement. Title company regulations require fidelity or surety bonds of at least $50,000. Purchasing your bonds could cost you up to $1,000, so be sure to plan your budget accordingly. Title company bonds help to protect both your and your customers.
When purchasing any property, buyers should always insist on obtaining an owner’s title policy because the mortgage lender’s title policy offers no protection to the buyer. When you work with an experienced title company, they will conduct a title search to uncover things such as existing liens, undiscovered wills, and property encroachments. Although this is a more common technique in a buyer’s market, it’s not unusual for a home buyer to request that the seller pay for the homeowner’s title policy. In the end, practically everything is negotiable when it comes to buying a home. A trusted real estate professional can help when you’re uncertain about what is or isn’t negotiable.
Title Insurance Cost Calculator Florida Lifelia
You can shop for any of the services listed on section C of page 2 of your Loan Estimate . The specific services that you can shop for vary from lender to lender. Title services are the largest costs in this category, and in most cases you will be able to shop for them. Title services include title insurance, title search, and other costs and services associated with issuing title insurance. In most parts of the country, title services also include the fee for the closing agent who conducts your closing.
Rabideu law is proud to bring you our title insurance cost calculator. Please select your state, county, order type, and enter your sales price and/or loan amount if applicable. The buyer decides to buy the title insurance from your title insurance company. Since the title insurance company already has done a title search on that particular, all it has to do is check whether the transfer from you and the buyer is legal and proper. And because less effort is required, then less premiums are also charged. Reissue rates can be up to 40% to 60% cheaper than the typical rate.
A gap insurance policy protects buyers and lenders for title defects that may arise just before a real estate closing. Furthermore, there’s a decent chance the home seller will foot the bill for the owner’s title insurance policy anyway, so it might be moot. Refer to the list above for rules on whether your state requires insurers to pay or reimburse sales tax, title, and registration costs in total-loss settlements. States with laws requiring insurance companies to pay for sales tax may or may not have regulations about third-party insurers. You can see which states with sales tax reimbursement laws also have third-party regulations on the list on this page.
Thereafter, the parties must have the property inspected and/or surveyed, finalize financing and, most importantly, the property pass muster with a title company or law firm to allow for title insurance to be issued. This is a fee that is charged by the title company as a cost of closing the transaction. This fee can vary between title companies depending upon where you are located. Title insurance premiums can vary from a couple of hundred dollars to a couple of thousand dollars. Some factors that can affect the cost of your premium include the title search, examination, and expected cost of any title defects. Let’s examine the ins and outs of title insurance, why home buyers need it, how much you can expect to pay, and how you can save on a title insurance policy.
They give you both peace of mind in knowing customers can recoup their money if something happens to you or your company. Prior to joining CarInsurance.com, she reported and edited articles on technology, lifestyle, education and government for magazines, websites and major newspapers, including the New York Daily News. Below you’ll see which insurance providers offer coverage for salvage vehicles that have been repaired and earned a rebuilt title. So if you buy a salvage 2012 Toyota Camry, you’ll pay the same amount for your car insurance as someone who has a 2012 Toyota Camry that hasn’t been damaged. “However, a liability-only policy may not come with that hefty of a premium, so if someone is interested in insuring a car with a rebuilt title, it is worth comparison shopping.
The department will issue a salvage certificate for flooded and stolen motor vehicles as well. Depending on whether or not the vehicle can be repaired, the insurance company or the vehicle owner can apply for either a rebuildable or an unrebuildable salvage title, which is also known as a certificate of destruction. Note that certificates of destruction are mainly issued in cases when the cost to repair the vehicle exceeds 80 percent of its current value. In general, settlement fees range anywhere from two to five percent of the total loan amount and are paid whether you’re purchasing a new home or refinancing your current mortgage.
The largest cause of title insurance policy claims is forged signatures. Even the world’s greatest title searcher or abstractor usually can’t predict when a forged signature will appear in the chain of title. If the title is marketable than title insurance can typically be bought. Any encroachments and other matters that an accurate survey discloses would be placed in most likely “Schedule B, Section II” of the title insurance policy. These would be listed as exceptions, as mentioned above, and would not be covered.
In other words, title officers will do all the work for you if you hire them. What’s more, working with a title officer will also award you the opportunity to acquire title insurance. For those who are not a Florida resident but have bought a vehicle in FL, you might be able to get a temporary license plate and car registration tag with the local county tax collector’s office.
Know what expenses to expect, how much money you’ll ultimately pay out or receive, and consider negotiating closing costs when it’s practical and likely to prove to your advantage. I hope this has helped “clear up” the purpose and the calculation of title insurance. Your Tallahassee REALTOR® should already have it in a spreadsheet and thus be able to give you an estimate at the time you prepare your written offer on a property. Or, you can try our new Title Insurance Calculator that should be completed before February of 2010! Key Title & Escrow is a premier Florida title and escrow company that has been serving the real estate industry for over 21 years.
For title and registration fees are based on car statistics, GOBankingRates assumed a car value of $33,543, an average weight of 4,000 lbs and a model year of 2014. Car sales tax and title fee were counted once each, while recurring annual costs of registration fees, insurance premiums, gas expenses and car maintenance were each counted three times for three years. This generated the total costs of buying and owning a car in each state, and states were ranked according to this total to find the least and most expensive. The most common type of title insurance is the lender’s title insurance, in which the borrower purchases coverage only to protect the lender. The owner’s title insurance is often paid for by the seller to protect the buyer’s equity in the property and is available separately.
There are many forms of standard endorsements to cover a variety of common issues. The premium for the policy may be paid by the seller or buyer as the parties agree. Usually a custom in a particular state or county on this matter reflects in most local real estate contracts. One should inquire about the cost of title insurance before signing a real estate contract that provides that he pay for title charges.
Auto insurance premium costs in Florida have increased steadily since 2009. The Sunshine State ranks third in the United States for auto insurance rates, an average of $2,219 annually as of April 2019, reports Insure.com. The most expensive states for average annual auto insurance premiums are Michigan, $2,611 and Louisiana, $2,298. The average cost of Florida’s auto insurance premiums is 52% higher than the national average. By comparison, New York’s average rate is $1,789 and California’s is $1,846.
My husband and I are so grateful to have been able to take advantage of yet another drastic dip in rates. But when you refinance, don’t get so hung up on the fabulous low interest rate you’re getting that you forget to scrutinize the closing costs you’ll be paying for the privilege. Often those costs are so abusively high that they take a big bite out of the savings you are achieving by snagging a lower rate. Please note that if you are an attorney in the state of Florida, you are not required to obtain a title insurance license in order to practice and start your company. You may save substantial cash if you’re buying a car that’s been declared a total loss and considered salvage, but then could wind up paying extra for your salvage car insurance. In order to operate a boat in Florida’s public waters, it must be titled and registered with the state, which you have 30 days to do after you’ve purchased a boat.
When evaluating offers, please review the financial institution’s Terms and Conditions. If you find discrepancies with your credit score or information from your credit report, please contact TransUnion® directly. Favorable mortgage rates and reasonable fees are coupled with a good assortment of loan options. Your total mortgage principal is the amount of money you borrowed for a loan.
Whats The Purpose And Role Of A Title Company In Florida?
North Carolina residents’ typical tax and title fee costs are $675 than the average of all states ($1,733). If there is a fault in title that results in a loss, the mortgage holder will be paid back. To qualify for a reissue rate, the borrower must provide the (seller’s) current owner’s title policy, which must be less than 10 years old. The reissue rate is based on the face amount of the (seller’s) current policy. At this point, you will want to pay special considerations to anything and everything regarding past ownership.
On average, they can run up to 5% of the total purchase price of a new home. For a $300,000 home, the closing costs would be in the $12,000 range. The costs involved in filing a quiet title action in Florida include such things as the Court required case filing fee which ranges between $300 and $450, depending on the county in which the case is filed.
The average $942 Vermont car insurance premium is $383 less than average insurance costs of $1,325, providing enough savings to make up for more expensive gas, car maintenance, registration fees and vehicle sales tax. With no sales tax and a title fee of just $15, Alaska car buyers save $1,718 on one-time purchase costs on average. Alaska’s annual car ownership costs do edge just $101 above average, however. Even though the state has cheaper car insurance and vehicle maintenance costs, Alaska also has some of the highest gas prices, which would add around $1,766 a year to a typical drivers’ expenses.
Title insurance, a $15 billion industry, is also forecasted to continue growing through 2020. It’s clear more homeowners are electing to choose title insurance, and you too should understand the fundamentals and importance of title insurance for your home purchase. When an insurer how much is title insurance in texas perceives higher risk of loss, it may only offer limited policies or policies with limited perils coverage and/or higher deductibles so there is less chance of claims due to increased risk of loss. Insurance companies review claims from an entire neighborhood when devising rates.
Use Louisiana Title Services, Inc’s Free Premium Rate Calculator to get a quote for your title insurance policy. A Deed Prep Fee is applicable when a title is transferred, or an existing deed has to be modified as part of a transaction. When a home is purchased, for example, the deed must be transferred title from the seller to the buyer. A deed may also be required when refinancing if marital status has changed, or people need to be added or removed from the title. Selling a home can cost a substantial mount of money, and protecting your equity is important.
Any items that are not covered by the insurance are listed as exceptions to coverage. A federal law called the Real Estate Settlement Procedures Act entitles an individual homeowner to choose a title insurance company when purchasing or refinancing residential property. Typically, homeowners do not make this decision for themselves and instead rely on their bank’s or attorney’s choice; however, the homeowner retains the right to choose a different insurer. RESPA makes it unlawful for any bank, broker, or attorney to mandate that a particular title insurance company be used. Doing so is a violation of federal law and any person or business doing so can be fined or lose its license. ALTA members conduct title searches, examinations, closings, and issue title insurance that protects real property owners and mortgage lenders against losses from defects in titles.
Understanding Property Deeds
Further, 58% of respondents said they believe that ABAs are a conflict of interest. There are also ALTA mortgage policies covering single or one-to-four family housing mortgages. The courts ruled that Muirhead was not liable for mistakes based on professional opinions.
Enter the Sales price of the real estate to calculate the owner’s title insurance policy fees. For a purchase price of a $500,000 property in Georgia bought with full cash, the cost of the title insurance owner’s policy is $1,880. For a purchase price of a $1,000,000 property in Georgia with a 20% downpayment ($200,000), the cost of the title insurance owner’s policy and lender’s policy are $3,430 and $150 respectively. Across the state, the average home sells for somewhere between $300,000 and $400,000.
I don’t really consider this a closing costs because regardless of how you sell your home, you have to pay the note off. Here’s a calculator that can help you figure out the cost for your area and purchase price. While most homeowners will never need to use their title insurance, its existence offers protection against a potentially aggravating—and very expensive—financial loss.
Check your condo documents and add extra master policy deductible and special assessment coverage if needed. Determine your dwelling coverage amount if master policy is not all-in. However, it’s important to understand the key differences between a homeowners policy and condominium insurance.
Title insurance offers protection against any claim that comes against the ownership of a property. While there is no need to renew an insurance license in Florida, you do need to keep your license current with continuing education credits. It’s required to take courses that are specifically approved for Florida insurance agents.
First, you need to understand what closing is and what title insurance is. Whenever you get a new loan, you’ll need a new lender’s title insurance policy. Title companies may offer a “reissue rate” to keep your business, so contact the title company on your current loan for a quote. An owner’s title insurance policy protects a buyer in case a problem arises regarding previous ownership of a title. This includes anything from clerical errors in the paperwork to full disputes over ownership. This title insurance policy covers any fees for legal representation or to reimburse the value of a home if mistakes are made.
After all, if a bank loans you money to buy your home, it makes sense that they’d want to secure and protect their monetary interest against potential problems with the title. The fee range translates to a premium of $1,372.50 to $2,745 for a median-priced home of $274,500, according to December 2019 data from the National Association of Realtors. While title insurance costs by state vary, the higher your purchase price, the more you’ll likely pay for title insurance.
Lender’s Title Insurance is required in nearly all refinance and purchase transactions. As the name suggests, this policy protects the lender against losses incurred due to title disputes. Title fees are listed as part of your Loan Estimate — a legally required document that summarizes the features, costs, and risks associated with your mortgage. Every lender is obligated to provide an official Loan Estimate within 3 days of receiving a new application. Whether you’re buying a home or refinancing, there are costs associated with insuring, reviewing, and modifying the title of that property. These costs are called “title fees,” because the “title” is a legal document that proves you own a property.
Before you buy title insurance, a title company is working to make sure there are no issues with your title. A couple purchased their first home with the help of the wife’s aunt. The aunt was an employee at a bank and was entitled to a 1/4% discount on the interest rate if she joined her niece and her husband in the mortgage. Ten years later, the husband divorced his wife and was removed from the mortgage agreement.
They should read the title-related documents that are provided and ask questions if any clarification is needed. If the title company cannot answer their questions, then they should engage a real estate attorney in Denver to assist them with the process. The day before closing is not a good time to start asking questions, as most title issues take several days to resolve. Title insurance the purpose of title insurance is to is a onetime payment generally paid for at closing and is valid for the entire ownership of the insured and is even transferable to their heirs upon their death. Title insurance in florida is a promulgated rate and is regulated by the florida department of finance. While Michigan has cheaper gas prices and car repair costs, it also has the highest insurance premiums of any state.
With title insurance, you are protected against any loss resulting from a claim on your legal ownership of the property. You are guaranteed legal defense and all the related costs and fees. Should the claim prove valid, you will be reimbursed for your loss. In the State of Florida, the party responsible for paying for title insurance varies by county, though it can be negotiated in thesales contract. Though most counties in the state have the seller choose the title / closing company and pay for title insurance, in South Florida (namely Miami-Dade, Broward, and Sarasota), it is the buyer that must fulfill this obligation.
But Arkansas is also more expensive for car insurance and auto sales tax. A car sales tax of just 3 percent and a low $5 title fee mean buying a car in New Mexico is $722 cheaper than the national average. Lower car maintenance costs of $352 annually combined with cheaper gas prices also keep car ownership affordable in New Mexico. New Hampshire is the cheapest state to own a car by far, with the total costs of buying and owning a car for three years coming in at $1,182 less than the next-cheapest state (Missouri at $9,280).
First-party coverage under clear ACV provision does not include sales tax because replacement cost considerations apply only when the property is replaced. However, if ACV provision is ambiguous, policy must be read to include sales tax in calculating the FMV of damaged property, regardless of whether insured replaced the damaged property. No applicable statute, case law, or regulation governing recovery of sales tax. In a third-party claim, you do not have a direct contract with the party you are seeking to recover from and their primary obligation is to their own policyholder.
Owner’s insurance will protect you from any ownership disputes, while lender’s insurance will protect the bank that financed the home. For example, if you purchase a property and someone else turned out to be the rightful owner, title insurance would pay back the home’s value. WHY PROPERTY BUYERS AND LENDERS NEED TITLE INSURANCE. As a percentage of the cost of real property, title insurance premiums probably average about one percent. First time home buyers may be surprised at the title company fees, along with other closing fees that need to be paid.
Title insurance will pay your legal fees in a case like this and even pay for your loss if you end up having to give up the property. Owners of the land, over time, may have obtained rights to the air above it, the minerals below it and the utilities that run through it. If those rights are not in public records and/or are disputed, they may elude the search.
These companies offered drivers coverage at an average annual cost of $529, a savings of $569 annually. But even if an examination turns up nothing, title insurance is still necessary to protect you from the many hidden hazards that even the most assiduous search won’t locate. These include the owner lying or being mistaken about their marital status , forged or defect documents, clerical recording errors, and much more. It’s not required that you have to get title insurance on a property when you purchase a property when you’re paying cash. However, if you’re getting a financing on the property the lender is going to require that you have title insurance. However, while real estate agents and lenders can answer many questions, often they do not have a great depth of knowledge relating to title insurance, says Klein.
That is, unless the other driver was at fault, in which case you can file a claim against their property damage liability insurance. For example, if you run into another vehicle or a structure and your car is totaled, you’d be covered under collision insurance. If someone or something else damages your car – maybe a fallen tree or hit-and-run driver, you’d be covered under comprehensive insurance. The value probably won’t be enough to pay for a brand new version of the vehicle you just lost.
The title insurance premiums are regulated by the state of florida. The title insurance premiums usually are the largest of the title fees. Lender’stitle insurance averages0.50 percent to 1 percent of the loan amount. Owner’s reissue rate on title insurance title insurance costs significantly more than the lender’s policy, since the lender’s title insurance coverage declines over time as the mortgage is repaid. An owner’s title insurance policy is optional, though recommended.
First, you may decide to meet with a few agents from title companies before you buy your home to help you decide which company to go with. I have been searching for the default policy re title insurance in Lee county. My husband and I are making an offer on a condo today and you answered my question in the nick of time. Title insurance protects home buyers and lenders from many issues. Here’s more on what is title insurance is, how much it costs, and how to lower the costs. In a refinance transaction, the lender’s premium is typically paid by the borrower, but in some purchase transactions, the borrower may be responsible for the cost.
The Company will not only satisfy any valid claim made against the insured’s title, but it will pay for the costs and legal expenses of defending against a title claim. One of the biggest costs for Utah car buyers is the state’s hefty 6.85 percent car sales tax, which costs them $2,298 for a typically priced vehicle. Utah also has some of the priciest car maintenance and repair services, averaging $413 a year. On the other hand, cheaper car insurance premiums of $1,061 will save residents $264 a year over the national average. Vermont residents pay some of the lowest prices for car insurance.
Clever’s Concierge Team can help you compare local agents and find the best expert for your search. Clever’s Concierge Team can help you compare local agents and negotiate better rates. Quick response to any questions and I loved the cloud file storage. Connect with top-rated agents near you and save thousands on commission fees. In Florida, a survey costs $200-$800, depending on the size of the property being surveyed. In Florida, a home appraisal costs, on average, $500, or slightly higher with certain types of loans.
It has long been our practice to compare our original GFE with the final HUD at closing for our clients. We also found the new GFE to be rather straight forward and very helpful to clients. It’s frustrating when already, it only takes a few to ruin a good thing for everyone. The intent is to help consumers who don’t deal with these transactions everyday understand what is all involved. This idea was good in spirit, but in practice it is chock full of problems.
However, dealers are allowed to add an extra fee if they were to do the registration on your behalf. But the extra fee has to be disclosed separately from your contract. For example, if you’ve paid a 2% tax in another state, you will only need to pay the remaining 4%. If the vehicle has multiple owners in the title, all of them have to be present to show proof of identity. If you just moved to Florida and you intend to become a resident, you have 30 days to register an out-of-state vehicle with the Florida Department of Highway Safety and Motor Vehicles .
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before deciding to pursue representation, please review our qualifications and experience. The information presented at this site should be construed as general information only and is intended to neither offer formal legal advice nor create an attorney-client relationship. Our experienced lawyers are committed to providing our customers with top notch service that is unparalleled in the title industry. So, you may also think that most drivers who do this can’t afford a used car that’s roadworthy.
You can still drive the car around, but without the title then you can’t do anything else with the car and it’s pretty much useless. Without the car title, there isn’t really any legal proof that the car actually belongs to you. For example, you won’t be able to register that car in Florida, nor will you be able to register it in another state if you’re moving out of Florida. To request a personalized plate, you will need to fill out the HSMV form. Afterward, bring the form to a local DHSMV office to submit the form. From there on they will start the process for your new personalized plates.
These have to do with how certain structures are situated on your property. But be aware that not every car insurance company will insure salvaged vehicles. For instance, Travelers and Direct General are two companies that do not write policies for salvage cars. And you may be required to provide evidence of risk mitigation measures if you want a broader set of perils included in your coverage. For example, since Florida is prone to hurricanes, you may need to provide your insurer with a “hurricane plan” before they’ll include wind coverage in your boat insurance policy.
It typically costs about $1.75-$9 per $1,000 of the home’s value, or about $350-$1,800 on a $200,000 home, or $700-$2,000 or more for a $400,000 home. An owner’s policy, if purchased separately, would typically cost more than a lender’s policy because the owner’s policy covers a higher amount. The reason that the three GFEs were so far apart yesterday was because each lender had quoted different amounts for title insurance. This really should not happen, as title insurance premiums are promulgated and should represent the bulk of the title insurance costs for the home buyer.
Title Search– A home purchase requires a title company to establish clear ownership of the property and if there is a “marketable title,” which is to say, if the sale is legal. To accomplish this, the title insurance company looks at chain of title and for any outstanding claims, judgments, or liens, typically at a cost of from $200 to $400. Aside from the effect on the title insurance policy, owners must also consider the additional cost associated with transferring ownership subsequent to the title insurance being issued.
The policy also provides coverage for loss if there is no right of access to the land. Although these are the basic coverages, expanded forms of residential owner’s policies exist that cover additional items of loss. Standardized forms of title insurance exist for owners and lenders.
Title insurance only covers issues that date from before you took ownership of the home. If you don’t pay your property taxes or the government decides it wants to tear down your house and build a highway, you’re out of luck — the title insurance company won’t go to bat for you. In some states, the homebuyer pays the cost of both lender’s title insurance and owner’s title insurance. In the rest, title insurance costs are up for negotiation between the buyer and the seller.
Unlike other types of insurance which protect against future events, like car, health or travel, title insurance covers you for things that occurred in the past of the property. This could include things like another person claiming an ownership interest, improperly recorded documents or fraud and forgery. A title search is research of public records to determine a property’s legal ownership and find out what claims are on the property.
Power 2010 – Primary Mortgage Origination and 2014 – 2021 Primary Mortgage Servicer Studies of customers’ satisfaction with their mortgage sales experience and mortgage servicer company, respectively. A home appraisal determines the value of a home, whether for buying, selling or refinancing. If you’re buying a home, you may be considering different types of mortgage insurance.
To find out what the title insurance will cost, contact the title provider and ask for its rate formula. In some states, it’s a matter of public record, so you should be able to get it. Some companies put title fee calculators online so that you can estimate your own fees. Calculate Michigan title insurance fees for buying, selling, and refinancing residential real estate. If a mortgage is being taken out on this property, simply enter the loan amount to calculate the lender’s title insurance policy fee.
For example, a seller with a closing date of August 31st will have to pay outstanding property taxes from January 1st to August 30th. A house is often the most expensive purchase a person will make in his or her lifetime. Homebuyers can spend several thousand dollars in addition to the price of the house after the various fees, what is title insurance premium inspections, and closing costs are tallied. The dealership will then have to transfer the car’s title and registration within 30 days. If they fail to do so, you will need to contact the DHSMV to figure out how to finish the process. They will likely ask you to visit the county tax collector’s office to complete the process.
You typically have a range of deductible amounts from which to choose. For starters, you probably won’t need as much dwelling coverage as you would if you were buying a single-family home. Your condo association’s master insurance policy likely will cover the exterior of your condo, as well as hallways, elevators, pools and other common elements.
Homeowners are sometimes not required to buy title insurance, but it’s a risky proposition to not get it. Well, we’ll get into that in a moment, but let’s recap title insurance again. It is insurance protects the homebuyer and/or lender from financial trouble if something happens later that makes who owns the house a little murky. You may not be required by your lender to buy title insurance, unlikehome insurance, but if you don’t get it, you may regret it. Of course, you may be wondering, “so, what is title insurance?” Even if you took a personal finance class in high school or college if title insurance was covered, chances are, it was minimal.
Your realtor will have a better idea of the closing costs you can expect to pay, depending on the Florida neighborhood you’re selling in and other factors. Closing is typically held in the title company’s office and involves the completion and execution of all documents to finalize the transaction between buyer and seller. The tax in most Florida counties is $0.70 for every $100 of the home’s purchase price, which is also known as the deed’s consideration. For example, if you purchase a home through most of Florida for $250,000, the documentary tax stamp rates will be $1750.
- Title insurance protects you if somebody comes along and claims they have a legal right to your property.
- You could also pay closing costs with gift money from a relative or friend, or a grant from a public agency if you’re unable to pay them out of pocket.
- If such a transaction goes unrecorded for any reason or length of time, an unscrupulous grantor could sell the property to another grantee.
- From the higher $115 registration fee to costly insurance ($1,773 annually) and repairs ($412 annually), expenses quickly pile up for car owners in D.C.
- You may not be required by your lender to buy title insurance, unlikehome insurance, but if you don’t get it, you may regret it.
- I have been writing for legal blogs for several years, and hope to continue to help many readers.
Let’s look at a pair of charts that lays out how much each party is responsible for. In Florida, and in general, buyers are on the hook for fewer closing costs than sellers. This is largely due to the simple fact that sellers are receiving the big payout here, and can more easily afford to pay a larger share of closing costs.
A more common solution is asking the seller to cover some or all of the closing costs. But there are other ways to reduce your closing costs when buying a home. Choosing a slightly higher interest rate in lieu of closing costs, however, can give you a bigger interest deduction. This is because you’ll be paying a slighter higher rate, which means paying more interest. Rolling closing costs into your mortgage is usually not the same thing as a “no-closing-cost” mortgage. In addition, by adding the closing costs to your new mortgage balance you are increasing the loan-to-value.
It’s hard to remember at times, but all those steps are for your – and your lender’s – protection. If it’s bad enough, an insurer can say the risks are too high and may not write a homeowners insurance policy, said Daniel. If you decide to increase your deductible, make sure you set aside enough money to pay for the higher deductible in case you have to file a claim. Major wildfires aren’t just contained to areas that don’t get much rain like Southern California. Wildfires have destroyed thousands of acres in the Pacific Northwest and Tennessee in recent years.
In such cases, you can make the necessary repairs yourself or engage the services of a professional repairman for that purpose. Once your vehicle passes the necessary inspection procedure, you can then proceed with the titling and car registration proceduresbefore driving it on public roads once again. Before lending you hundreds of thousands of dollars to purchase a home, your lender will ask you to pay for a home appraisal to confirm that their investment is secured. The average cost of a home appraisal by a certified appraisal professional in Florida will range anywhere between $300-$500. “If you get a good title company, they will fix those issues for you,” Mallett says.
This will give the CE provider time to report the successful completion to the department of insurance. Your CE courses can be taken at any time within your license term. If this is the state you reside in, then renewing your license will also keep any non-resident license you have in good standing. You will still need to pay the license renewal fee for non-resident licenses held in other states. Attorney Glover sets himself apart by providing first class client service for all personal injury related matters such as car accidents, golf cart accidents, and other serious injury claims. On the other hand, golf carts are not required to be either titled or registered and are not required to be insured with Personal Injury Protection and Property Damage Liability.
All decisions regarding any insurance products, including approval for coverage, premium, commissions and fees, will be made solely by the insurer underwriting the insurance under the insurer’s then-current criteria. All insurance products are governed by the terms, conditions, limitations and exclusions set forth in the applicable insurance policy. Please see a copy of your policy for the full terms, conditions and exclusions. Any information on the Site does not in any way alter, supplement, or amend the terms, conditions, limitations or exclusions of the applicable insurance policy and is intended only as a brief summary of such insurance product. Policy obligations are the sole responsibility of the issuing insurance carrier. “You will see people financially negotiating on every term, including asking someone to pay for their title insurance,” says Edward Mermelstein, a real estate attorney with Rheem, Bell, and Mermelstein in New York.
Regardless of where you are, who pays for the title insurance is very much up for negotiation, so don’t be afraid to ask. If you add in Florida real estate commission, which is typically 6% of the sale price, closing costs in Florida can range up to 9% of the final sale price. For example, if a third party claims they have ownership to your property, the terms of your Title Insurance policy will guarantee your legal defense and cover the associated costs.
As the consumer who will pay the costs of title insurance, you should become an educated customer by using the vast resources of the Internet. You can shop ahead of time to learn about the product and research companies that offer commercial title insurance. Once the contract is signed, a copy of the contract should be immediately delivered to the designated title company.
Though the title search attempts to uncover any issues concerning the seller’s claim to ownership, the title insurance provides protection for any defects the title company might have missed. If the property is financed through a mortgage, the lender will require title insurance. The policy premium is paid as a one-time fee as part of the closing costs. Most title agencies will perform a date down search immediately before closing on the purchase or loan transaction. This means the title agency will review the public records for the property one more time after the gap period. This allows the lender to remove the gap exception from the title insurance policy actually issued to the buyer or lender.
Sign up to stay up to date with the latest mortgage news, rates, and promos. The specific terms used may vary a bit from lender to lender, but if you understand the meaning of each, you should be able to navigate any Loan Estimate without too much trouble. Title fees can cover a wide range of costs, so we’ve outlined a few of them below to help you know what to expect. The reasonable and necessary cost to replace the damaged, destroyed, or stolen covered property. Apply to policies not considered to be “homeowners’ policies,” as that term is commonly understood in the insurance industry.
There are many reasons why a title might not be clear, which is why title insurance would protect financially you should something happen. In some states, title insurance premiums are the same no matter who you work with, but in the majority of states, you can save money by shopping around. Even in states with highly regulated title insurance industries, there are ways to save.
They include the legal description, property taxes, and mortgage liens. The legal description will mention where the property is located, how it is zoned, and the lot’s boundaries in relation to nearby streets. This section should be specific and accurate; review it with your real estate agent if you have any questions. This is because the preliminary title report’s cost is typically included in the closing costs.
The state sets five defined premium tiers based on the price of the property or the loan in increments of $1,000 that you can see on this page below. Some title agencies, though, do not provide coverage in a standard policy for defects arising in the gap period. This means the buyer or lender would bear the risk of loss for defects arising during the gap period. To reduce that risk, most title agencies will issue an independent title insurance gap policy that covers defects that arise during the gap period.
Some states may require you to pay an additional registration fee if you own an electric vehicle or a hybrid. Office of Insurance Regulation to assist in the analysis of title insurance industry in Florida. Even if you’re diligent and conduct a lengthy title search, unexpected things can come up.
Real estate transactions entail many processes and moving parts, many of which may be unfamiliar to the average buyer. Title Insurance is one of the critical requirements for any closing, and no buyer should take ownership of a property without it. Here’s a quick rundown of what Title Insurance is, how the cost is determined, and why you should enlist Marina Title for all your title needs. In Palm Beach County, as in most other Florida counties, the seller is usually paying for title insurance. The seller of a property in Palm Beach County will usually also cover other title charges, like title and lien search.
Now we’ve talked about the different processes require when you want to register a car in Florida. Depending on your circumstances and how the car was bought, there are different documents are parties involved. So, the question is, how much does it cost to register a car in Florida?
In other words, a title report is a fancy way of identifying a home’s previous owners. A complete report will document many more things than previous owners — liens, encroachments, and easements, to name a few. That’s why we offer robust coverage limits, so if the unthinkable happens, you can get your life back to normal fast. The charges set forth herein may vary and additional charges will be made when unusual conditions of title are encountered, when special risks are insured against, or when special services are requested.
Some states tend to expect the buyer to cover the expenses during closing, though variation can exist even within the state, with some counties customarily requiring the seller pay for title fees. In some places, the seller might pay for the owner’s title insurance policy, while the buyer pays for the lender’s title insurance premium. The purchaser of real estate needs protection against serious financial loss due to a defect in the title to the property purchased. Owner’s policy and loan policy are to be issued Our florida title insurance rates are competitive within the marketplace, and we invite you to try our rate calculator to see what your preferred product may cost. Use this calculator to estimate the title insurance, endorsements, and title fees offered by network closing services for both the buyer and seller based on the specified sales price and loan amount entered. Whether you already have a general idea of the service you require or you want to consult our personable team members, we’ll make sure your needs are met.
Our simple-to-use design allows you to get the title rate information you need – when you need it. For a home selling at the state’s median sales price of $275,000, with a 6% average Florida real estate commission, you’d be paying $16,500 in commission. While it may seem counterintuitive to even consider paying for the buyer’s closing costs, helping out the buyer can actually work to your benefit. To figure out an estimate of the amount you’ll pay, simply multiply the price of your home by the typical closing cost percentage of 5% to 10%. It’s good to note however, that even though you may avoid the bulk of closing costs, you as the seller will still have to cover realtor commission costs which can add on as much as 6%. However, with lawyer title agents, all work may be done “in-house”, a benefit that can be passed down to the parties of a transaction by the way of reduced costs and speedier results.
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Jammu and Kashmir police, Wednesday, solved the mysterious death of a gym trainer who was found hanging from the ceiling of building near his gym in Azad Gunj area of north Kashmir’s Baramulla district in December last year.
A police spokesman said Azam Nazir Khan(25) had committed suicide after breaking up with girlfriend from Rajasthan.
“It was revealed during the course of investigation that the deceased was in relationship with a girl (name withheld) from Rajasthan and the couple had recently parted way which the deceased was unable to come to terms with. Unable to bear the shock as an extreme measure, he hanged himself,” he said.
He said the electronic, circumstantial, medical and forensic evidence also established the hanging by rope. “Also the statements of witnesses who had knowledge of the circumstances and events thereof, recorded before the Hon’ble court substantiated the same,” said the spokesman.
He said the injuries in eye and ear were also established by medical and forensic experts to have been inflicted after the death, most likely by rodents. “Accordingly, the matter has been closed as a case of suicide,” the spokesman added.
Azam Nazir Khan, a 25-year-old gym trainer reported missing from Baramulla since December 13, was found hanging from a ceiling in Azad Gunj area of the north Kashmir district five days later on December, police had said.
A spokesman said that Azam was reported missing by his father Nazir Ahmad Khan son of Fareed Ahmad Khan of Arunbua Boniyar, Uri.
Azam, he said, worked as a fitness trainer at a local gym (Hulk Gym center) in Azad Gunj area of Baramulla
The youth’s death triggered protests in his hometown Uri as friends and kin alleged that he was murdered.
Following the protests, the police had set up a special investigation team to probe his death.
Azam’s sister, in a viral video, had accused the state police of “shielding” the alleged murderers of her brother.
In a video which went viral on social media in December last year, a girl who appears to be in her mid-twenties alleged that the police are hand-in-glove with the killers of her brother.
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Starting Saturday, August 1. Here are some key point you need to know…
FACE COVERING REQUIRED.
Every individual, age five and older, in Wisconsin shall wear a face covering if both of the following apply:
a. The individual is indoors or in an enclosed space, other than at a private residence; and;
b. Another person or persons who are not members of individual’s household or living unit are present in the same room or enclosed space.
Face coverings are strongly recommended in all other settings, including outdoors when it is not possible to maintain physical distancing.
a. “Enclosed space” means a confined space open to the public where individuals congregate, including but not limited to outdoor bars, outdoor restaurants, taxis, public traI’).sit, ride-share vehicles, and outdoor park structures.
b. “Face covering” means a piece of cloth or other material that is worn to cover the nose and mouth completely. A “face covering” includes but is not limited to a bandana, a cloth face mask, a disposable or paper mask, a neck gaiter, or a religious face covering. A “face covering” does not include face shields, mesh masks, masks with holes or openings, or masks with vents.
c. “Physical distancing” means maintaining at least six feet of distance from other individuals who are not members ofyour household or living unit.
This order is enforceable by civil forfeiture of not more than $200.
This means we will all have to wear face covers when we practice at the school. Face shields are not an approved face covering, 🙁
Here is a link to the full declaration…
Masters Bob & Audrey Perk
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A person accused of committing a sex crime has the right to a fair trial which includes the right to be represented by an attorney. A defendant who is charged with a sex crime is afforded the right to an attorney even if he or she does not have sufficient funds to hire an attorney, in which case one will be appointed. Even though a defendant may not choose an appointed attorney, the attorney still has an obligation to provide a thorough defense, and attorneys that have conflicts of interest must recuse themselves from representing the defendants they have been appointed to represent. A Florida appellate court recently discussed what constitutes a conflict of interest in a sex crime case. If you live in Clearwater and are accused of committing a sex crime you should meet with a trusted Clearwater sex crime defense attorney to discuss the facts of your case and your available defenses.
The Charges Against the Defendant
Allegedly, the defendant approached his victim while she was walking in her neighborhood, held a knife to her neck, and raped her. The victim went to the hospital where medical professionals examined her and gathered evidence that matched the defendant. The defendant was charged with sexual battery with a deadly weapon. He was found guilty following a jury trial, after which he appealed.
What Constitutes an Actual Conflict of Interest
In his appeal, the defendant argued, in part, that he was denied his Sixth Amendment right to representation of counsel without conflict. Specifically, he argued that because it was discovered during the trial that his attorney was employed by the Office of Criminal Conflict and Civil Regional Counsel (OCCCRC), and another attorney employed by OCCCRC was representing the victim in another matter. Upon learning this information, the judge placed the defendant under oath and asked whether he wished to waive any possible conflict, to which the defendant replied yes. The judge commented that no actual conflict had arisen but found that the defendant had knowingly and freely waived any potential conflict.
Continue Reading ›
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Even the simplest trust will keep an estate out of probate. While most trusts come with similar guidelines and limitations, there are a few exceptions. Totten trusts, for instance, aren’t really trusts in the strictest sense. Rather, they’re POD or payable-on-death accounts that transfer money directly to heirs once the owner passes away. In this guide, readers will learn about totten trusts, their benefits, and their exclusions.
The totten trust is named after a court decision from more than a century ago. Back in 1904, New York’s courts ruled that individuals could establish trusts based on bank accounts. These trusts have designated heirs, who will receive the account’s proceeds upon the owner’s death.
When totten trusts are established, the trustee—who is usually the person who opened the account—maintains control of the account’s funds and can cancel the trust at any time. After the owner’s passing, the funds are transferred directly to the chosen heir.
Benefits of a Totten Trust
While totten trusts aren’t like other trusts, they’re commonly used because they make it easier to transfer money to heirs. Setting up such a trust is straightforward and simple, and your estate may benefit if you wish to pass a substantial amount of cash to a beneficiary. When these trusts are included in an overall estate plan, they can spare families the hassle and frustration of probate.
When money is bequeathed to someone in a will, it must first go through probate. Totten trusts, conversely, allow for the easier transfer of wealth without the court’s intervention. Many estate holders use totten trusts and similar instruments to keep their cases out of probate.
The state’s probate process is challenging. Not only is it hard for a grieving family to go to court, but it is also expensive. A probated estate may be disputed by estranged and disinherited relatives, and everything that happens during these cases becomes part of the public record. These and other reasons are why so many people are using totten trusts to plan their estates and help their families avoid the hassle of probate.
Things to Consider About Totten Trusts
Unlike other revocable trusts, only cash can be deposited into a totten trust. If you own significant non-cash assets, using such a trust won’t keep your estate out of court. For those whose estates include investment portfolios, valuable possessions, and property, it may be best to establish a revocable living trust instead.
How to Set Up a Totten Trust
Totten trusts are beneficial, especially for those with substantial cash reserves. Estate plans will typically benefit from the use of these trust, but they’re only part of a comprehensive plan. An estate planning lawyer can help build a plan that keeps your family out of probate while minimizing tax liability and giving you greater control over how assets are used.
If you’re interested in opening a totten trust account, contact a New York estate planning lawyer today.
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All businesses need someone to counsel them through legal matters. When it comes to legal services, we know just how difficult it can be to understand everything perfectly. All it takes is just one thing going wrong, and then suddenly you’re finding yourself in trouble that you aren't even confident you fully understand. We know the deal!
Business owners need someone who they can trust. That is why we at James A. Satcher Jr. PC, are dedicated to providing you with the best legal services possible. When things go awry, leave it to us! We will work around the clock to resolve whatever issue you have come across. It's our duty to earn your trust.
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Letter: Who should pay for the primary election?
All taxpayers of South Dakota pay for the primary election. It only would make sense that all voters would be allowed to vote. This is not the case. If you look at this year’s primary election ballot, it is only members of the Republican party that are allowed to vote in all but one instance. Independents are shut out and there are not any Democrat challenges. If it is a state sponsored ballot paid for by the citizens, all citizens should be allowed to vote. If not, then the individual parties should pay for their own elections or do it at their state conventions.
All vote, all pay – or no vote, no pay.
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H. B. 2370
(By Delegates Flanigan and Wright)
[Introduced January 25, 1999; referred to the
Committee on Education.]
A BILL to amend and reenact section nine, article two, chapter
eighteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to requiring that
government and civics instruction in schools include
instruction on voter education and the importance of civic
leadership and participation in the democratic process.
Be it enacted by the Legislature of West Virginia:
That section nine, article two, chapter eighteen of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-9. Required courses of instruction; violation and
(a) In all public, private, parochial and denominational
schools located within this state there shall be given prior to the completion of the eighth grade at least one year of
instruction in the history of the state of West Virginia. Such
schools shall require regular courses of instruction by the
completion of the twelfth grade in the history of the United
States, in civics, in the constitution of the United States, and
in the government of the state of West Virginia for the purpose
of teaching, fostering and perpetuating the ideals, principles
and spirit of political and economic democracy in America and
increasing the knowledge of the organization and machinery of the
government of the United States and of the state of West
Virginia. This civics and government instruction shall include
an emphasis on voter education and the importance of civic
leadership and participation in the democratic process. The
state board of education shall, with the advice of the state
superintendent of schools, prescribe the courses of study
covering these subjects for the public schools. It shall be the
duty of the officials or boards having authority over the
respective private, parochial and denominational schools to
prescribe courses of study for the schools under their control
and supervision similar to those required for the public schools.
To further such study, every high school student eligible by age
for voter registration shall be afforded the opportunity to
register to vote pursuant to section twenty-two, article two,
chapter three of this code.
(b) The state board of education shall cause to be taught in
all of the public schools of this state the subject of health
education, including instruction in any of the grades six through
deemed considered appropriate by the county board, on:
(1) The prevention, transmission and spread of acquired immune
deficiency syndrome and other sexually transmitted diseases; and
(2) substance abuse, including the nature of alcoholic drinks and
narcotics, tobacco products and other potentially harmful drugs,
with special instruction as to their effect upon the human system
and upon society in general. The course curriculum requirements
and materials for such instruction shall be adopted by the state
board by rule in consultation with the department of health
bureau of public health.
An opportunity shall be afforded to the parent or guardian
of a child subject to instruction in the prevention, transmission
and spread of acquired immune deficiency syndrome and other
sexually transmitted diseases to examine the course curriculum
requirements and materials to be used in
such the instruction.
The parent or guardian may exempt such any child from
participation in such instruction by giving notice to that effect
in writing to the school principal.
(c) Any person violating the provisions of this section
shall be guilty of a misdemeanor and, upon conviction thereof,
shall be fined not exceeding ten dollars for each violation, and each week during which there is a violation shall constitute a
separate offense. If the person so convicted occupy a position
in connection with the public schools, that person shall
automatically be removed from such position and shall be
ineligible for reappointment to that or a similar position for
the period of one year.
NOTE: The purpose of this bill is to require that
government and civics instruction in schools include instruction
on voter education and the importance of civic leadership and
participation in the democratic process.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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For most of American history, laws had forgettable names that described their intentions. A comprehensive survey by Cleveland State law professor Chris Sagers found just three laws prior to 1988 with names that were clever or cute rather than descriptive.
Then all acronymic hell broke loose with acts like CAN-SPAM, FACT, HOPE, LIFE, and PREEMIE (Prematurity Research Expansion and Education for Mothers who deliver Infants Early). The idea was to make the name memorable while still capturing its essence, no matter how convolutedly.
At some point, probably during a late-night session trying to name an unpalatable bill, some anonymous Hill staffer presumably had an idea: Name the bill its opposite.
Republican controlled state legislatures across the country have spent most of 2021 passing new “election integrity” or “election security” laws. They are not actually intended to keep elections secure from voter fraud, since such fraud is already extremely rare. What these laws are intended to do is to meaningfully reduce voter turnout in specific populations which are more likely to vote for Democrats. Election integrity laws are typically associated with voter ID requirements, limitations on voting by mail, and a reduction in early voting days.
Voting rights groups have said that new legislation in Georgia targets Black voters. A voter ID law was recently struck down in North Carolina after two of three panel judges reviewing the legislation claimed the law targeted Black voters. In their court order, Superior Court Judges Michael O’Foghludha and Vince Rozier wrote that the law “was motivated at least in part by an unconstitutional intent to target African American voters.” According to the Brennan Center for Justice, 19 states have passed a total of 33 laws in 2021 which make it harder for their residents to vote.
Election integrity laws are deeply intertwined with former President Trump’s baseless claims of election fraud. The former President has consistently claimed that voter fraud was occurring in majority Black areas that voted heavily Democratic. The implicit claim being made by Trump is that these voters are fundamentally illegitimate political actors, and that they should not be able to influence the political process. Trump’s claims have also fueled Republican challenges to election results. In Arizona, the legislature funded a partisan audit of the state’s election results. In Georgia, the Republican led legislature authorized multiple recounts. Republican lawmakers have even called for audits in states which Trump won, such as Utah.
Democrats have long called election integrity laws by another name: voter suppression laws. Democrats claim that these laws are solely intended to limit the scope of the electorate to be more favorable to Republicans. Republicans have been passing these types of laws at the state level for decades. The difference is that the former President is pushing for even harsher restrictions, and pushing for Republicans to challenge the results of unfavorable electoral outcomes after the fact. The result is a Republican Party that is less tethered to reality. Republican investigations into voter fraud have consistently yielded no results. This hasn’t stopped the calls for new restrictions on voting after elections where Republicans do poorly.
Ultimately, election integrity laws are a direct threat to the voting rights of marginalized groups. These groups have fewer resources and little legal recourse to fight back against these forms of legislation. The intensity of the voter fraud claims and the new pushes to audit vote counts after elections also directly threatens the political voice of racial minorities living in red states.
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Another federal judge has overruled the Trump administration's efforts to end a popular immigration program -- this time saying the government has to accept new applications.
After spending nearly five months incarcerated after a controversial sentence for violating probation, the Philadelphia rapper was out and en route to a basketball game on Tuesday evening. The Pennsylvania Supreme Court ordered an immediate release for Mill earlier in the day, directing the judge to release him on "unsecured bail."
Singapore to New York, nonstop. Almost 20 hours in the air. By the end of this year, passengers on Singapore Airline's newest plane, the Airbus A350-900ULR -- for Ultra Long-Range -- will travel on a record-breaking, globe-spanning flight that will reconnect the two major metropolises.
When President Donald Trump and first lady Melania Trump arrived on the White House South Lawn Tuesday morning to formally welcome French President Emmanuel Macron and his wife, Brigitte, one thing was clear: The first lady commanded attention.
US President Donald Trump and his South Korean counterpart, Moon Jae-in, will likely hold their own summit ahead of Trump's historic meeting with North Korean leader Kim Jong Un.
Most of the attention at Wednesday's dramatic Supreme Court hearing will center on President Donald Trump's travel ban, but a second major legal issue lurks in the case that could affect future White House occupants as well: the propriety of federal courts issuing nationwide injunctions that can bring a president's policy goals to a screeching halt.
French President Emmanuel Macron and US President Donald Trump have indicated they want to aim for a new deal to curb Iran's regional ambitions and ballistic missiles program that would run alongside the existing international nuclear pact.
A Indian court has sentenced self-proclaimed Indian spiritual guru Asaram Bapu to life imprisonment for raping a 16-year-old girl in 2013.
US intelligence is monitoring a series of cargo flights from Iran into Syria that the US suspects may be carrying weapons systems into Syria for potential use by Bashar al-Assad's regime or Iranian forces, CNN has learned.
1. Facebook faces Wall Street: Mark Zuckerberg survived 10 hours of grilling by nearly 100 members of Congress this month. Now, Facebook's CEO must confront a group that could actually punish his company in the short-term: investors.
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SEC Approves Nasdaq Plan To Raise Reg A+ Standards
By Tom Zanki (July 1, 2019, 8:57 PM EDT) -- The U.S. Securities and Exchange Commission on Friday approved a Nasdaq proposal requiring companies that go public using so-called Reg A+ offerings to have at least two years' operating history, an attempt to raise listing standards following several setbacks involving such offerings.
The SEC said Nasdaq's plan to require two years' operating history may help assure that such companies are "more seasoned" and "ready for the rigors of being a public exchange-listed company." Nasdaq's new rule takes effect within 30 days.
"The Commission notes that, as Nasdaq stated in its proposal, the additional two-year operating history requirement can help to assure...
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This article needs additional citations for verification . (March 2018) (Learn how and when to remove this template message)
A charter township is a form of local government in the U.S. state of Michigan. Townships in Michigan are organized governments. A charter township has been granted a charter, which allows it certain rights and responsibilities of home rule that are generally intermediate between those of a city (a semi-autonomous jurisdiction in Michigan) and a village. Unless it is a home-rule village, the latter is subject to the authority of any township in which it is located.
Following World War II, suburbanization increased the population in many formerly outlying communities. In 1947, the state legislature created a special charter township status, which grants additional powers and streamlined administration in order to provide greater protection for townships against annexation of land by cities and villages. As of November 2014, there were 118 charter townships in Michigan (Alpena Township was chartered on February 26, 2018).A township with a population of 2,000 or more may incorporate as a charter township and become a municipal corporation. It possesses all the powers of a non-charter township, in addition to those specified by the Charter Township Act of 1947.
Legislative authority is exercised by an elected township board of seven members, consisting of the supervisor, the township clerk, the township treasurer, and four trustees. They must be residents of the township and eligible to vote in elections. All members of the board serve four-year terms. Unlike the boards for general law townships, which may have either five or seven members, a charter township must have seven members. If a general law township with a five-member board elects to become a charter township, two additional members are to be elected in the next general election.
Charter townships may appoint either a township superintendent or township manager, who can be assigned responsibilities for managing township functions. (This is comparable to cities that hire a city manager to oversee the day-to-day operations of the city). Otherwise, executive authority lies with the supervisor and various committees.
A charter township may establish a variety of municipal services, such as a police force, fire department, and assessors, and may also acquire property. It may borrow money and issue bonds, with the approval of a majority of township voters in an election. Similarly, a charter township cannot levy taxes without the approval of a majority of the township population voting in an election. This is one significant difference from home-rule municipalities, in which the municipal authority can levy taxes without specific approval from voters.
A charter township is mostly exempt from annexation from contiguous cities or villages providing that the township meets certain requirements:
A charter township may still be subject to annexation under certain conditions, such as for the purpose of eliminating isolated islands of township or by vote of a majority of the residents of a portion of township. Temporary land transfers, which can involve charter townships, have provision under Public Act 425 of 1984. Under this statute, a charter township, for example, can have land transferred to a city in exchange for revenue sharing of the transferred parcels. These agreements, known as 425 Agreements, can last up to 50 years, and the land can either be completely transferred to the city or returned to the township upon fulfillment of the agreement.
DeWitt Charter Township is a charter township of Clinton County in the U.S. state of Michigan. The population was 14,321 at the 2010 census, an increase from 12,143 in 2000.
Delta Charter Township, officially known as the Charter Township of Delta and commonly known as simply Delta Township, is a charter township of Eaton County in the U.S. state of Michigan. As of the 2010 census, it had a population of 32,408 making it the most populous municipality in Eaton County. The township operates its own fire department, but contracts with the Eaton County Sheriff Department for police protection. The township is a major community in metropolitan Lansing.
The Charter Township of Oakland is a charter township on the north Oakland County outskirts of Metro Detroit, in the U.S. state of Michigan. It is colloquially referred to as "Oakland Township". The population was 16,779 at the 2010 census.
A civil township is a widely used unit of local government in the United States that is subordinate to a county. The term town is used in New England, New York, and Wisconsin to refer to the equivalent of the civil township in these states. Specific responsibilities and the degree of autonomy vary based on each state. Civil townships are distinct from survey townships, but in states that have both, the boundaries often coincide and may completely geographically subdivide a county. The U.S. Census Bureau classifies civil townships as minor civil divisions. Currently, there are 20 states with civil townships.
The administrative divisions of New York are the various units of government that provide local services, "local" meaning "not statewide", in the State of New York.
A township in some states of the United States is a small geographic area.
A town council, village council or rural council is a form of local government for small municipalities.
Local government in the United States refers to governmental jurisdictions below the level of the state. Most states and territories have at least two tiers of local government: counties and municipalities. In some states, counties are divided into townships. There are several different types of jurisdictions at the municipal level, including the city, town, borough, and village. The types and nature of these municipal entities vary from state to state.
Massachusetts shares with the five other New England states a governmental structure known as the New England town. Only the southeastern third of the state has functioning county governments; in western, central, and northeastern Massachusetts, traditional county-level government was eliminated in the late 1990s. Generally speaking, there are four kinds of public school districts in Massachusetts: local schools, regional schools, vocational/technical schools, and charter schools.
The legislature of the State of Michigan enacted Public Act 425 of 1984 which is also known by the title Intergovernmental Conditional Transfer Of Property By Contract Act. It became effective March 29, 1985, and was subsequently amended in 1998. It is often simply referred to as “Act 425” and contractual agreements entered into pursuant to this statute are frequently called “425 Agreements.”
The government of Texas operates under the Constitution of Texas and consists of a unitary democratic state government operating under a presidential system that uses the Dillon Rule, as well as governments at the county and municipal levels.
The Home Rule City Act was enacted by the Michigan Legislature as Public Act 279 of 1909. This statute provides the framework by which a new city may become incorporated and provide for its own government by adopting a city charter. It also provides for the method by which an existing city may amend or revise its city charter.
The administrative divisions of Virginia are the areas into which the Commonwealth of Virginia, a U.S. state, is divided for political and administrative purposes. Some are local governments; others are not. However, all local governments are political subdivisions of the state.
The state of Michigan is largely divided in the same way as many other U.S. states, but is distinct in its usage of charter townships. Michigan ranks 13th among the fifty states in terms of the number of local governmental entities.
Hyde Park Township is a former civil township in Cook County, Illinois, United States that existed as a separate municipality from 1861 until 1889 when it was annexed into the city of Chicago. Its borders are Pershing Road on the north, State Street on the west, Lake Michigan and the Indiana state line on the east, and 138th Street and the Calumet River on the south. This region comprised much of what is now known as the South Side of Chicago.
The local government in Ukraine consists of two systems based on administrative divisions of Ukraine. There are 24 oblasts, the Autonomous Republic of Crimea, and two city councils with special status (regions), with each region further divided into raions (districts) and then hromadas.
Local government in Pennsylvania is government below the state level in Pennsylvania. There are six types of local governments listed in the Pennsylvania Constitution: county, township, borough, town, city, and school district. All of Pennsylvania is included in one of the state's 67 counties, which are in total subdivided into 2,561 municipalities. There are currently no independent cities or unincorporated territories within Pennsylvania.
Texas has a total of 254 counties, many cities, and numerous special districts, the most common of which is the independent school district.
The Michigan Townships Association (MTA) is a non-profit organization based in U.S. state of Michigan. It is one of the largest local government associations in the United States. The MTA was formed in 1953 and now claims nearly 99% of Michigan's 1,240 townships as members.
The administrative divisions of Ohio are counties, municipalities, townships, special districts and school districts.
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How does the party system affect the lawmaking process?
October 29, 2015
By Jeremy Quattlebaum, Student Voices staff writer
In George Washington’s farewell address as president, he warned of the rise of political parties. Fearing tyranny from the few, he said: “The alternate domination of one faction over another, sharpened by the spirit of revenge, natural to party dissension, which in different ages and countries has perpetrated the most horrid enormities, is itself a frightful despotism.”
And while political parties have not become a force of tyranny, as the first president warned, they have become integral to the political process. The two dominant political parties vet the candidates for most elected offices, help elected officials align with like-minded officials and show the power of unity and block voting.
They also have a hand in partisan gridlock, political races that get sidelined by one or two issues, unfairly drawn congressional districts, and pork barrel spending. While partisan politics occurs on nearly every level, most people point to Congress as the place where it isn’t always working best for the American public.
Does the party system impede the legislative powers of Congress?
Congress is responsible for passing bills that the president then signs into law or vetoes. The party system has a significant impact on this process. If the president and majority of Congress are from the same party, checks and balances may be limited. If the president and the majority of Congress are from different parties, then they may be in conflict over legislation and the legislative process is stymied.
The legislative process to get a bill to the president’s desk is quite complex, and in every step, the party system comes into play. First and foremost, party politics are influential in the selection of committee members and chairs.
When lawmakers want to introduce a bill, they put it in writing and give it to the clerk, who passes it to the committees that have jurisdiction over provisions in the bill. So if the bill was about financing a new road with a new tax, it would go to the Transportation Committee and the Ways and Means Committee, which has oversight of taxes. Committees are where the fate of legislation is decided. The committee chairs decide which bills are reviewed. If they don’t like a particular bill, they can simply not bring it up for debate and a vote, essentially killing it.
Given all their power over how bills are introduced, how are committee members and the chair selected?
The parties decide committee membership. Each party creates a committee to recommend who will represent the party on the different committees. At the beginning of every new Congress, lawmakers indicate to party leaders which committee they would like to sit on, then the party leaders come together and decide on committee members. There is a formal vote, and the committees’ membership is finalized during the opening days of each new legislative year.
Parties use seniority, meaning the length of time a legislator has served in Congress and on a particular committee, to determine who sits on the committee and who will chair it.
Another factor in deciding committee membership is whether a legislator follows the party line or breaks with the party on issues. Lawmakers who are considered “team players” for the party will probably sit on more influential committees. If the lawmaker is more independent of the party, then he or she will probably not sit on many committees and the likelihood of becoming a chair is unlikely.
In the Senate, the Republican Party has attempted to weaken the effects of seniority by instituting term limits for committee chairs. The GOP policy, adopted in 1994, limits committee chairmanship to three terms. Its supporters argue that it keeps committee memberships dynamic and allows new ideas to enter into the legislative process. The policy also takes effect when the GOP isn’t in the majority in the Senate and Republicans fill the minority chair of committees.
A growing number of Democrats have begun advocating for a similar policy. Some have even praised the Republicans’ term limits. “A number of people would say Republicans have struck a better formula for advancement,” said Rep. John Larson of Connecticut. “And I don’t think it’s a bad thing for leadership at all. I mean, it’s verboten to say it, but it’s true, and I think even our current leaders would recognize it, all of whom I support.”
Opponents of term limits from both parties are often senior leaders whose time as committee chair is dwindling. Mainly critical that the term limits apply to minority chairs, they argue that the limits restrict a good legislator’s service.
“Don’t ask me to do a good job in the minority and make a rule that says you can’t continue to do a good job as chairman,” Texas Rep. Joe Barton said. Barton said the term limits are counterproductive by forcing leadership changes when they aren’t necessary and taking power away from ranking representatives who have more insight to the legislative process than more junior members.
Proponents of seniority and the party system’s influence on the legislative process say that the complex nature of Congress leads to more experienced lawmakers accumulating power. Learning how Congress works, developing relationships with other members, and learning the intricacies of the legislative process take time, proponents say.
What do you think?
Does the party system affect the lawmaking process in a negative or positive way? Does seniority help or hurt the legislative process? Should there be term limits on committee chairmanship? Was Washington’s fear of political parties justified? Join the discussion and let us know what you think!
Join the Discussion
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President Rodrigo Duterte (Presidential photo)
MANILA – The prices of drugs and medicines used to address the leading causes of morbidity in the country will now be regulated to ensure that these will remain affordable, according to a new executive order (EO) signed by President Rodrigo Duterte.
EO 155, signed by Duterte on Tuesday, sets the maximum retail price (MRP) and/or maximum wholesale price (MWP) on 34 drug molecules or 71 drug formulas used in agents affecting bone metabolism, analgesics, anesthetics, anti-angina, antiarrhythmics, anti-asthma and chronic obstructive pulmonary disease medicines, antibiotics, anticoagulants, anticonvulsants, antidiabetic drugs, antidiuretics, and antiemetics.
Also covered by the EO are drug molecules and formulas utilized in anti-glaucoma, anti-hypercholesterolemia medicines, antihypertensive medicines, anti-neoplastic/anti-cancer medicines, antiparkinsons drugs, drugs for overactive bladders, growth hormone inhibitors, immunosuppressant drugs, iron chelating agents, and psoriasis, seborrhea, and ichthyosis medicines.
"After conducting a price review using the methods of international reference pricing among ASEAN countries, mark-up regulation, and stakeholders' consultation, the TWG [Technical Working Group] recommended, and the DOH [Department of Health] endorsed the imposition of MPR and MWP on the remaining drug formulas of selected drugs and medicines,” the EO read.
"Consistent with the overall strategy under RA (Republic Act) No. 11223 or the "Universal Health Care Act," to improve the access to affordable and quality medicines and reduce health-related out-of-pocket expenses of Filipinos, there is a need to further impose MRP and MWP on other drugs and medicines commonly used for the leading causes of morbidity in the country," it added.
Under EO 155, manufacturers, importers, distributors, wholesalers, traders, or retailer of a drug/medicine are required to label MRP drugs and medicines.
"Every manufacturer, importer, distributor, wholesaler, trader or retailer of a drug/medicine intended for sale shall display the retail price which shall not exceed the MRP. The MRP, preceded by the words "RETAIL PRICE NOT TO EXCEED", and "UNDER DRUG PRICE REGULATION", on a red strip, shall be clearly printed on the label of the immediate container of the drug and medicine and the minimum pack thereof offered for retail. The labeling shall also be applied to drug formulas or medicines under MRP through EO No. 104," the EO further read.
EO 104 created the TWG composed of representatives from the DOH and the Department of Trade and Industry (DTI) for the purpose of reviewing, in consultation with stakeholders, the prices of other drug molecules or drug formulas.
The list of medicines and their corresponding MRPs and/or MWPs, and those covered by EO No. 104, shall be subject to review of the DOH, in consultation with the DTI, six months after the effectivity of this order, and every six months thereafter.
The DOH, in consultation with relevant government agencies, including the DTI and the Philippine Competition Commission, is directed to study and propose measures, including, but not limited to pooled procurement, price negotiation and other mechanisms, which will influence the supply, demand, and expenditure on drugs and medicines, in accordance with RA 9502, and other relevant laws and regulations.
RA 9502 or the "Universally Accessible Cheaper and Quality Medicines Act of 2008" declares it a policy of the State to protect public health and, when public interest or circumstances of extreme urgency so require, to adopt appropriate measures to promote and ensure access to affordable quality drugs and medicines for all.
The DOH shall formulate guidelines for the effective implementation of this Order.
The Presidential Communications Operations Office is directed to provide the necessary support and assistance to the DOH for the dissemination of information relative to this Order.
All other government agencies and instrumentalities including government-owned or controlled corporations, government financial institutions, and state colleges and universities, are hereby directed to provide the necessary support to the DOH in the information dissemination, enforcement, and implementation of the order.
Any violation of the order shall be dealt with in accordance with RA 9502, and other related laws.
Pursuant to Section 19 of RA 9502, the Secretary of Health is directed to investigate alleged violations of the MRP and/or MWP under this order, impose administrative fines and penalties, and call upon and deputize government entities for assistance necessary to carry out the purpose of this order.
Under Section 19 (D) of RA 9502, the Secretary of Health has the power to impose administrative fines of not less than PHP50,000 nor more than PHP5 million.
With a non-extendable period of 90 days from the effectivity of the order, existing inventory stock shall be disposed of at prevailing prices. Thereafter, regardless of the status of the existing stock, the MRP and/or MWP under the order shall be strictly implemented.
Below is the list of MRP/MWPs on 34 drug molecules or 71 drug formulas:
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Wonderland and Southdale Superstore banned from selling tobacco
smoking, cigarette smoking, cigarette, generic
A London grocery store at 3040 Wonderland Road South is banned from selling tobacco products for the next six months.
The Middlesex-London Health Unit handed the prohibition notice to a Loblaws Superstore that can't sell or store any form of tobacco until May 25th, 2014.
Automatic prohibition orders are issued to retailers convicted multiple times within five years of selling tobacco products to people under the age of 19.
The store operators must also post signs in the store notifying the public of the prohibition.
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The war over interchange between merchants and the payments industry continues. That's not surprising with tens of billions of dollars being allocated by Washington rather than the market in question.
On October 12 Congressmen Jason Chaffetz (R-Utah) and Bill Owens (D-NY) introduced the Consumer Debit Card Protection Act, which would repeal the Durbin Interchange Amendment and restore the debit-network pricing and routing decisions to the free market. However, for the bill to have a fighting chance, the consequences of Durbin's debit price controls need to be painful and visible.
Merchants fired the latest salvo in the ongoing conflict. On November 22 they sued the Federal Reserve Board, charging it didn't faithfully implement the Durbin Interchange Amendment.
They have a reasonable argument.
Senator Durbin's legislation was intended to destroy debit-card interchange and eliminate or significantly reduce debit-network fees paid by merchants.
A literal reading of the law's text suggested: (1) a debit-interchange price cap near zero – certainly not more than a nickel, (2) merchants would choose debit routing between at least two networks for each transaction giving them a powerful tool to ratchet down interchange and network fees, and (3) general-purpose – all, not just open, debit networks would be covered.
The Fed however muted its destructive impact, providing recovery of issuer costs well beyond what Congress intended. Eminent constitutional scholar and former TCF Financial attorney Richard Epstein characterized it thusly: "For the Fed to allow $.24 cents in the teeth of this language was an act of calculated mercy." Indeed, but the Fed's job is not to mete out mercy, but rather to implement instructions from Congress — no matter how destructive.
Courts afford regulators latitude implementing legislation, but retailers have a righteous argument the Fed ignored Congress's intent because it, correctly, believed abiding by it would harm banks — banks already battered by the financial crisis and the rest of Dodd-Frank. But, in the long run the danger of regulators eviscerating bad laws is greater than that of implementing them.
If an industry or voters believe a law bad they can pressure Congress to change it. To be motivated to act Congress needs to feel the heat from banks, networks and most importantly from voting consumers.
Bank of America's plan for a $5 per month debit card fee created a propitious environment for Chaffetz and Owens to introduce their repeal bill. But the new debit fees proposed by B of A, Wells Fargo, Suntrust, Chase, Regions et al. provoked a firestorm and banks beat a swift retreat. While understandable, it lessened pressure on Congress to repair the damage it has done.
The cosponsorship of the bill by representatives including hyper-partisan DNC chairwoman Debbie Wasserman-Schultz (D-Fla.) and right-wing heartthrob Tom McClintock (R-Calif.) highlights the repeal's support across the political spectrum.
Congress has a lot on the plate. The issue needs to stay in the public eye to keep repeal pressure on Washington.
Banks throwing in the towel on new fees and the Fed's gutting the Durbin Interchange Amendment make repeal less likely.
Perversely, if the merchants' suit is successful, Durbin's impact will be much more painful for the payments industry and consumers, which might bolster the prospects of a repeal.
Eric Grover is a partner at Intrepid Ventures in Minden, Nevada.
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Is it illegal to not give back deposit?
Is it illegal to not give back deposit?
Your Landlord is legally obligated to return your deposit within 10 days of you both agreeing how much you’ll get back (after the tenancy has ended, of course). Objectively speaking, he doesn’t have a legal leg to stand on- so it’s in his best interest to make sure he returns the deposit.
What should I do if there is a hold on my deposit?
If there is a hold on your deposit, the bank should provide you with the release date on your receipt. In some cases, they add a hold later (and mail you a notice), so it’s wise to check your account balance before spending if you’re running low on funds.
Why was the$ 10, 000 deposit threshold created?
The $10,000 threshold was created as part of the Bank Secrecy Act, passed by Congress in 1970, and adjusted with the Patriot Act in 2002. The law is an effort to curb money laundering and other illegal activities.
What happens if you deposit over$ 10, 000 in a bank?
The Law Behind Bank Deposits Over $10,000. It states that banks must report any deposits (and withdrawals, for that matter) that they receive over $10,000 to the Internal Revenue Service. For this, they’ll fill out IRS Form 8300. This begins the process of Currency Transaction Reporting (CTR).
When do you get your money back after making a deposit?
Whenever you make a deposit and you want to use the money soon, ask your bank when your funds will be available. Next business day deposits: Most banks say that they “generally” make funds available on the business day after you make a deposit, but there are exceptions.
How do I get my deposit back from my landlord?
You’ll need to contact your landlord at the end of your tenancy and ask them for your deposit. If your home is managed by a letting agency, you’ll need to contact them instead. It’s best to write or email when you ask for your deposit back – if you do, you’ll have a record of when you asked for it.
Can a landlord withhold a deposit?
Your landlord can’t take unreasonable amounts of money from your deposit. They should tell you why they’re taking money off – if they don’t, ask them. If you’re not sure if your deposit is protected, or you don’t know what scheme your money is in, find out how to check your landlord has protected your deposit.
What should I do if my Landlord wont give me my deposit back?
Nowhere on my statement. What can I do if he keeps claiming he’s paid it? Your Landlord is legally obligated to return your deposit within 10 days of you both agreeing how much you’ll get back (after the tenancy has been ended, of course).
What happens if I don’t get my deposit back?
If you don’t win you will lose this money. If you win, the court will order your landlord to pay your claim. If your landlord doesn’t pay up, the court will advise you on any further action it may be possible to take. If you lose the case there may be nothing more you can do to get your deposit back. Your court fees will not be refunded.
Can a court order a landlord to pay a deposit?
The court may also order the landlord to pay you up to 3 times the deposit within 14 days of making the order. The court may decide that you won’t have to leave the property when the tenancy ends if your landlord hasn’t used a TDP scheme when they should have.
When does a landlord have to protect a deposit?
Since 6th April 2007, if a tenant pays a deposit for an assured shorthold tenancy in England or Wales, the landlord or letting agent must protect the deposit into a Government-backed tenancy deposit scheme.
Can my Landlord refuse to give me my deposit back?
If Problems Arise. If your landlord refuses to give your security deposit back, fails to give the deposit back within the time set by law, or if you dispute charges that your landlord deducted from the deposit, the first step to resolving the issue is to contact the landlord (or his/her agent).
What to do if Landlord doesnt refund deposit?
- and you believe your refund
- Request Mediation.
- File a Lawsuit.
What happens if Landlord does not return security deposit?
If a landlord does not return your security deposit, or they do not give you a written account of why they are withholding your security deposit, it may be possible to sue them to recover it. Many states have statutes that allow a tenant to sue a landlord in this situation.
Why do landlords do not return security deposits?
Sometimes, landlords do not give security deposits back due to tenant behaviors such as not paying the final month’s rent (wanting to use the security deposit in lieu of that instead) or giving insufficient move-out notice as the lease requires. The landlord also might not return the deposit due to severe damage to the property.
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The goal of this paper is to provide an accurate grounding-based formulation of positivism in the philosophy of law. I start off by discussing some simple formulations, based on the ideas that social facts are always either full or partial grounds of legal facts. I then raise a number of objections against these definitions: the full grounding proposal rules out possibilities that are compatible with positivism; the partial grounding proposal fails, on its own, to vindicate the distinctive role that is played by social facts within positivist accounts of law. Then, I present a more adequate and insightful formulation capable of solving their problems, which crucially relies on a robust notion of a social enabler. Finally, I model inclusive and exclusive positivism on the resulting template, and set out the advantages of the ground-enablers proposal.
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Police in Texas have arrested a police officer for the death of his brother and his wife, who police say were shot during an argument in their home on Friday.
The officers, who were responding to a call about a man in a nearby yard, said they saw the suspect in a yard and that he was wielding a weapon.
The two men were inside the home with a woman and two children, and the officer said he heard the gunshots, the department said.
The officers returned fire, and they say the suspect fled the scene.
A woman, whose husband died at the scene, was shot in the chest and taken to the hospital.
She was listed in critical condition, police said.
The suspect was arrested and charged with three counts of aggravated assault on a peace officer and four counts of malicious wounding.
He is being held on $500,000 bond.
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OPINION BY MR. CHIEF JUSTICE BELL, December 20, 1971:
On July 15, 1966, Lucy T. Husvar was found dead in her apartment in Bristol, Bucks County. Appellant Francis Lynn Tomlinson, Jr. was arrested and indicted for the murder, as well as for rape, arson, burglary, robbery by violence, robbery, larceny and receiving
We shall set forth the evidence, including appellant's own testimony, which established the sordid facts in this case. On the afternoon of July 15, 1966, Lucy T. Husvar left her place of employment at approximately 4 o'clock and purchased some groceries and Salem cigarettes at a local grocery store. At approximately 8:15 that evening, a long-time friend called at the victim's home, and after receiving no response to his knock at the front door, went to the rear of the house where he observed smoke coming through a basement window. He alerted the neighbors and a fire alarm was sounded. Several of the neighbors broke the locked door at the front of the building and went to the cellar steps, where they saw "a ball of flame" coming from the bottom of the cellar steps. They doused the flame with water and immediately discovered that the flame and smoke had emanated from a pillow which had been placed over the face and head of the deceased victim at the bottom of the cellar steps.
The police investigation revealed that the victim's nude body was found at the bottom of the cellar steps with her pedal pushers and panties around her right ankle. The victim's house and car keys were found on the basement floor by the side of her body and her handbag, with the wallet missing, was found on a kitchen chair. Large quantities of blood were found on the landing at the top of the cellar stairs, and blood and hair samples were present on the baseboards. Blood was also present on each of the stair treads, indicating that the body had collapsed on the landing
The Philadelphia Medical Examiner testified that there were at least ten deep wounds around the head and face and burned tissue on the upper chest and shoulders. Seminal fluid was found in the area of the vagina and thigh. The cause of death, according to the Medical Examiner, was severe head injuries, with contributing smoke inhalation.
A witness identified appellant walking a short distance in the direction of the victim's house shortly after 8 P.M. on the night of the murder. Four other witnesses, including a Catholic priest and a Bristol Township detective, saw and talked with appellant near the scene of the crime between 8:40 P.M. and 9 o'clock P.M. All of these witnesses described appellant as being "quite cool," and not nervous when he identified himself to the four witnesses as the victim's handyman.
At approximately 1:45 A.M., two police officers went to appellant's apartment armed with an arrest warrant and a search warrant. Appellant opened the door after a knock and greeted the police officers with the words, "I've been expecting you." The police officers searched the apartment and their search revealed a shirt with bloodstains and burn marks, as well as trousers and shoes all bearing traces of blood. The bloodstains on the shirt and trousers were analyzed and found to be Type B blood, the same as that of the victim, whereas a blood sample taken from appellant revealed that his was Type A. Charred material was also found in scrapings taken from his shoes. A search of appellant's car revealed a pack of Salem cigarettes and a partly filled can of lighter fluid in the glove compartment.
At his trial, appellant, while (we repeat) represented by counsel, changed his plea to guilty, and then took the stand and gave a full statement under oath, which substantially corroborated his handwritten confession. He admitted entering the victim's house, striking the victim with a blackjack, taking the wallet and Salem cigarettes, and raping the victim at the bottom of the cellar stairs. He testified that he put a pillow over the victim's face and tried to suffocate her. Failing in this, he stated that he poured the lighter fluid on the pillow and set the pillow afire in an attempt to insure her death. He also testified that after having taken the money from the victim's wallet, he threw the empty wallet into the nearby Delaware Canal, where it was later found by the police.
Appellant raises three questions in this appeal: (1) was it error for the Court below to admit and consider certain incriminating statements and the written confession made by him in determining and finding first-degree murder beyond a reasonable doubt; (2) was there sufficient evidence to establish murder in the first degree if his incriminating statements and written confession were excluded; and (3) was it error to exclude expert psychiatric testimony on a guilty plea when the Court was considering not the penalty, but the degree of guilt.
In Commonwealth v. Commander, 436 Pa. 532, 260 A.2d 773, we set forth the well-settled test for sufficiency of evidence (page 538): "`It is hornbook law that the test of the sufficiency of the evidence — irrespective of whether it is direct or circumstantial, or both — is whether, accepting as true all the evidence and all reasonable inferences therefrom, upon which if believed the jury could properly have based its verdict, it is sufficient in law to prove beyond a reasonable doubt that the defendant is guilty of the crime or crimes of which he has been convicted. Commonwealth v. Finnie, 415 Pa. 166, 202 A.2d 85; Commonwealth v. Burns, 409 Pa. 619, 634, 187 A.2d 552; Commonwealth v. Kravitz, 400 Pa. 198, 161 A.2d 861; Commonwealth v. Williams, 432 Pa. 557, 248 A.2d 301 (1968).'" See also Commonwealth v. Frye, 433 Pa. 473, 252 A.2d 580.
The evidence to prove beyond a reasonable doubt appellant's commission of a willful, deliberate and premeditated murder, as well as a murder in the commission of a felony, was overwhelming. In addition to all the direct and circumstantial evidence hereinabove stated, appellant's own testimony on the witness stand, in which he testified to and admitted virtually all the facts contained in his written confession, proved him unquestionably guilty of first-degree murder.
Appellant next contends that the felony-murder rule should not apply if the intention to perpetrate the felony was not conceived until after the actual killing. There is no merit in this contention. This Court has several times decided that if a homicide occurs in the perpetration of or attempt to perpetrate a robbery or other statutorily-enumerated felonies, a conviction of murder in the first degree will be sustained regardless
Appellant's next contention is that psychiatric evidence is admissible, in the determination of the degree of guilt,
Appellant further contends that Pennsylvania's long-established M'Naghten test of insanity should be overruled or, in any event, that the testimony of psychiatrists as to the mental condition and/or insanity of a defendant should be admitted in determining guilt, and not restricted to admission and consideration in determining the penalty.
In Commonwealth v. Woodhouse, 401 Pa., supra, defendant was convicted by the jury of murder in the first degree and punishment fixed at life imprisonment. The only defense was insanity. Two psychiatrists testified for the defense that at the time of the killing and for
"It has been stated, reiterated and reaffirmed again and again. In Commonwealth v. Neill (1949), supra, Mr. Justice HORACE STERN, later Chief Justice, speaking for a unanimous court, said at 514: `. . . insanity within the legal meaning of that term, [is] inability, from disease of the mind,
". . .
"As late as March 16, 1959, Mr. Justice BELL speaking for this Court, said: `Defendant, as other defendants repeatedly have, asks us to reject or change the rule laid down in M'Naghten's Case, 8 Eng. Rep. 718, which was adopted as the law of Pennsylvania in Commonwealth v. Mosler, 4 Pa. 264. These cases established the so-called "right and wrong" test for insanity, when insanity is raised as a defense by a defendant. Defendant desires us to adopt some undefined psychiatric test. Once more, we refuse to do so. The M'Naghten case rule or "the right and wrong test" has been repeatedly reaffirmed by this Court. . . .': Commonwealth v. Novak, supra, at 210.
"If any rule of law is founded on long established precedent in Pennsylvania, this is it.
". . .
". . .
"`. . . If the question of what is a mental disease or defect is a psychiatric one, then the law has abdicated its function of determining criminal responsibility to the psychiatrist and the jury will have to accept the unopposed psychiatric view of mental disease or defect. The test will differ with the prevailing psychiatric winds of the moment': State v. Lucas, supra, at 68 (152 A. 2d)."
". . .
"The protection of society is our paramount concern.. . . Until some rule, other than `M'Naghten,' based on a firm foundation in scientific fact for effective operation in the protection and security of society, is forthcoming, we shall adhere to it. We shall not blindly follow the opinion of psychiatric and medical experts and substitute for a legal principle which has proven durable and practicable for decades, vague rules that provide no positive standards."
In Commonwealth v. Phelan, 427 Pa., supra,
In Commonwealth v. Ahearn, 421 Pa. 311, 218 A.2d 561, defendant, while represented by three lawyers, pleaded guilty to the murder indictment. He was found guilty of murder in the first degree and sentenced to life imprisonment. The Court, in an Opinion by Mr. Chief Justice BELL, joined in by three other members of the Court, said (pages 314-315, 319-320, 324-325): "We note at the outset that defendant did not take the witness stand; instead he relied upon the testimony of two psychiatrists and one psychologist who, in the last analysis, based their opinions to a large extent upon defendant's self-serving, unsworn, uncorroborated statements to them about his prior life and his actions and reactions, some of which are fantastic.
"The testimony of defendant's experts, if believed, would establish an irresistible impulse to violence in certain sexual situations. Psychiatric names or definitions vary or change almost as rapidly as `bridge conventions'; and the use of terms such as `irresistible impulse,' or `diminished responsibility', or `inability to control oneself', or `temporary partial insanity',
". . .
"In Commonwealth v. Melton, 406 Pa. 343, 178 A.2d 728, the Court aptly said (pages 349-350):
"`There is not the remotest merit to defendant's contention that because of his deficient mentality, the Court did not have the power to convict him of murder in the first degree.
"`In Commonwealth v. Smith, 405 Pa. 456, we sustained a verdict of guilty of murder in the first degree with penalty of death, even though defendant was a sexual psychopath. We there said (pages 459-460): "This Court has sustained a verdict of first degree murder with penalty of death where defendant allegedly had an irresistible impulse,
"Defendant in the instant case makes the same contentions as were made in the aforesaid cases, but instead of calling himself a mental defective or a sexual pervert, or some kind of a psychopath, or that he had an irresistible impulse, he contends that his is a case of `diminished responsibility.' By whatever name psychiatrists, or doctors or lawyers call it, an inability to control one's self under certain circumstances is legally insufficient to justify an acquittal of murder, or a reduction of a first degree murder killing to second degree.
". . .
"In Commonwealth v. Tyrrell, 405 Pa., supra, the Court sustained a verdict of first degree murder with penalty of life imprisonment and pertinently said (pages 219-221): `As a result Dr. Coleman determined that the defendant was psychotic since teen age and that he was so emotionally upset on March 7, 1960, that "he would react to an impulse to pick up a loaded shotgun resting at his elbow and fire it at his wife, and that at that time he had no intent to take his wife's life."
"`The doctrine of "irresistible impulse" or in the modern psychiatric vernacular "inability to control one's self", whether used to denote legal insanity, or
". . .
"We hold that the psychiatric testimony offered in this case is not admissible (1) to absolve or exculpate and acquit a defendant of crime, or (2) to prove a lack of specific intent to kill, and thereby prohibit a verdict of murder of the first degree. This has always been the law of Pennsylvania. Commonwealth v. Tyrrell, 405 Pa., supra. We further hold that since the Act of December 1, 1959, P.L. 1621, 18 P.S. § 4701, (popularly known as the Split Verdict Act), unless psychiatric testimony is introduced for the purpose of showing insanity under the M'Naghten Rule, (a) it is admissible only after guilt has been determined by a jury or Court, and (b) is relevant and admissible thereafter only for the limited purpose of aiding the jury or Court in fixing the penalty.
"In Commonwealth v. Elliott, 371 Pa. 70, 89 A.2d 782 (which was decided before the Split Verdict Act) the Court pertinently said (pages 75-76): `Defendant contends that because a criminal or murderer is a weak, unstable, aggressive, dangerous moron who is mentally deficient, the sentencing Judge or Court (1) must consider his record during his entire life and particularly reports of every psychologist and psychiatrist who has examined him, and (2) must be controlled
For all of the above reasons, we find no merit in any of appellant's contentions.
Judgment of sentence affirmed.
CONCURRING OPINION BY MR. JUSTICE BARBIERI:
I concur in the result reached by Chief Justice BELL, because I believe that unless the M'Naghten rule is discarded or amended (which neither the view of the majority, nor that of the dissent would require) the expert psychiatric testimony offered is properly excludable as irrelevant. In my view, therefore, the competency of such expert witness is not in issue.
DISSENTING OPINION BY MR. JUSTICE ROBERTS:
In sub silentio fashion the majority seeks to chain this Court to the distant past with respect to the admissibility of psychiatric evidence. As quoted in Commonwealth v. Rightnour, 435 Pa. 104, 253 A.2d 644 (1969): "`If a doctor were to bleed his patients with leeches today, or if a psychiatrist were to attribute insanity to the moon, the hue and cry would be tremendous. And yet instance after instance may be pointed out wherein the law has remained, sometimes for hundreds of years, curiously rigid, despite the changes in scientific opinion upon which the law was based. Many rules in the criminal law are still affected
The defendant contends that the trial court erred in excluding psychiatric evidence offered to prove that he was incapable of acting with deliberateness and premeditation required for guilt of murder in the first degree.
It should be noted that the last time our Court confronted this issue in Commonwealth v. Weinstein, supra, only one member of the Court explicitly affirmed the retention of the present rule. Two members of the Court concurred in the result, while three members of the Court urged that in light of progress made in the field of psychiatry we reject our archaic rule.
In ignoring the scientific advances that have been made in the field of psychiatry in the last few decades this Court finds itself opposed by almost all of the significant authorities.
The highly praised and influential Model Penal Code explicitly adopts the principle of diminished responsibility: "Evidence that the defendant suffered from a mental disease or defect is admissible whenever it is relevant to prove that the defendant did or did not have a state of mind which is an element of the offense." A.L.I. Model Penal Code § 4.02 (1) (proposed official draft 1962). The mere recitation of a dramatic shift of authority may not, by itself, be sufficient reason for this Court to relinquish its former
The anomalies inherent in maintaining the Ahearn rule bear articulation once more. The Legislature has created a distinction between first and second degree murder based on a determination of whether the defendant committed the slaying with premeditation. When a defendant pleads guilty to murder generally, as the defendant did in this case, the offense charged in the indictment is presumed to be murder in the second degree. Commonwealth v. Barnosky, 436 Pa. 59, 63, 258 A.2d 512, 514 (1969); Commonwealth ex rel. Kerekes v. Maroney, 423 Pa. 337, 340, 223 A.2d 699, 701 (1966). To raise the offense to first degree murder the Commonwealth has the burden of proving beyond a reasonable doubt that the slaying was "willful, deliberate and premeditated. . . ."
The Ahearn rule compels the trial court to prohibit a defendant from introducing evidence which would be relevant in deciding whether he possessed sufficient mental capacity to have the requisite state of mind for first degree murder. That such evidence is relevant and probative is beyond cavil. A leading commentator has offered the following test for relevancy: ". . . does the evidence offered render the desired inference more probable than it would be without the evidence? . . . Relevant evidence, then, is evidence that in some degree advances the inquiry, and thus has probative value, and is prima facie admissible." McCormick, Evidence § 152, at 318-19 (1954) (emphasis in original); 1 Wigmore, Evidence §§ 9-10, at 289-95 (3d ed. 1940). Surely expert psychiatric evidence on the defendant's state of mind at the time of the commission of the crime meets this classic definition of relevancy.
Psychiatric evidence is fully admissible at the sentencing stage of the proceeding. In allowing such evidence
Whatever validity might once have attached to the old "curiously rigid" objections to the admission of psychiatric evidence to establish diminished mental responsibility they have long since been "outmoded and repudiated by new discoveries through experimentation." Unfortunately, these early views "fail utterly to take cognizance of advances in education and educational methods." It is of course completely inconsistent to contend that the state of the art of psychiatry is too unreliable to be received as scientific opinion in the degree of guilt phase but completely acceptable and reliable as evidence in three other important phases of the trial: whether the defendant was sane or not at the time of the commission of the crime; whether the defendant was competent to stand trial; and what should be the appropriate sentence. Nor is it true that the M'Naghten Rule and the defense of diminished responsibility cannot coexist; on the contrary several jurisdictions have found the two completely compatible. See, e.g., People v. Henderson, supra; State v. DiPaolo, supra; Battalino v. People, supra; State v. Gramenz, supra.
It has been contended that the basis of the psychiatric evidence is the inherently unreliable self-serving
Opponents of the defense of diminished responsibility have expressed concern that the effect of making such a defense cognizable will be shorter sentences for dangerous individuals. One proposal which answers such a concern is that proffered by a study done on the mentally disabled and the law completed by the American Bar Foundation: "The defense of partial responsibility should be available to defendants but the reduced prison confinement should be followed by a period of indeterminate hospitalization when necessary for the public safety. The defense should be allowed when the defendant was incapable of some mental process which is a necessary element of the definition of the crime charged. He should be held responsible and punished for the lesser but related crime which does not require that mental process. But, if he is suffering from a mental condition which predisposes the accused to continued criminal activity, he should be retained in a mental institution until his release is consistent
The social objectives of our criminal statutes in general, and our murder statutes in particular, must be recalled. In most cases society is more interested in punishing the defendant's state of mind than it is in punishing the defendant for the commission of the act itself. It is a general principle of our law "that the state of mind with which a person commits a criminal act is important in determining not only whether he should be punished therefor, but also, if he is to be punished, how severely."
Mr. Justice POMEROY and Mr. Justice JONES join in this dissent.
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Divorce can be a difficult process, especially when determining the division of property, establishing alimony and spousal support, and negotiating child custody and visitation rights. It is important to hire an attorney to ensure the best outcome for both spouses.
This type of divorce is the simplest and most cost-effective way to end a marriage. In an uncontested divorce, both parties agree to the terms of the divorce. This type of divorce does not require a trial and can be completed relatively quickly.
This type of divorce is more complex and involves a trial. In a contested divorce, the parties cannot agree to the terms of the divorce. The court will make a decision on the terms of the divorce after hearing evidence and arguments from both sides.
This type of divorce is based on cooperation between the parties. In a collaborative divorce, the parties work together to come to an agreement on the terms of the divorce. This type of divorce is less expensive than a contested divorce and can often be completed faster.
In a default divorce, one party fails to respond or appear in court for the divorce proceedings. The court will then issue a default judgment, granting a divorce to the party who filed the original petition.
2. CHILD CUSTODY
When parents decide to no longer live together, they must determine who will have primary physical and legal custody of the child. This includes establishing visitation rights, allocating decision-making responsibility, and determining spousal and child support. It is important to work with an attorney to ensure the best outcome for the child.
In a sole custody arrangement, one parent is given full legal and physical custody of a child. This means that the parent has the exclusive right to make all major decisions regarding the child's upbringing and welfare, and the child will live primarily with the custodial parent.
Joint custody is when both parents share legal and physical custody of a child. This means that both parents have the right to make decisions regarding the child's upbringing and welfare, and both parents will have the child living with them for a significant period of time.
Split custody is when one parent has legal and physical custody of one or more children, while the other parent has legal and physical custody of the other children. This means that each parent has the right to make decisions regarding their respective child's upbringing and welfare, and the children will live with the respective parent most of the time.
Third-party custody is when a non-parent such as a grandparent, aunt, or uncle is given legal and physical custody of a child. This means that the third-party has the right to make decisions regarding the child's upbringing and welfare, and the child will live primarily with the third-party.
3. REAL ESTATE
Real estate law is a branch of law that deals with the rights and interests in land and other types of real property. It includes the buying, selling, renting, and leasing of land, as well as zoning regulations, landlord/tenant rights, and property taxes. Real estate law can also cover title issues, environmental laws, and neighborhood disputes.
Real Estate Transactions
A lawyer's role in a residential real estate transaction typically includes preparing and reviewing purchase and sale agreements, conducting title searches to ensure the seller has clear title, and closing the transaction by preparing and filing all necessary documents with the appropriate government agencies. They may also provide legal advice and representation throughout the transaction.
The lawyer's role in residential real estate transactions for sellers is to provide legal advice and services to help ensure the sale is completed properly and to protect the seller's interests. They will review and explain all documentation, such as the purchase and sale agreement, title documents, and disclosure statements. They will also handle the closing process and the transfer of funds, as well as any other legal matters related to the transaction.
A lawyer's role in residential real estate transactions for buyers is to review and explain the contract of sale, research the title of the property, explain legal provisions and advise on any potential risks or liabilities, ensure that proper documentation is completed and filed, and handle the closing of the purchase. Additionally, a lawyer can provide advice and assistance on the negotiation of the purchase contract, assist with the securing of financing, and review title insurance policies.
The lawyer's role in real estate transaction disputes can vary depending on the situation. Generally, a lawyer's role in a real estate transaction dispute includes the following: providing legal advice to their clients, researching the relevant laws, preparing and filing any necessary paperwork, negotiating on behalf of their clients, and representing their clients in court if necessary. Additionally, a lawyer may provide guidance and advice on the best ways to handle the dispute and advise their clients on any risks associated with the dispute.
4. LANDLORD TENANT LAW
Landlord tenant law involves negotiating and drafting lease agreements, representing landlords or tenants in court proceedings, and addressing tenant disputes. It is important to have a qualified attorney to ensure that all legal procedures are followed and that your rights are protected.
Unlawful Detainer or Eviction
This type of case involves a landlord attempting to evict a tenant who has failed to comply with the terms of the rental agreement. The landlord must provide notice of the eviction and have a court order to proceed with the eviction.
Rent Disputes involve disagreements between a landlord and tenant over the amount of rent due. These disputes often involve the tenant claiming that the rent was too high or that the landlord failed to provide certain amenities or services that were promised in the rental agreement.
Breach of Contract
Breach of Contract cases involve a landlord or tenant failing to live up to the terms of the rental agreement. These cases often involve issues such as failure to pay rent, subletting without permission, or damage to the property.
Habitability cases involve a landlord failing to maintain a rental property in a habitable condition. These cases often involve issues such as a lack of hot water, inadequate ventilation, or rodent infestations.
Security Deposit Disputes
Security Deposit Disputes involve disagreements over the return of a security deposit paid by a tenant at the start of a rental agreement. These cases often involve the tenant claiming that the landlord failed to return all or part of the security deposit and the landlord claiming that the tenant caused damage to the property.
Discrimination cases involve a landlord discriminating against a tenant based on their race, gender, religion, nationality, or other protected class. Discrimination cases can also involve a landlord unfairly refusing to rent to certain individuals.
5. BUSINESS LAW
Business law is the body of laws that govern business and commercial transactions. It covers a wide range of issues including contract law, corporate law, intellectual property law, antitrust law, and tax law. Someone would need a lawyer for business related matters when a dispute arises that requires legal advice or when a business is considering a major transaction, such as an acquisition or merger. A lawyer can help a business navigate the legal and regulatory framework of the transaction and ensure that all parties involved are treated fairly. In addition, a lawyer can provide advice on the best methods for structuring the transaction, as well as advise on potential risks associated with it.
These cases involve disagreements between two or more parties over the terms of a contract. Examples of common contract disputes include breach of contract, fraud, misrepresentation, and breach of warranty.
Mergers and Acquisitions
These cases involve disagreements between two or more companies involved in a merger or acquisition. Examples of common issues include valuation disputes, breach of fiduciary duty, and misrepresentation.
These cases involve wrongful acts committed by a business against another business or individual, such as libel, slander, malicious prosecution, and interference with contractual relations.
These cases involve disputes between employers and employees, such as wrongful termination, discrimination, and sexual harassment.
These cases involve an individual or company claiming that their intellectual property, such as a patent, trademark, or copyright, has been infringed upon.
These cases involve disagreements between two or more shareholders, board members, or officers over the management of a corporation.
6. CIVIL LITIGATION
Civil litigation involves filing a complaint or an answer, conducting discovery, and representing clients in court proceedings. It is important to have a qualified attorney to ensure that all legal procedures are followed and that your rights are protected.
Breach of Contract
This type of civil litigation case involves a dispute between two parties over a contract that one party alleges was broken by the other party. The plaintiff in the case will usually seek damages or some other form of compensation for the breach of contract.
This type of civil litigation case involves a dispute between two parties in which one party is claiming that the other party caused them physical or emotional harm. The plaintiff in the case may seek compensation for medical bills, lost wages, and pain and suffering.
This type of civil litigation case involves a dispute between an employee and an employer in which the employee is claiming that the employer wrongfully terminated them. The plaintiff in the case may seek compensation for lost wages and emotional distress.
This type of civil litigation case involves a dispute between two parties over the ownership of a piece of property. The plaintiff in the case may seek compensation for any damages to the property or for the value of the property.
Intellectual Property Rights
This type of civil litigation case involves a dispute between two parties over the ownership of a copyright, patent, trademark, or other form of intellectual property. The plaintiff in the case may seek compensation for damages or for profits made from the intellectual property.
We understand that legal services can be expensive and that not everyone can pay for them upfront. That's why we offer retainer financing and payment plans to make sure that everyone can access quality legal representation. Whether you need to spread out payments over the course of a few months or you need a retainer to get the ball rolling, we can help you find a solution.
If you are seeking legal assistance, don't hesitate to book a free consultation with our firm. We are here to help you through whatever legal matters you may be facing.
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Zimbabwe police arrested sixteen female student protesters on Friday demonstrating against poor learning conditions and high tuition fees.
Witnesses said that police used physical force to break up protests assaulting and injuring several students.
Human rights activists said that one of the students arrested was a disabled female.
Protesters were both male and female students but police solely went after the female students. Local reports said that the girls were “severely assaulted” with several suffering head injuries.
Rights groups said that it is not immediately clear why only female students were targeted in the arrests and that police have not yet decided what charges to place against the girls.
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Seraikela: Seraikela-Kharsawan district BJP organized ‘Halla bol, pol khol’ programme in support of the land acquisition law recently passed by the state government at Chandni Chowk in Kharsawan on Monday.
Leading the agitation, district BJP president Uday Singhdeo said the Jharkhand Mukti Morcha and Congress were spreading rumours among the people on the land acquisition law. He said the state government had simplified the land acquisition laws of the state and had also brought about transparency in them. He said the government would provide four times more compensation to the land owners within a fixed time frame of eight months. The land so acquired will not be used for setting up private industries.
Among those present during the sit-in included Rani Hembram, Manju Bodra, Pradip Singhdeo, Sushil Sarangi, Ramesh Mahato, Laduram Hembram, Viveka Pradhan, Jiten Ghorai, Prakash Mukhi and Nayan Nayak.
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Informal, or “curbside,” consultations among healthcare practitioners represent an important part of clinical practice and help to promote a collegial relationship in both the clinic and hospital settings. These types of informal consultations can increase knowledge among practitioners and may also improve the care and treatment of patients who present with complex comorbidities, often resulting in more favorable outcomes. Informal consultations do, however, include inherent risks for the consulting practitioner. This article answers questions that our patient safety risk managers routinely address about the potential liability of unofficial professional consultations.
Do practitioners who provide curbside consultations risk being sued?
Risks are involved if the expectations between the practitioners are not clearly communicated at the outset of the dialogue. In a classic scenario, the consulting practitioner is sued by a patient the practitioner has neither met nor examined—and certainly doesn’t remember months or years later after a problem has developed and litigation has been initiated.
Invariably, the consulting practitioner who offered the informal advice made no written record of the encounter that could later support the basis for the recommendations. As a result, the consulting practitioner has little evidence to defend the care other than possibly relying on an established routine or habit and practice when attempting to explain the recommendations discussed. The risk of being named in litigation increases significantly if the requesting practitioner identifies the consulting practitioner by name in the patient’s record and summarizes the general nature of the conversation.
What are the legal issues raised by curbside consultations?
A consulting practitioner who provides informal advice could be named in a lawsuit if a patient suffers harm because the requesting practitioner relied on the consultant’s information to make a treatment decision. Both practitioners could be liable if the information failed to conform to community standards and was a proximate cause of the patient’s injury. The probability that both would be named as defendants would depend on the content of the documentation made regarding the consultation, the nature and extent of the patient’s injury, and the information revealed during litigation.
The preliminary legal questions to be evaluated in cases involving curbside consultations are: (1) Did a practitioner-patient relationship exist between the consulting practitioner and the patient, and (2) did the consulting practitioner, therefore, owe a duty of due care to the patient consistent with what similarly trained practitioners would have done under the same or similar circumstances?
For each affirmative response to the questions below, the likelihood increases that a curbside consulting practitioner could be named as a defendant and face possible monetary exposure for civil damages should the matter proceed to trial or arbitration:
- Did the requesting practitioner provide detailed facts that included the patient’s history, comorbidities, and laboratory data?
- Did the consultant personally review any portion of the patient’s record?
- Did the consultant speak directly with the patient or conduct even a cursory physical examination at bedside?
- Did the consultant recommend or order any specific tests, therapies, medications, or other treatment modalities?
- Did the consultant follow up with either the requesting practitioner or the patient?
- Most importantly, did the consultant submit a bill for services rendered?
What kinds of informal consultation cases have been litigated?
Our closed claims analyses revealed multiple cases in which informal consultations took place between practitioners and the patient ultimately suffered serious cardiac, obstetric, neurologic, hemodynamic, or other untoward sequelae. Both practitioners were named in the subsequent malpractice action. In some cases, the consulting practitioner shared in liability for the final outcome based on the degree of involvement. (See the factors outlined in the question above.)
Curbside consults have also moved to electronic communications. Does a practitioner’s professional liability insurance cover consulting with other practitioners through electronic means?
It does not matter if the curbside consultation is electronic (via email, text, or telephone) or an in-person, face-to-face encounter. Due to the advent of metadata technology, the electronic footprint of the interaction exists virtually forever. The issues with informal consultations, regardless of the mode, remain the same. The fact that an email, text, or other electronic format allows practitioners who are miles—or states—apart to communicate can, however, also lead to other issues, such as privileging, credentialing, and licensure in the state where the patient resides. Professional liability insurance does not typically cover a practitioner for practice in a state where the practitioner is not licensed.
What patient safety issues are raised by curbside consultations?
From a patient safety standpoint, a verbal or electronic exchange between practitioners may lack the patient’s complete clinical picture (which should include a detailed history, an explanation of presenting signs and symptoms, identification of prescription and nonprescription medications, comorbidities, findings on physical examination, and related issues).
By responding without having all the pertinent information, the consulting practitioner may provide advice that is not in the best interests of the patient. It may result in an incorrect diagnosis, the formulation of an incorrect treatment plan, or a delay in ordering and implementing appropriate therapies. If the patient is harmed as a result, the consulting practitioner could be named as a defendant in a claim.
In analyzing closed claims, we have learned that incomplete or poor communication among practitioners is one of the leading causes of bad outcomes. This represents a major risk with informal consultations: Communication of all the necessary information to obtain and provide good clinical advice is critical.
What criteria can be used to determine whether a situation is low risk or one that requires a formal consultation?
If the requesting practitioner’s questions go beyond the low-risk scenarios described below, a formal consult should be obtained instead.
- Questions are for the general education of the requesting practitioner and are not specific to the patient.
- No request is made to confirm or make a diagnosis.
- No record review is required.
- No questions are raised about ordering specific tests or studies.
- The questions are straightforward and require only simple answers and nonspecific advice.
What can practitioners do to protect themselves?
At the outset of the encounter, clear communication must take place between the practitioners that identifies the nature of the inquiry and the type of guidance being solicited. Curbside consultations are tempting to busy practitioners because they are convenient and speedy—the very reasons to avoid engaging in this practice. Also, consulting practitioners are not compensated for the time, expertise, and potential liability exposure involved. If you decide to assume this risk, consider the following strategies:
- Clarify the nature of the consult; advise the requesting practitioner that a curbside consultation should not be considered a formal consultation.
- Consider the facts not provided.
- Keep the consultation brief.
- Make sure the requesting practitioner is aware that the advice given is not a treatment decision.
- Refrain from using email or text messages as a method of informal consultation. (For more information, see our article “Smartphones, Texts, and HIPAA: Strategies to Protect Patient Privacy.”)
If the requesting practitioner continues to insist that you render a treatment decision or makes serial inquiries about the same patient, we advise that you firmly but respectfully request making a formal and documented consultation instead. This approach helps to promote optimum patient care and protects the practitioners from possibly frivolous malpractice claims in the event of an unexpected or adverse outcome.
For additional information, contact the Department of Patient Safety and Risk Management at (800) 421-2368 or by email.
Richard Cahill, JD, Vice President and Associate General Counsel, The Doctors Company
The guidelines suggested here are not rules, do not constitute legal advice, and do not ensure a successful outcome. The ultimate decision regarding the appropriateness of any treatment must be made by each healthcare provider considering the circumstances of the individual situation and in accordance with the laws of the jurisdiction in which the care is rendered.
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Use all or part of the letter below to inform your lawmaker, disability agencies (such as ARC and AUSM), and others how important a full array of employment choices are to you. Be sure to add personal information about how a full array of vocational options (see section in red), including center based work choices and/or commensurate special wages affect you, your family member, or your values as a community member who looks out for vulnerable adults. Keep your letters as close to one page as possible and be sure you add your name and contact information, along with the names of the people you are representing.
Dear Rep/Senator _____________,
Please repeal or amend legislation provisions from the Minnesota HF33/SF37 Health & Human Service budget bill (passed during the July, 2021 Special Session) that will establish and fund a task force having the predetermined goal of eliminating ability-based commensurate wages (often referred to as “subminimum wages”). This provision was passed without having determined the impacts of eliminating this vocational choice which has been an effective and desirable disability accommodation for thousands of Minnesotans who are not able to successfully work in a traditional competitive employment situation. The vast majority of people who will be affected by the elimination of the choice to work for special wages, along with their legally appointed guardians and direct caregivers who understand the severity of their special needs, do not support this action. It is largely supported by mildly disabled adults and others who do not fully understand the serious implications.
This task force specifically lists people and agencies who will support their predetermined cause, but deliberately omits representation from the people who will actually be affected by this change, along with the family members, agencies, advocacy groups, and employees who provide care for them. Furthermore, the application for task force membership specifically requires that people on the task force agree to support elimination of special wages. It seems grossly unfair to establish laws that directly exclude the people who will be most affected.
Section 14(c) of the Fair Labor Standards Act is an intentional section of the law that was written to provide fair compensation, based on productivity, to employees who are not able to work at a competitive pace or average capacity. Like our constitution and many other good laws, it has stood the test of time. Wages for clients in supported work centers are calculated periodically by the percentage of work (units) completed against the average performance of non-disabled peers doing the same tasks. Some workers receive more than minimum wage, some less. The majority of people who work for special minimum wages have already qualified to receive disability support to cover most of their living expenses. They choose to work because it promotes dignity, self-esteem, and a sense of community purpose. It also provides some rewarding discretionary money to independently purchase personal items and help pay for inclusive activities in the community. Due to the severity of their disabilities, the vast majority of people who work for special wages would not be able to work at all if the 14(c) provision did not exist. A basic level of productivity and conduct is expected in the competitive workforce, which is not always possible for many individuals.
The Employment First initiative toward “fully integrated, competitive employment” (CIE) for people with disabilities, has led to criticism of supported work centers and other settings that serve people who have disabilities. Negative connotations, describing work centers as being exploitative and “not part of the community” have been used to discredit the important services being provided. Use of these facilities is a CHOICE, not a mandate, and thousands of people who are unable to work in unsupported environments have chosen this option for a variety of reasons. Elimination of 14c will result in closure of these facilities, forcing mass unemployment (not counted) and increased burden on aging parents and caregivers. It will not increase employment options for those who are already capable of competitive work. At a time when we should be expanding supported employment options, it makes no sense to eliminate options that work for many people. This action will affect my family/loved one by (describe the effect on your family member here).
Segregation is defined as the forcible separation of a group from the whole. No one is ever forced to work under 14c but choose to do so because they love being with their peer group with trained support staff in a welcoming and developmentally appropriate environment. Supported work centers also provide job coaches and help locate competitive employment in the community for those who are able. Unfortunately, appropriate jobs are often not available, especially in small, rural communities.
The repercussions and inevitable displacement of thousands of disabled people from their supported employment agencies that will result from elimination of special wages has not been fully studied. It has not been determined that this action will benefit ANYONE. It would seem more reasonable to have a task force examine the possible outcomes first, before assuming special wages (along with employment for disabled adults who can’t work competitively) should be eliminated.
Please urge your constituents to repeal or amend the HF33/SF37 (2021 Special Session) bill to include representation for people who depend on special wages and/or supported vocational centers for employment and focus the task force on whether elimination of special “subminimum” wages would be beneficial for anyone.
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Toronto : Two teenagers are facing charges of assault after they attacked an elderly Indo-Canadian Sikh couple early this week, even as police continues to investigate what they suspect was a racially motivated attack.
The teenagers were arrested shortly after the group of four attacked Gurmit Singh Tiwana, 79, and his wife Surjit Kaur, 72, while they were walking near their home in Abbotsford Tuesday night. The other two have still not been arrested.
The youths threw rocks and shouted racial slurs at the couple, the Abbotsford police spokesperson said.
Singh said he is still trying to deal with the shock of the violent attack, the Canadian Broadcasting Corporation reported.
The two teenagers aged 14 and 18 face charges of assault causing bodily harm and uttering threats.
"This was something unimaginable," a visibly shaken Singh said, noting nothing like this had happened before in his 25 years in Canada.
He also said he hopes the incident doesn't drive a wedge between the Indo-Canadian community and others living in the Fraser Valley city.
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I will be participating on a panel in the Writer’s Track called “Laws and the Writer.” It is at 7:00 PM. That should give you a couple of hours to get to Atlanta, grab a badge, and fight through hordes of women wearing TARDIS dresses.
Monthly Archives: August 2013
Speaking at Dragon*Con
Follow Writer-in-Law with Twitter
You can now follow me on Twitter for interesting links as well as updates on new blog posts. Just look for @writerinlaw. Maybe if I knew Twitter better (i.e. at all) I could provide you with some sort of quicker way to to follow my stream o’ tweets.
Used eBooks: Policy Pros and Cons
I wanted to give a brief policy overview, both for and against, the application of the first sale doctrine to eBooks. In other words, the arguments for and against allowing the sale of “used” eBooks.
I’ll go into the actual legal arguments (theory, doctrine, what have you) in a later post. I know you’re going to be waiting on that one with bated breath. If you want a preview, go and read the ReDigi district court opinion.
Most writers I’ve run across have VERY STRONG opinions on this subject, and all in one direction. (“I say we take off and nuke used eBooks from orbit. It’s the only way to be sure.”)
So naturally, keeping my audience ever in mind, I’ll start with the other side.
The policy arguments for permitting the resale of eBooks:
- Consumer protection thing 1. Some believe that converting sales of books from physical objects to technologically limited files negatively effects the consumer. It shifts power to the publisher and may ultimately reduce the value of what the consumer gets for the money. Some variation on same price/less value or lower price/much less value. The value in that formulation could relate to the monetary value in terms of resale possibilities or the longterm value of possessing something that will not disappear if you lose a password or device.
- Consumer protection thing 2. The lack of a secondary market (i.e. used market) will eventually lead to inflated prices. The availability of used books at a cheaper price than new books acts to decrease prices of new books. Eliminating the used market would therefore, it is argued, lead to increased prices.
- Copyright expansion. From a historical perspective, whether you consider the last two decades or the last two centuries, copyright has expanded GREATLY. This is true in terms of both the scope of rights given to the holders of copyrights and of the duration of the rights. The balance created by the first sale doctrine is seen as a small limitation on expansive copyright rights, whether you view that balance as stemming from personal property rights or from an exhaustion doctrine. (Okay, okay, I’ll save the theory for later. Hey, I’m a law professor – what do you expect?)
The policy arguments against permitting the resale of eBooks:
- Lack of degradation. Physical books break down. Their covers get bent, their spines are broken, . . . they get ratty or even fall apart. eBooks do not break down. A “used” eBook is identical in quality to a “new” eBook. With physical books, a purchaser of a new book would get something different than the purchaser of a used book, just as the purchaser of a new car gets something different than the purchaser of a used car. Mmmm, new book smell. Under this thinking, “used” eBooks would be much stronger competition for new sales. With physical books, there are reasons to buy new; not so, it is argued, with eBooks.
- Frictionless markets. Finding the used book you want can take more time than finding a new version. Maybe your local used bookstore doesn’t have the one you want. In other words, it may be easier to buy a new copy than to find a used version. (Amazon’s used book system for physical books may make this less true than it once was.) For eBooks however, because geography is taken out of the equation (the only “geography” remaining would be finding the correct website), it would be just as easy to find a “used” eBook as it would be to find a “new” eBook. Like the degradation problem, this would increase the competition new would face from used.
- Lack of resale being built into the price. I’ve heard many authors say that what they are giving the reader for the price paid is not something that can be resold. In other words, the lack of ability to recoup a portion of the original purchase price through the resale of the “used” eBook is already built into a lower original price.
- PIRACY. PIRACY. PIRACY. This is the dominant player for many in the ‘con’ camp. People just don’t believe users would not simply make a copy of an eBook and then sell the eBook in the used market. Most people arguing the “pro” side assume, for the sake of argument, that copy protection would be good enough to prevent this if we were to end up with a used market for eBooks. ReDigi claimed to monitor users’ computers to insure duplication did not result in their transfer of “used” mp3’s. As long as the belief that copying could happen on a rampant scale, this concern will dominate policy debates.
I’m not here today to declare a winner between these arguments, but I will offer two thoughts, that I will call “sideways.” That is, they come at the dispute not from a “pro” or “con” view, but from the “side.” Both of these stem from thinking about re-evaluating, in light of new technology, the incentive/public benefit calculus at the heart of copyright.
- We might consider a departure from monolithic copyright. Doesn’t that sound like an impressive term – “monolithic copyright”? (Professor, remember?) What I mean by that is that maybe what works for one type of art might not work for another type of art. So, we might do something different for music than we would do for books. Books are quite often read once and then not read again. (At least for most books with most readers – we don’t need to go into how many times I’ve read the Harry Potter series.) Music is different; most people don’t listen to a song and then never listen to it again. Music is experienced over and over again in typical usage. Because of this difference, a secondary (“used”) market for MP3’s may make more sense than a secondary market for eBooks.
- We could create a middle ground. We could permit the resale of eBooks, but legally mandate some sort of payment to the copyright holder. This would be a compulsory license akin to the mechanical license available for musical composition copyrights.
That’s a quick and (hopefully not too) dirty overview of the policy debates surrounding “used” eBooks. If you think I’ve left out any arguments for or against, I’d love to hear about them in the comments.
Filed under Uncategorized
Nathan Fillion, Advances, and Hybrid Publishing
So what does Nathan Fillion have to do with hybrid publishing and conflicts between publishers and authors over unmet deadlines? Read on, browncoats.
I always find the portrayal of authors in popular media interesting, particularly the ways in which that portrayal is so far detached from reality. This departure usually takes the form of showing authors as either instantly successful or as so rich that money loses all meaning to them (or both). Bones is one example, although Dr. Brennan’s role as a rich author does not involve itself in the show that often. In one episode, her publisher buys her a new mercedes. You know – as a gift. Sure. Happens all the time.
Nathan Fillion’s character Richard Castle in the pseudoeponymous (epopseudonymous?) show Castle is another example. He throws money around without a thought, and he doesn’t seem to spend any time actually writing. I mean – supermodels, Italian sports cars, tons of free time – that’s been your experience with working as a writer too? Right?
But it’s not the money or lifestyle aspects of how Castle portrays authors that struck me while I was re-watching the pilot episode the other night (“Flowers for her Grave“). Instead, it was this dialogue exchange between Castle and his publisher/ex-wife:
Gina Griffin: What kind of idiot kills off his best-selling main character?
Richard Castle: Are you asking as my blood-sucking publisher, or as my blood-sucking ex-wife?
Gina Griffin: Oh, is that what you’re doing? Punishing me by killing the golden goose?
Richard Castle: Oh, come on. I may be petty and short-sighted, but I’m not *that* petty and short-sighted.
Gina Griffin: Really? Then why?
Richard Castle: Writing Derrick used to be fun. Now it’s like work.
Gina Griffin: Hmm. God forbid you should work. I mean, you could have retired him. You could have crippled him, you could have had him join the freaking circus. But no, you had to put a bullet through his head.
Richard Castle: Yeah. Real messy, too. Big exit wound. Don’t worry, Derrick Storm is not the golden goose here. I am. I wrote half a dozen best-sellers before him. What makes you think I’m going to stop now?
Gina Griffin: Oh, I don’t know. The fact the new book was due nine weeks ago.
Richard Castle: You can’t rush genius.
Gina Griffin: Genius, Richard? Try blockage. I heard you haven’t written in months.
Richard Castle: That’s ridiculous.
Gina Griffin: My sources are very reliable.
Richard Castle: Well, they’re wrong.
Gina Griffin: They’d better be. If I don’t have a new manuscript on my desk in the next three weeks, Black Pawn is prepared to demand the return of your advance.
Richard Castle: You wouldn’t dare.
Gina Griffin: Try me. Just try me.
Richard Castle: You know, I already returned that advance. I spent it divorcing you.
Stories of authors not meeting deadlines are legion. In fact, stories of authors missing deadlines by more years than you can count on one hand are not uncommon. Yet, what you don’t hear about is publishing companies suing authors for the return of their advances. That is what struck me as odd or out of place in the above-quoted scene.
(Yes, I realize she said “demand the return of” and not sue, but I’m trying to make a point here. And I’m perfectly willing to use Nathan Fillion to get your attention.)
Now, several possibilities might explain why you don’t hear about authors being sued for the return of their advances.
- Publishers don’t usually sue authors because it is bad for business. If the author still sells for you, then you don’t want to make them mad. If they aren’t selling for you, then they are likely what we in the law wrangling business call “judgment proof.” That is just a law wrangling way of saying you can’t get blood from a stone. So, if you aren’t going to get money back from the author, then any bad publicity you would get from the suit is more than enough to make you opt against suing.
- Publishers do sue, but no one talks about it because the publisher doesn’t want to turn off other authors or would-be authors and the author doesn’t want anyone to know they didn’t meet their deadline. In other words, both parties have strong incentives to keep it quiet.
- Publishers do sue, everyone knows about it, and Writer-in-Law is just clueless. Let me narrow that down: Writer-in-Law is clueless about publishers suing for the return of advances. I don’t want to leave that too open-ended, or we’d be here all night.
I’m pretty sure the answer is #1, with #2 perhaps playing a small role. But publishing and writing are such small worlds that you would think the stories would get out eventually even if both parties did not want it too.
So, how is it possible that this “reality” might change? What might cause publishers to start being more aggressive with authors who don’t meet deadlines? Well, that is what brings me to hybrid authors.
By “hybrid authors,” I mean authors who publish both through traditional publishers and through self-publishing channels. Being a hybrid author puts the author in a different relationship with a traditional publisher. An author who does not self-piublish, one who only publishes through traditional channels, is the “golden goose.” Publishing companies make money off the output produced by authors. However, a hybrid author is both a “golden goose” and a competitor; the hybrid author is a publisher as well as an author.
Now consider that fact in the context of the following hypothetical:
An author misses a deadline on a book for which a traditional publishing company has already paid the author an advance. So far, this is no different than any of the stories floating around about authors missing deadlines. But in addition to missing the deadline, this author also self-publishes a new book in a different series.
How is a publishing company supposed to feel about that? They’ve paid the author for a book. They haven’t gotten the book. Instead the author has self-published a book that will in their eyes compete with other books in the publisher’s line. So they’ve paid the author to compete with them.
Might that change their previously tolerant approach to deadlines?
At a recent writer’s conference, I heard one publishing attorney intimate that such a situation might change the attitude of publishers . . . to the point of pursuing legal action. He stopped himself as he started to say more about it. I suspect that he realized he was skirting the edge of client confidentiality requirements.
I’ve heard over and over again about how the hybrid approach is the new “diversification” for writing careers, and I can see how that makes sense in the quickly shifting publishing ecosystem. What I am suggesting is that we may also want to stop and think about how such an approach might alter the way publishers think and treat authors.
Happy Wayzgoose, everyone!
You do celebrate Wayzgoose, don’t you?
Wazgoose was a holiday originally celebrated by printers. Master printers would hold a celebration for their journeymen and apprentices as the season turned from summer to fall. At times, the day included pranks inflicted on members of the print shop who had breached some norm, often not replacing letter blocks in their proper places. Yeah, that guy had it coming on Wayzgoose.
Traditionally, printers celebrated Wayzgoose on August 24th though the reason for using that date is a source of some debate. Some say it was because August 24th is St. Bartholomew’s Day, and old St. Barty is the patron saint of printers and bookbinders. Others claim that August 24th was the date Gutenberg finished the first printing of the bible, but that August 24th was Gutenberg’s completion date lacks any historical evidence.
The word itself was most likely derived from an English phonetic spelling of a dutch term. Early English printers were heavily influenced by the Dutch; many of them would have learned their craft from Dutch printers.
Today, the term ‘wayzgoose’ typically denotes celebrations relating to or held by those involved with printing, books, or bookmaking – whether it be printing societies or bookstores or schools or museums or municipalities – and is not linked to any particular date.
So — Happy Wayzgoose!
The printing press is mightier than a thousand swords – and how that gave rise to copyright
The movable type printing press is oft cited as playing a role in the religious revolutions of the 16th and 17th centuries. The technology to print books and pamphlets created an ability to circulate ideas previously limited by word of mouth transmission and much less efficiently produced media (e.g. hand-transcribed manuscripts). This relationship is fairly well-known.
What many people do not know, however, is that this maelstrom of religious upheaval and new printing technologies also gave birth to copyright law.
One of the weapons in the religious struggles in England was the censorship of the religious views by whoever happened to be on the throne at any particular time. The problem that various monarchs ran into was that the same technology that had contributed to these religious struggles also made it very difficult to censor effectively. They simply could not keep pace with the number of books and pamphlets that could be produced with the new printing technology.
So, they enlisted the aid of the Stationer’s Company, the members of the book trade who had received a royal charter to organize into a Company in 1557. English Companies were similar to and had evolved from medieval guilds. The Stationer’s Company was comprised of bookbinders, booksellers, and printers.
During almost the whole period from 1557 to 1709, a time of continuous religious struggle, censorship was a major policy of the English government. This policy made it convenient for the government to give the stationers large powers, which it did in increasing measure, in order to have them serve as policemen of the press.
L. Ray Patterson, Copyright in Historical Perspective
This system of censorship was enabled first by the Star Chamber Decrees of 1566, 1586, and 1637 and then later by the Licensing Act of 1662. The government did not intend to create copyright law with these statutes. Rather, their concern was merely with censoring opposing religious views.
Instead, the Stationer’s Company copyright arose as an offshoot of the powers granted by the government for censorship. In other words, the powers granted to the Stationer’s Company allowed them to create a form of copyright.
They did so as a way of increasing the profitability of their business endeavors by ordering their own internal affairs. Essentially, the members claimed their “copies” – what we call works of authorship. Whichever member registered a particular “copy” would have the exclusive right to print, bind and sell books from that copy. This act was referred to as “entrance” in the register. An entrance in the register* might take the form of:
Owyn Rogers ys lycensed to prynte a ballette Called have pytie on the poore.
(Apparently, it wasn’t “and sometimes Y.” It was “Y all the tyme.”)
These rights were initially enforceable privately within the company, but later grew to be enforceable in courts of law. It is quite likely that some form of copyright existed prior to these censorship efforts and even prior to the royal charter of the Stationer’s Company, but whatever form it took it did not have the full legal standing and scope of what we would view as copyright.
Note that the author was not a part of this picture. Authors were not members of the Stationer’s Company. They were considered “above” commerce. Selling copies of their work was considered improper. They did in fact sell manuscripts to members of the Stationer’s Company, but this relationship maintained the air, if not the reality, of the earlier system of patronage.
So how did the we end up with a governmental copyright that was focused on authors?
For that we have to fast forward to the late 17th and early 18th century. Two changes in what the government was able and willing to do led the members of the Stationer’s Company to seek what became the first copyright statute.
First, the government moved away from a policy of censorship. This threatened to pull the teeth out of the powers that had permitted the Stationer’s Company to create their internal system of copyright. Second, the government became very sensitive to public disapproval of government granted monopolies.
So as the censorship laws expired, the members of the Stationer’s Company had to seek out some way to maintain their economic advantage – and their effective monopoly had given them quite an advantage. In a relatively short period of time, they had moved from an unimportant guild** to one of the wealthiest and most influential.
What they sought from the government was legislation that would enshrine their previously private system into public law. Importantly, those rights were perpetual. Once a member had rights to a particular copy, they had it forever.
So, how did we get limited-in-time copyrights focused on authors?
That is where the second change comes into play – public animosity toward monopolies. In that anti-monopoly environment, a fight arose between two groups within the Stationer’s Company – the printers and the booksellers. (The oldest group, the bookbinders, were largely irrelevant at this point.)
One group wanted no copyright while the other wanted a perpetual copyright – one that never expired. The twist is that both groups argued not for their own good, but instead argued on behalf of the “author.” After all, those advocating for a perpetual copyright had a difficult time persuading anyone that a new monopoly should be granted. So instead they appealed to what was in the author’s interest, and once one side made this rhetorical move, the other side followed suit. It was the use of the “good of the author” by both sides to the argument that produced the concept of copyright as an author’s right.
In fact, public sentiment against monopolies was so strong that it took many years for the stationers to get anything enacted. In 1709, the decades-long fight produced the first copyright statute – commonly referred to as the Statute of Anne, a much snappier name that the actual full title: “An Act for the Encouragement of Learning, by Vesting the Copies of Printed Books in the Authors or Purchasers of such Copies, during the Times therein mentioned.”
*Some of the earliest known uses of the actual term “copyright” occurred in the company register. However, such uses were quite rare.
**The Hatter’s Guild was one of the six most powerful guilds. In comparison, the Stationer’s Company would initially have been somewhere down in the forties in terms of ranked importance. Hats were apparently a big deal.
Copyright Law and the Availability of Books
One of my goals for this blog is to expose writers to other views of copyright law and policy. Writers, in my experience, tend to view copyright as akin property and as having a moral justification – “I created it, therefore I should own it.” I know that is an oversimplification; most writers’ views contain more nuance than that. But it is, I think, an accurate representation of the core of those views.
While one can find a thread of that view, the natural rights view, in copyright law and cases throughout the history of US copyright law, it is not the dominant or explicit justification for copyright in US law. It is a view more commonly associated with the continental European approach to copyright.
The Anglo-American approach to copyright has expressed a different narrative. In most explicit discussion of the theory underlying copyright law, copyright is about incentives. On the surface, this fits with the writer’s view. A creator would not invest the time and effort into writing a book unless the law provided a means to capitalize on that work. And if that were the extent of it, then we wouldn’t see many if any divergences between the natural rights view and the incentive view. However, the incentive view goes deeper when we examine the goals toward which those incentives are pointed.
The enumerated powers in the US Constitution includes the following in Article I, Section 8, Clause 8:
To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries
This is commonly referred to as the IP clause and it serves as the basis for federal legislative power covering patent and copyright laws.* Note that it sets forth as the goal “to promote the progress of science and useful arts” and not to promote the creation of works. The Constitution was drafted at the end of the 18th Century, a century featured a long debate in England about copyright and patent law. The Founders would have been quite familiar with the policy arguments.
The goal of the incentive structure set up by copyright law, so it is argued, is to promote benefits to society. That is done primarily by providing creators with economic incentives, but those economic incentives are not the ultimate goal. They are merely a means to an end.
This is where balancing comes in. In pursuit of that end, the economic incentives might be limited and balanced against the good of society. More specifically, copyright is seen as limiting the benefit to society by increasing costs of access to the works and at times reducing access to the works.
A theorist looking at the incentive theory would say that we want to maximize societal benefit. That means a couple of things. First, we should only give the bare minimum of copyright protection necessary to guarantee production, and not one bit more. Of course, there is no single line in the sand so to speak. It is a continuum in which more protection theoretically leads to more works, and less to less. Finding that optimum point for societal benefit is the incentive theorist’s goal. An incentive theorist only gives the bare minimum necessary to insure production because every increase in protection theoretically comes at a cost to society – some times literally, as in the works cost more. Second, most theorists would include not only production of a work but also access to the work as a necessary component of societal benefit. Greater and longer protection can in certain circumstances decrease the availability of a work.
It is this second point – the relationship between copyright law and access to works – that is the subject of a recent study that generated quite a bit of interest in academic copyright circles (and beyond – does The Atlantic qualify as beyond?):
How Copyright Makes Books and Music Disappear (and How Secondary Liability Rules Help Resurrect Old Songs)
Heald’s study is nicely summarized by Rebecca Rosen in The Atlantic. Her summary features the tagline: “A book published during the presidency of Chester A. Arthur has a greater chance of being in print today than one published during the time of Reagan.” Some high points from the article:
There were as many books available [on Amazon] from the 1910s as there were from the 2000s. The number of books from the 1850s was double the number available from the 1950s. Why? Copyright protections (which cover titles published in 1923 and after) had squashed the market for books from the middle of the 20th century, keeping those titles off shelves and out of the hands of the reading public.
. . .
“Copyright correlates significantly with the disappearance of works rather than with their availability,” Heald writes. “Shortly after works are created and proprietized, they tend to disappear from public view only to reappear in significantly increased numbers when they fall into the public domain and lose their owners.”
. . .
Heald says that the WorldCat research showed, for example, that there were eight times as many books published in the 1980s as in the 1880s, but there are roughly as many titles available on Amazon for the two decades.
With beginning of the semester fully upon me, I haven’t had the time to go through the full study and likely won’t anytime soon. However allow me to play the TL;DNR devil’s advocate.
First, I wonder if the game has changed. Has the recently emerged ability to keep any book in stock without warehousing costs (eBooks, POD) changed what will happen to books in the future? Perhaps this dip is a thing of the past. In pre-Internet days, shelf space was at a premium and the costs of physical books over their lifespans perhaps contributed to the effect seen in the study. In that world, it made sense for publishers to maintain supplies of the most recent books if those were going to produce the most sales in the short-term. And keep in mind, that the lack of these books availability in eBook or POD formats may in large part be due to the inability of publishers to undertake the digitization process for massive backlists and due to a simple loss of information on who owns the copyrights for the lost books (orphan works).** In a world where maintaining the availability of books is virtually costless, we may not see such a decrease in availability moving forward.
Second, I wonder how much influence school reading lists have on the availability of some of these older works. Is that list of canonical works skewing the data?
Third, even taking this effect into account, it may not indicate that current copyright law’s incentive calculus is off. Even if lengthy copyright duration is reducing the relative availability of works, the net creation and value produced by copyright incentives could still be ideal or at least positive. The number of available works is just one small part of the measurement of copyright’s results.
* Though perhaps counterintuitive to our modern word usage, “science” refers to copyright and “useful arts” refers to patents.
**The orphan works problem and proposed “solutions” could fill several more blog posts.
The Right of Publicity – Concerns about the reach of Keller v. EA
The Right of Publicity – Generally
Unlike most rights under the general umbrella of “intellectual property,” the right of publicity is based on state law and not federal law. The right of publicity is recognized either through common law or statute (and sometimes by both) by a little over half of the states. For example, California extends the right of publicity through both judicially-recognized common law and statute. California’s statute does a good job of summing up the basic scope of the right:
Any person who knowingly uses another’s name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services, without such person’s prior consent … shall be liable for any damages sustained by the person or persons injured as a result thereof.
The common law version in California is almost identical with the exception that the common law version does not require that the appropriation have been done with knowledge (“knowingly”).
Because the right of publicity is state-based law, the actual contours of the right can vary from state to state. The most common difference is the duration of the right after an individual’s death. Interestingly, both the shortest and longest post-death durations exist within the same state – Tennessee. In Tennessee, the right of publicity does not survive an individual’s death if the right was not being exploited prior to the individual’s death. If, however, the right is being exploited, then it lasts as long as it is being exploited, in other words, potentially forever. Can you hear the ghost of Elvis saying “uh, thank you . . . thank you very much”?
My Normal “Right of Publicity Spiel”
Here’s how I had normally explained the right of publicity to groups of writers and artists (when I normally only had 30 seconds to fit it into after everything else): the difference in what you can and cannot do is the difference between “art” and “merchandising.” The former was protected by the First Amendment and the latter was not. If what the creator did looked more like am attempt at merchandising, then liability was more likely. Conversely, if what the creator did looked more like an attempt at art, then liability was less likely.
The Three Stooges case (Comedy III v. Saderup) and the Tiger Woods case (ETW v. Jireh Publishing) provided the exemplars for this approach.In Comedy III, an artist who specialized in charcoal drawings of celebrities was found liable for lithographs and t-shirts bearing sketches of the Three Stooges. In ETW, sports painter Rick Rush, through Jireh Publishing, was not found liable for selling limited edition prints of a painting titled “Masters of Augusta” featuring a number of images of Tiger Woods during his historic Augusta win.
The court in Comedy III did not say that Saderup’s charcoal drawings of the Three Stooges as sold in lithographs and on t-shirts were not First Amendment expression. The court explicitly said they were. Further, the fact that Saderup sold the images commercially did not itself take the images out of First Amendment protection. Rather, the court said that the question was whether Saderup’s expression was within the realm of First Amendment expression that would have to give way to the right of publicity. So the question for that court became what expression would be protected by the First Amendment and what expression would not be protected. What the court came up with to make that determination was the transformative inquiry later used in Keller:
When artistic expression takes the form of a literal depiction or imitation of a celebrity for commercial gain, directly trespassing on the right of publicity without adding significant expression beyond that trespass, the state law interest in protecting the fruits of artistic labor outweighs the expressive interests of the imitative artist. On the other hand, when a work contains significant transformative elements, it is not only especially worthy of First Amendment protection, but it is also less likely to interfere with the economic interest protected by the right of publicity…. Accordingly, First Amendment protection of such works outweighs whatever interest the state may have in enforcing the right of publicity.
Is the alleged infringer of the right of publicity merely appropriating the economic value of the celebrity’s image (“merchandising”)? Or is the creator adding something expressive or attempting to say something through the use of the celebrity’s image (“art”)?
In ETW, that court concluded that Rush’s painting, although sold for commercial purposes, was entitled to full First Amendment protection. The court actually compared the depiction of the Three Stooges at issue in Comedy III with Rush’s painting in ETW, stressing what had been added by the artist.
Unlike the unadorned, nearly photographic reproduction of the faces of The Three Stooges in Comedy III, Rush’s work does not capitalize solely on a literal depiction of Woods. Rather, Rush’s work consists of a collage of images in addition to Woods’s image which are combined to describe, in artistic form, a historic event in sports history and to convey a message about the significance of Woods’s achievement in that event. Because Rush’s work has substantial transformative elements, it is entitled to the full protection of the First Amendment. In this case, we find that Woods’s right of publicity must yield to the First Amendment.
The Ruling in Keller
The Ninth Circuit’s decision in Keller v. EA created a great deal of consternation about both the potential for artists and authors to be held liable for the use of celebrities in their creative works and the potential chilling effects on speech created by fear of such liability.
Keller is a former college football quarterback who argued that EA’s use of his likeness in their college football video game violated his right of publicity. EA argued in response that the First Amendment protected their use even if that use was an infringement of Keller’s right of publicity. The Ninth Circuit summarized EA’s actions as follows. (Yes, I am too lazy to paraphrase it. No, it is not copyright infringement because, among other things, works produced by the federal government are not protected by copyright.)
Samuel Keller was the starting quarterback for Arizona State University in 2005 before he transferred to the University of Nebraska, where he played during the 2007 season. EA is the producer of the NCAA Football series of video games, which allow users to control avatars representing college football players as those avatars participate in simulated games. In NCAA Football, EA seeks to replicate each school’s entire team as accurately as possible. Every real football player on each team included in the game has a corresponding avatar in the game with the player’s actual jersey number and virtually identical height, weight, build, skin tone, hair color, and home state. EA attempts to match any unique, highly identifiable playing behaviors by sending detailed questionnaires to team equipment managers. Additionally, EA creates realistic virtual versions of actual stadiums; populates them with the virtual athletes, coaches, cheerleaders, and fans realistically rendered by EA’s graphic artists; and incorporates realistic sounds such as the crunch of the players’ pads and the roar of the crowd.
EA’s game differs from reality in that EA omits the players’ names on their jerseys and assigns each player a home town that is different from the actual player’s home town. However, users of the video game may upload rosters of names obtained from third parties so that the names do appear on the jerseys. In such cases, EA allows images from the game containing athletes’ real names to be posted on its website by users. Users can further alter reality by entering “Dynasty” mode, where the user assumes a head coach’s responsibilities for a college program for up to thirty seasons, including recruiting players from a randomly generated pool of high school athletes, or “Campus Legend” mode, where the user controls a virtual player from high school through college, making choices relating to practices, academics, and social life. In the 2005 edition of the game, the virtual starting quarterback for Arizona State wears number 9, as did Keller, and has the same height, weight, skin tone, hair color, hairstyle, handedness, home state, play style (pocket passer), visor preference, facial features, and school year as Keller. In the 2008 edition, the virtual quarterback for Nebraska has these same characteristics, though the jersey number does not match, presumably because Keller changed his number right before the season started.
Whether EA used Keller’s likeness in a manner that violated his right of publicity was not really disputed. Instead, EA said that video games are expressive and that their use of his likeness was protected by the First Amendment. The court of appeals chose to apply the transformative test from Comedy III in order to determine if the FIrst Amendment protected EA’s use. The court said that at least five factors should be examined in determining whether a use of a celebrity’s likeness is transformative and thus protected by the First Amendment despite infringing a celebrity’s right of publicity. Here are the five factors (citations omitted):
First, if “the celebrity likeness is one of the ‘raw materials’ from which an original work is synthesized,” it is more likely to be transformative than if “the depiction or imitation of the celebrity is the very sum and substance of the work in question.”
Second, the work is protected if it is “primarily the defendant’s own expression”—as long as that expression is “something other than the likeness of the celebrity.” This factor requires an examination of whether a likely purchaser’s primary motivation is to buy a reproduction of the celebrity, or to buy the expressive work of that artist.
Third, to avoid making judgments concerning “the quality of the artistic contribution,” a court should conduct an inquiry “more quantitative than qualitative” and ask “whether the literal and imitative or the creative elements predominate in the work.”
Fourth, the California Supreme Court indicated that “a subsidiary inquiry” would be useful in close cases: whether “the marketability and economic value of the challenged work derive primarily from the fame of the celebrity depicted.”
Lastly, the court indicated that “when an artist’s skill and talent is manifestly subordinated to the overall goal of creating a conventional portrait of a celebrity so as to commercially exploit his or her fame,” the work is not transformative.
The court, agreeing with the lower court, concluded that EA’s use contained little to no transformative elements, likening the case to No Doubt v. Activision (described below). In reaching that conclusion, the majority opinion (one judge dissented) emphasized that EA tried to make the portrayal as realistic as possible and portrayed Keller in the exact context he is famous for – as a college football player playing college football.
Three more cases: No Doubt, Winter, and Kirby
In order to add more depth and context to this analysis, and your education in law, I wanted to describe three more cases before getting into full commentator mode. At the least, reading few more results will give you a better “feel” for what’s going on in this legal area. All three cases applied the “transformative” test from Comedy III to determine if the FIrst Amendment protected the defendants from liability stemming from right of publicity claims.
No Doubt v. Activision
The rock band No Doubt entered into an agreement with Activision that allowed the use of digital avatars patterned after the members of No Doubt in the video game Band Hero. However, when Activision allowed payers to unlock the No Doubt avatars and use them to perform other songs, No Doubt claimed that the game company had gone beyond the license agreement and in doing so had violated the band members’ rights of publicity (among other claims).
No doubt you already know what defense Activision asserted – that the First Amendment protected their use. Just as the Ninth Circuit did in Keller, this court of appeals acknowledged that video games are expressive and entitled to First Amendment protection. However, they did not find that Activision’s use of the No Doubt avatars were protected from liability under the right of publicity claims. Instead of characterizing the uses as “transformative,” the court said the uses of No Doubt’s likenesses were pure “mimicry” and “conventional” “life-like depictions” designed to commercially exploit No Doubt’s fame.
Activision argued that having the No Doubt avatars perform songs they did not normally perform and having them do so in fanciful venues (e.g. outer space) constituted transformative expression. The court rejected those arguments.
Winter v. DC Comics
The rock musician brother, Johnny and Edgar Winters, sued DC Comics over what they argued was the use of their likeness in a Jonah Hex series.
In the 1990’s, DC Comics published a five-volume comic miniseries featuring “Jonah Hex,” . . . . The third volume ends with a reference to two new characters, the “Autumn brothers,” and the teaser, “Next: The Autumns of Our Discontent.” The cover of volume 4 depicts the Autumn brother characters, with pale faces and long white hair. One brother wears a stovepipe hat and red sunglasses, and holds a rifle. The second has red eyes and holds a pistol. This volume is entitled, Autumns of Our Discontent, and features brothers Johnny and Edgar Autumn, depicted as villainous half-worm, half-human offspring born from the rape of their mother by a supernatural worm creature that had escaped from a hole in the ground. At the end of volume 5, Jonah Hex and his companions shoot and kill the Autumn brothers in an underground gun battle.
In what should be a common pattern to you at this point, DC Comics defended against the right of publicity claims by asserting that the First Amendment protected their expression. The court agreed with DC Comics. They pointed out that, while the comics evoked the Winter brothers’ images, the comics distorted those images into something different (half-worm villains) and to the extent that the comics borrowed common looks used by the Winters brothers (e.g. the stove-top hat), the comics did so in order to lampoon and parody the brothers. Further, the court pointed out that fans of the Winter brothers who were seeking a comic representation of their musical heroes would not seek out these comics.
Kirby v. Sega
In Kirby, the lead singer of Dee-lite, Kierin Kirby, sued Sega over the character Ulala in their game Space Channel 5. She claimed that the character and her likeness were based on Kirby in her persona Lady Kier. Sega maintained that they had not based the character or her likeness on Kirby and that their game was protected by the First Amendment regardless of whether a court thought they had used Kirby’s likeness.
The court agreed with Sega’s arguments that the First Amendment protected them. Using the transformative test from Comedy III, the court said that Sega, even if they had co-opted Ulala from Kirby (which was not established), had added expression by making Ulala more stylized in appearance. The character was thin in the exaggerated manner often seen in anime characters. The character was placed in an environment unlike any in which Kirby had been portrayed – a 25th century space news show. Further, the characters dance moves were not similar to any from Kirby’s music videos.
Importantly, the court said that Sega did not have to show that any of their uses that were similar to Kirby had to be borrowed for the purpose of lampooning or parodying Kirby. Even though the court in Winter had pointed the parodic nature of DC Comics’ use of some aspects of the Winter brothers, such comment upon the original was not a requirement for First Amendment protection from right of publicity claims. Mere addition of artistic expression was enough.
The Big Picture
In trying to figure out “what the law is,” you have to look beyond the mere words used by a court to state a particular doctrine or rule. You also need to look at the facts of the controversy and the conclusion that is reached. It is only with that context that you can understand what the court means by the words it uses.
In thinking about these cases as a group and with an eye to the underlying facts, two observations emerge.
Observation, the First
There really is a stark difference between cases like No Doubt and Keller on one hand and Winter on the other hand. The defendants in No Doubt and Keller sought (1) to replicate the celebrities as exactly as their technology would allow, (2) placed them in the exact context of their fame, and (3) did so as their major selling point. In contrast, Winter (1) altered the celebrities and (2) placed them in an entirely new context, even while (3) maintaining the reader’s ability to recognize who they really were. That seems to define clear spaces that are protected and not protected by the First Amendment, even if a third space between those two is left a bit muddy.
Observation, the Second
Courts may treat video games differently. They acknowledge that video games are expressive media potentially deserving of First Amendment protection, but absent very weak facts a la Kirby, they arguably give video games less protection. I think there could be two related causes at play. First, courts may just view video games as games, rather than viewing them as something expressively equivalent to a book, painting, or even movie. Most appellate judges pre-date video games. Keep in mind that in 2010 a Supreme Court justice said that pagers were a new technology the potential effects of which were little understood. Courts don’t always get new technologies.
This lack of understanding also underlies the second potential cause. Courts do not appear to have learned how to apply existing law to interactive entertainment. There does not appear to be a real recognition or appreciation for the the fact that the “work of art” is created and experienced by the developers AND the player during game play. The result is that video games may have a harder row to hoe.
The Right of Publicity and Novels . . . or Elvis Presley, Werewolf Hunter
So. Since this blog is written primarily for authors, how would all of this apply to a novel or story? I want to think about this first in a general way and then second in a more specific way with some examples.
The Medium is the Message
Are written works, as a whole, likely to be treated the same as video games, paintings, or comic books?
I think the answer would be no. I can’t point to any particular pronouncement in any specific case, but my impression that a court would view a book differently than an image on a t-shirt or an avatar in a video game is pretty strong. Using my original dichotomy, a court would likely view a book more as “art” than “merchandising.”
In related areas, courts have treated written works differently than visual works, often unconsciously. I think they are viewed both as more expressive and as more work on the creation side. The aura of the “author” and of the “novel” come into play here. This is in distinct contrast to “mere” visual replicas (like those seen in Comedy III and Keller).
Another aspect of this is the informational nature of written works. An image of a celebrity might include only limited information – i.e. what the celebrity looked like. In contrast, it is hard to imagine a written work containing only that information. Would someone really be trying to sell a written work that consisted only of a description of the celebrity? Either it would describe the celebrity’s career or experiences or character, or it would put the celebrity into a set of fictional events. If it was the former, the First Amendment clearly covers it as news reporting or commentary. That type of protection is very strong vis-a-vis right of publicity claims. If it was the latter, then the author has a strong argument to have added transformative expression under the test laid out in Comedy III.
Where a book would be more likely to get in trouble is in a situation in which the book created a false impression that the celebrity endorsed the book. But that claim would fall under unfair competition law, or at least an understanding of the right of publicity sounding more in unfair competition law. This is one reason I say authors have to be even more careful with titles.
Let’s Talk Specifics
How would a book – a fiction book – look more analogous to Keller and Comedy III than to ETW and Winter? Let’s look at some examples.
In your new novel, Elvis fakes his own death and travels the back roads of the country in a pink ’55 Cadillac Fleetwood Series 60, killing werewolves with rhinestone buckshot. So, do you have a legal problem?
It seems to me that you would have some pretty strong arguments for transformative expression. Sure, you would be using his actual name, but you have taken the King out of his usual context (rock star, movie star, Vegas performer). That makes this example a little less analogous to Winter but it does not make it different from ETW.
If we go through the five factors used by the court in Keller, four fall in favor of the author, with one being a little more debatable. Elvis serves as a raw material for the work rather than as the sum and sole substance of the work. Creative elements prevail over purely imitative or descriptive ones. This is certainly not an author subordinating their artistic skill to create a conventional portrait of the King. The novel is primarily the author’s own expression beyond merely the likeness of Elvis. The only argument against transformative expression, and thus First Amendment protection, is that the economic value of the work derived solely from the Elvis’ renown. All in all, it would seem likely a court would side with the author.
For that matter, we don’t even have to make up a book featuring Elvis. What about Dean Koontz’s Odd Thomas, that features the spirit of the King? Or Daniel Klein’s series featuring Elvis Presley as a crime solving sleuth: Kill Me Tender, Viva Las Vengeance, Blue Suede Clues, and Such Vicious Minds? While Koontz’s use would seem to be lesser and he would be able to argue that his own fame is a major factor in selling his books, Klein could make neither of those arguments. Elvis is the central character in his books, and the selling power of his name is not the calibre of Koontz’s.
Of course, we can’t really say that the existence of these books conclusively demonstrates anything about how a court would judge their uses of Elvis. However, it can give us some hints. That these uses exist without lawsuits might tell us how these particular holders of rights of publicity think. They might signal that the Elvis estate does not think they infringe on Elvis’ right of publicity, or they might signal that the Elvis estate does not at least feel inclined to sue over such uses.
But maybe you think I’m stacking the deck with my examples. Maybe you are right. Perhaps I’m predisposed to a certain types of genre fiction, and that is in turn leading me toward one-sided examples.
So what would a book have to look like in order start to tilt the factors identified in Keller toward infringement? One thought is it could portray the celebrity as the celebrity in a normal context, but still be fictional. One example would be the book series by the Olsen twins. Such a book would be fiction (and thus not protected as news reporting) while attempting to capitalize as much as possible on the idea that “this is what Mary Kate and Ashley are really like.”
Or perhaps, and please don’t read anything into this segue, an erotica novel featuring a celebrity. It would be easier to see how a court might come to see the celebrity selling factor as predominant (while unconsciously feeling uneasy with the non-permissive use of a real person in erotica).
So, we can come up with some examples of how a book author might lose right of publicity case, but I can’t help but think we have to thin out what most would normally call a novel. It seems like you’d really have to try to keep out your own expression.
(Now don’t take this to mean I’m recommending you use a celebrity in your next novel. See my comments in the “Chilling Effects” section below. Also keep in mind that none of this is legal advice – specific facts matter and I don’t know yours.)
The io9 Horror Stories
As you might have gathered by this point, I don’t agree with the horror stories posited in the io9 article.
The Zuckerberg/Social Network example does not follow from the cases for me. Certainly, I can see how the EFF and io9 and the dissenting judge can read this sort of decision out of the language of the case and perhaps out of one interpretation of the Keller decision. But I don’t see how you think Zuckerberg would win such a suit when you take into account the First Amendment protections given in other cases including cases dealing with reporting of real events (which receive even stronger First Amendment protection) and when you take into account the lengthy history of biopics like this one.
The “past president and his spying drones” example (what the article calls science fiction that strives for realism) does not follow for me either. I don’t think the cases establish such examples as necessarily infringing, although I must admit I don’t know of a case similar enough to rule it out entirely.
Essentially, I disagree with the conclusion made by the dissenting judge:
The logical consequence . . . is that all realistic depictions of actual persons, no matter how incidental, are protected by a state law right of publicity regardless of the creative context. This logic jeopardizes the creative use of historic figures in motion pictures, books, and sound recordings.
I don’t see that as a logical consequence of the decision or of the broader case law in the area. Keller is narrower than simply “all realistic depictions of actual persons, no matter how incidental, are protected by a state law right of publicity regardless of the creative context.”
That doesn’t mean I disagree with criticisms of Keller. They are spot on, but not because of how a future court will rule. Instead, the decision deserves criticism because it is written in language that is too broad which could lead to chilling effects. See the next section.
But hey, I could be wrong.
But . . . Chilling Effects . . .
You will often see the phrase “chilling effects” used in discussions related to free speech concerns, and you see it highlighted in the EFF article on Keller. ‘Chilling effects’ refers to the deterrence of legal speech created by the fear of liability or even just the fear of the cost of litigation. It is a policy consideration that courts and commentators alike call upon to bolster refusals to limit speech. In other words, decision-makers basically say our decision impacts more than just the particular speech at issue in this particular controversy – we also have to keep in mind all the other legal speech that may never happen if we allow liability for this speech in this controversy.
The idea should seem familiar to readers of Writer-in-Law. I’ve preached chilling effects from the other side. In the “Can I?” post, I encouraged creators to take three separate questions into account whenever they are worried a particular artistic choice may led to legal problems. Will a choice cause a court to rule against me? Will a choice lead an intermediary to act against me? And will a choice get me sued? When the answer to the first question is “most likely not” but the answer to the third question is “maybe,” a writer’s speech may be “chilled” when that writer chooses not to make that choice (e.g. including a celebrity in their story) because he is afraid of the pain, expense, and uncertainty of defending a lawsuit.
Am I playing a role in increasing chilling effects? Perhaps. Am I reneging on what I said in “Can I?” post? No.
But I am trying to pull out the assumption about priorities that underlies the recommendations in “Can I?” on one hand and the negative view of chilling effects on the other. In “Can I,” the assumption was that the writer’s priority was getting their works in front of readers, or it was about making a career out of writing, or something along those lines. Note that this type of priority may run counter to making a stand for free expression. Creators often see it initially as an issue of “art” as in “I should not compromise my art.” We can carry that further though; we can recognize that the issue is not just about the integrity of “my art” but also about the value of the system as a whole. What does the ability of everyone to freely express their ideas add to society as a whole?
I ask the question not to preach for one or the other. Rather I ask the question in order to provoke a recognition of what choice is being made. In doing so, I’m not making a judgment; please don’t think I am criticizing anyone who makes the choice to avoid the possibility of getting sued. I think that is the right course to follow most of the time. As writers, we can add value to society in so many ways through our works that altering our expression to reduce legal risks is in no way an abdication of our role in shaping a better society. But there may be times when the risk is worth what we have to say. I touched on this briefly in the “Can I?” post when I talked about The Wind Done Gone. My goal is to make sure it is a conscious, well thought out choice.
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Canadian Heritage Minister Steven Guilbeault participated in an online town hall with the music sector yesterday. When participants raised the prospect of relaxing social distancing rules to one metre in order to support live music shows, Guilbeault rightly noted that he was unable to help as the issue was outside his jurisdiction. Instead, he volunteered that his government would be supporting the industry through digital taxes, CRTC regulation, and mandated Cancon requirements. The response was typical of the government’s approach on cultural issues. The film and television sector, has asked for government support in the form of COVID-19 insurance to help get productions off the ground, but the government has not acted, instead pointing to Internet regulation. The news sector wants the millions in support the government promised months ago, but instead it gets promises of Internet regulation.
As industry identifies the policy measures that would help get their sectors restarted, Guilbeault has emerged as the leading government voice for Internet regulation as the alternative solution. The approach represents a terrible bungling of the Internet regulation file dating back years, with the government now posed to adopted harmful policies on non-issues and largely leave the real Internet policy concerns untouched. The plan – which Guilbeault has spelled out in multiple media interviews (and for which Innovation, Science and Industry Minister Navdeep Bains has remained puzzlingly silent) – involves new digital sales taxes, massive new powers for the CRTC to regulate payments from online services and mandate Cancon contributions, and new requirements for Internet platforms to pay licensing fees for links to news articles.
The harm that will come from these policy choices is difficult to overstate. By focusing the tax burden on sales taxes rather than technology company revenues, consumer costs will go up and the company profits will be left untouched. The CRTC powers will lead to years of hearings and follow-on litigation, yielding few tangible benefits for creators. The mandated Cancon contributions will spark trade wars and make Canada a less attractive market for new services leading to fewer choices and less competition, while the link licensing requirement will result in blocked sharing of news articles on social media sites that hurts both Canadians and media organizations. All the while, the issues that really matter – privacy, anti-competitive behaviour, online hate, misinformation, a fair share of tech corporate profits – are left largely untouched.
How did the government end up with the worst of all worlds on Internet regulation?
The starting point was the 2015 election in which it committed to no new Netflix taxes (prompted by a Conservative pledge on the issue) and subsequent consultations on everything from copyright to digital cultural policy. The result was then-Heritage Minister Melanie Joly struggling to honour the no-tax commitment, while satisfying increasingly vocal demands from some stakeholders for one. Those calls increased after the results of her cultural policy consultation were released, which largely focused on a rejection of new Internet taxes and support for net neutrality.
In the aftermath of the Cambridge Analytica scandal, worries about Russian election interference, and Christchurch massacre broadcast live online, the policy winds shifted and the government was clearly looking to become more active on the Internet regulation file. That led to Election Act provisions that were generally viewed as successful. It also paved the way for a 2019 election platform that was far aggressive on social media and the Internet, with commitments to address everything from privacy to hate speech online.
While there was room to develop sensible policies within that platform, the past year has been a complete mess:
- the government committed to introducing taxes on the revenues of tech companies in its platform (even including it in the costing estimates) and to participating in global discussions on digital sales taxes. When the U.S. made it clear that it would retaliate over the tech revenue taxes, the government flipped positions and will now move forward with digital sales taxes instead. Digital sales taxes are fine, but technology companies don’t pay the tax, consumers do.
- the government is anxious to address online speech harms, which is a difficult balance to strike given our Charter of Rights and Freedoms protections. The issue made more challenging by the USMCA that the government negotiated, which commits Canada to an Internet safe harbour for platforms.
- the government promised hundreds of millions in labour tax credits to support the news sector. When it failed to deliver, it searched for an alternative such as link taxes.
- the government embraced the Broadcast and Telecommunications Legislative Panel report seemingly without contemplating the implications of news regulation and extending Canadian Internet regulatory rules to services around the world. Guilbeault supported news regulation and was then forced to backtrack
- Innovation, Science and Industry Minister Navdeep Bains was given shared responsibility for these issues, yet has remained largely invisible on them for months.
- Guilbeault characterizing social media site linking to news articles without a licence as “immoral and unacceptable.”
What comes next?
If the government were to address the real concerns, there would be long-overdue privacy reforms, a more aggressive approach on competition issues, measures to address online hate and misinformation, and pursuit of a global agreement on fair taxation of technology company revenues. If it wants to support increased film production from indigenous groups or help the news sector, it can make those policy choices and use general tax revenues without creating a massive regulatory infrastructure.
Instead, it is turning to the harmful policies noted above that raise consumer costs (digital sales taxes), regulate online Cancon with mandated spending requirements (even though the industry has record production led by Netflix), dispense with any pretense of maintaining net neutrality, lead to blocked sharing of news articles (mandated licence for social media sites merely for linking to news content), and result in services avoiding the Canadian market (market interference in payments from services such as Spotify). Much of this will be overseen by the newly empowered CRTC, leading to lengthy hearings that primarily benefit lawyers. After having badly mishandled Canadian digital policy, the government now seems content to take a pass on the important issues and leave the controversial non-issues to the regulator and the courts.
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by James A. Bacon
Black drivers are disproportionately stopped and arrested, and they have their cars searched at higher rates than any other race statewide.
Here’s what the RTD could have written:
Black drivers stopped for traffic violations were disproportionately likely to be let go with warnings — or subject to no law enforcement actions at all.
Any fair-minded story would have provided both conclusions and conveyed the complexities and uncertainties in analyzing the data. Instead, the newspaper settled for cherry picking data that supports its ongoing Oppression Narrative. The reporters did not come right out and say that the statistical disparities are attributable to “racism” or “discrimination,” but the implication is clear enough. In contemporary society, statistical disparities are widely deemed to constitute proof.
Before I delve into the data, which covers the year from July 2020 to June 2021, let me be clear about one thing: I am not ruling out racism and/or discrimination as contributing factors to the disproportionate stopping of African-Americans on Virginia roads and highways. Discrimination may be a factor in some jurisdictions, or among some law enforcement personnel. I don’t pre-judge. I await a sober analysis of the data. I am saying that the RTD analysis is methodologically biased, and it recklessly feeds racial grievances and resentments.
Traffic stops and age. Let us start with two indisputable facts:
- There is a powerful correlation between age and the likelihood of being pulled for a traffic violation.
- The median age of White people in the United States is 44, compared to the 32-year-old median age of Black people.
All other things being equal, because Black motorists are on average younger than White motorists, one would expect Black motorists to commit more driving infractions and, hence, to be stopped at a “disproportionate” rate.
This graph, taken from the state traffic-stop database, shows the distribution of traffic stops by age. I have superimposed red lines showing the median age of White and Black populations in Virginia. Without accounting for that age differential, comparisons between the frequency of Black and White traffic interactions with law enforcement is incomplete and almost meaningless.
Race/ethnicity and behavior. Viewing racial disparities in traffic-stop rates through the prism of law-enforcement racism ignores the possibility that traffic stops might reflect the behavior of drivers, not the police. The database tells us that males are far more likely than females to be stopped — 63% compared to 37%. Are males being discriminated against, or are they more aggressive drivers more likely to attract law-enforcement attention?
Are college graduates more or less likely to violate traffic laws than high school dropouts? Are high-income drivers more or less likely than low-income drivers? Law enforcement does not collect data that allows us to answer those questions. But insofar as education and income are correlated with race, those factors might account for racial differences in traffic stops. Assuming that racial discrimination is the only possible explanation is irresponsible.
Racial/ethnic sub-cultures also may play a role. For example, Asian/Pacific Islanders were stopped only 11,100 times last year — accounting for fewer than 2% of all stops, despite the fact that Asian/PIs comprise 5.6% of Virginia’s population. Should we assume, based on this disparity, that police officers discriminate in favor of Asians? Or are Asians just less likely to violate traffic laws?
Results of stops. It is commonly said that police are more likely to target Blacks for moving violations. I have shown in a previous post that it is all but impossible in most instances to ascertain the race of a driver from a stationary position on the side of the road. If police engage in racial discrimination, either consciously or unconsciously, such behavior will occur after traffic stops are made and the driver’s race identified. In other words, if racial profiling or discrimination is a factor, it will manifest itself in more punitive outcomes.
According to the Community Police Act Data Collection database, 84% of all stops were for traffic violations. The outcomes of those stops can be broken down as follows (in order of leniency to severity):
- no enforcement action
- vehicles searched during a stop
Blacks comprise 20% of Virginia’s population but 30% of all moving traffic violations. If racial discrimination were at play, we would expect Blacks to account for lower percentages of the lenient outcomes (no action, warnings) and higher rates for the punitive outcomes (citations, searches, arrests).
That’s not what we find. To the contrary, Blacks account for 41% of all “no enforcement actions,” and 32% of all warnings. In other words, Blacks were slightly more likely than Whites to be let off the hook. Is it possible that police are bending over backwards to not discriminate?
Blacks accounted for 29% of those given tickets, marginally less than their 30% proportion of all traffic violations; 31% of all vehicles were searched during a stop, marginally higher.
The only comparison in which Blacks fared negatively by a meaningful number were for arrests, a category that comprised a tiny sliver of total traffic encounters. Statewide, police made 16,503 arrests in 2020-21. Of those arrested 37% were Black.
One possible explanation is that police were more likely to approach Black motorists expecting trouble, thus leading to misunderstandings, escalations and confrontations. Another possible explanation is that Blacks, influenced by popular media reports of “driving while black,” are more likely to respond defensively, thus provoking more aggressive police responses. Perhaps both explanations are at work.
The differential arrest rate is a matter for concern and warrants a closer look. But superficial analyses like that offered by the RTD are no help whatsoever. Indeed, they do a disservice to all Virginians.
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A U.S. expert in animal forensics is assisting the B.C. SPCA with their investigation into the spate of cat mutilations in Maple Ridge.
Dr. Melinda Merck, a renowned animal crime scene specialist from Atlanta, investigated the Whistler sled dog killings and helped build a case against NFL player Michael Vick for his involvement in a dog-fighting ring.
She frequently testifies as a forensic expert for animal cruelty cases around the U.S.
Merck is currently advising the SPCA via phone, but will most likely travel to Canada to view the remains of mutilated 24 cats that have been discovered around Maple Ridge.
“What I’m going to be looking for is whether there is evidence of a predator attack versus humans,” said Merck, who also trains veterinary and law enforcement professionals to gather evidence in animal cruelty cases.
Merck will re-evaluate investigation reports and review crime scene photographs, but also look for DNA from a predator or human in the cats’ mouths and on their claws.
But determining if a cat died in the jaws of a coyote or if it was sawed in half by a human isn’t easy.
Merck is among several people being sued by Tyler Weinman, a Florida man who was charged with killing 19 cats in 2009.
Prosecutors eventually abandoned their case against Weinman when it was scientifically determined at least eight of the cats were actually killed by dogs. The bodies of the other 11 were destroyed and couldn’t be properly tested.
Merck did not examine all the bodies herself, but agreed with the findings of another investigator, who determined the cats were killed by a human being.
“The examinations were actually done by local veterinarians and they had missed some of the signs,”‘ Merck explains.
“It is easy to do that without experience or guidance. Unfortunately, not all of [the bodies] were available to be re-examined.”
The Miami case means Merck will be especially cautious when examining the evidence from Maple Ridge.
The B.C. SPCA, however, believes many of the cats were sliced by a saw or knife.
Maple Ridge vet Dr. Adrian Walton looked at several carcasses in March and told the SPCA to order full necropsies on the animals after he noticed clean cuts on their bones.
Also, in at least one instance, the collar of a cat was placed neatly beside its severed head on the owner’s lawn.
Merck, though, counsels against jumping to conclusions.
“Is it a pattern from a person or a pattern from predators?” said Merck, noting that finding animal body parts is not an uncommon thing.
“It’s not easy to tell.”
Merck recommends that anyone who finds a cat head or body part to secure the scene until the SPCA or police can collect the evidence.
“Don’t let anybody touch anything until they get there,” she said.
“Everything is critical and should be left as it was found for the evidence to be properly analysed, just like a human crime scene.”
For now, Merck recommends Maple Ridge residents keep their pets inside and report any suspicious activity in their neighbourhood to police.
“As with most crimes, someone knows something and if they call the authorities that’s how most cases are solved.”
In the past year, a total of 24 dismembered cats have been found in Maple Ridge, mostly in an area between 217th and 230th streets.
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- 1 What do the numbers on your driving Licence mean?
- 2 What does the star mean on Florida drivers license?
- 3 How do you read a driving Licence number?
- 4 What does B mean on driving Licence?
- 5 What do I need to get a gold star on my driver’s license in Florida?
- 6 What are two forms of proof of residency?
- 7 Can I fly with a Florida drivers license?
- 8 Is Driver number the same as Licence number?
- 9 What is a GB driver number?
- 10 Is it compulsory to have a photo driving license?
- 11 What does B restriction mean?
- 12 How do I know if my Licence is automatic?
- 13 What is considered a Class B vehicle?
What do the numbers on your driving Licence mean?
849339 – First and last numbers are the year of birth. Second and third numbers are month of birth. (Note: in the case of female driving licence holders, ‘5’ is added to the second digit, this means that the second digit will be 5 or 6). The fourth and fifth digits are the day of the month of your birth.
What does the star mean on Florida drivers license?
The U.S. Department of Homeland Security REAL ID Act became effective nationwide in 2008, mandating new standards for the issuance of driver licenses and identification cards. New driver licenses and ID cards have a star in the upper right corner of the card, indicating that they are REAL ID-compliant.
How do you read a driving Licence number?
What the characters on your driving licence number really mean
- CHARACTERS 1-5: These are the first five characters of the driver’s surname and if it’s less than five, it’s filled up with nines.
- CHARACTER 6: The decade digit from the year of birth.
- CHARACTERS 7-8: These are the month of birth, so December would be 12.
What does B mean on driving Licence?
The category B licence lets you drive a motor vehicle with a maximum weight of up to 3,500kg, it can’t have more than eight passenger seats. If you want to use a trailer the most it can weigh without additional hassle is 750kg.
What do I need to get a gold star on my driver’s license in Florida?
Since Jan. 1, 2010, any new credential issued at an office in Florida has the gold star. To become REAL ID compliant, visit an office and bring original documents which validate your identity, Social Security Number and residential address.
What are two forms of proof of residency?
Examples of acceptable documents to prove California residency are: rental or lease agreements with the signature of the owner/landlord and the tenant/ resident, deeds or titles to residential real property, mortgage bills, home utility bills (including cellular phone), and medical or employee documents.
Can I fly with a Florida drivers license?
Starting October 1, 2021, all U.S. adults — including Floridians — will need to present a REAL ID -compliant license or another acceptable form of identification for domestic air travel. If you have a gold star on your driver license or identification card, you’re good to go.
Is Driver number the same as Licence number?
Your driver number is a 9 digit number that stays with the licence holder throughout their driving history. It appears in field 5 of your paper licence and in field 4d of the new plastic card licence or permit.
What is a GB driver number?
Each licence holder in England, Scotland and Wales has a unique driver number, which is 16 characters long. The characters are constructed in the following way: 1–5: The first five characters of the surname (padded with 9s if less than 5 characters)
Is it compulsory to have a photo driving license?
It’s never been mandatory for drivers to replace their traditional style paper driving licence with the photocard licence, and this will remain unchanged. However, there are some things paper licence holders will need to know about, including the way their licence information will be viewed in the future.
What does B restriction mean?
B A Corrective Lenses This restriction is placed on the driver’s license of a person who meets the minimum levels of acceptable vision set forth in NAC 483.341 only with the aid of corrective lenses. This restriction can also be placed on a non- commercial class A or B license.
How do I know if my Licence is automatic?
If you’re wondering how to tell the difference between a manual and automatic licence, you need to turn it over and look at the codes on the back of the licence.
What is considered a Class B vehicle?
A Class B motor vehicle includes any single vehicle not listed as a Class D vehicle with a GVWR of at least 26,001 lbs., or any such vehicle towing a vehicle with a GVWR of 10,000 lbs. or less. This class also applies to a bus with a GVWR of at least 26,001 lbs. and designed to transport 16 or more persons.
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WASHINGTON, D.C. (PRWEB)
February 28, 2017
The American Insurance Association (AIA) is urging Oregon policymakers to vote “no” on SB 487, legislation that significantly changes Oregon’s present statutory limit on the recovery of noneconomic damages. SB 487 will be heard in the Oregon Senate Judiciary Committee today. If passed, the legislation would increase the limits on the speculative pain and suffering damages in wrongful death lawsuits to $1 million dollars with a price index change every year thereafter. Additionally, it removes caps on noneconomic damages and other civil actions. Existing law already compensates individuals for all the actual costs associated with any harm.
A statement from Katie Pettibone, AIA vice president for state affairs, Western…
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The ‘right to be forgotten’ determines that individuals should have the freedom to request detrimental information about themselves be removed from search engines like Google. Many critics argue that this notion of removing details about oneself is akin to historical revisionism and censorship. Supporters of this act cite the importance of it due to concerns regarding personal information on revenge porn sites and details regarding past minor criminal activites which can impact on people’s employment chances.The ECJ (European Court of Justice), presided over over a prominent case in May 2014 which paved the way to the current situation.
The ECJ ruled that Google needed to adhere to data protection law by the EU. The ruling states that citizens are entitled to request de-listing requests and search engine companies must delete links which contain their personal information under certain criteria. The case led to widespread concern due to the potential for a floodgate of new cases due to the ease of erasing data found on search links.
The court states that de-listing requests can be granted if the information included in URLs are “inadequate, irrelevant or no longer relevant, or excessive”, material relating to a public figure or is in the public interest cannot be removed. The case in May 2014 is known as: C-131/12 Google Spain SL and Google Inc v. AEPD and Mario Costeja Gonzalez. In 1998 Mr Gonzalez property was auctioned off by court order to recoup social security debts he owed, an article was published by the Spanish newspaper La Vanguardia. Mr Gonzalez lodged a complaint to the Spanish Data Protection Agency to request this article be removed from Google after having paid off the debt, he claimed that google searches of his name linked to the aution notices for his two properties still were on La Vanguardia’s website.
Mr Gonzalez wanted the newspaper and Google to delete those pages and links.The judgment has allowed people in similar compromising situations to take action and request sensitive information be removed such as cases involving sexual abuse
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Skip to code content (skip section selection)
Whenever the Council determines that a shortage of water supply threatens the city, it may, by resolution, limit the times and hours during which city water may be used for sprinkling, irrigating, car washing, air conditioning or other specified uses. After publication of the resolution or two days after the mailing of the resolution to each customer, no person shall use or permit water to be used in violation of the resolution and any customer who does so shall be charged a fee as set by City Council from time to time for each day of violation, and the charge shall be added to the customer’s next water bill. If the emergency requires immediate compliance with terms of the resolution, the Council may provide for the delivery of a copy of the resolution to the premises of each customer, and any customer who has received the notice and thereafter uses or permits water to be used in violation of the resolution shall be subject to the charge provided.
(Ord. 213, passed 4-17-1996)
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Though Jeffrey Johnson trained a .45 calibre semiautomatic pistol at two police officers just after killing Steven Ercolino (41), he did not shoot at them. Before Johnson could inflict more damage, 16 rounds were fired off in his direction.
Since both the police officers were reacting instinctively, most of their shots missed the intended target. The bystanders sustained injuries due to the stray gunfire. Concrete pieces which the bullets had gouged out of nearby buildings also struck them.
CCTV footage confirms that Johnson only shot at Ercolino before being felled by the hail of bullets. It has emerged that the 58-year-old was a loner and had worked as an accessories designer for Hazan Imports, an apparel firm, from 2005 to 2011.
Johnson never got along with Ercolino who was the company's vice-president for sales and blamed him for engineering his dismissal last year. Employees of Hazan Imports described Johnson as "very eccentric" and "detail oriented" but added that he was "a meticulous artist".
Johnson claimed to be a sharpshooter and sometimes alluded to his military background. Reports say he might have been an erstwhile member of the US Coast Guard.
Cats were his main companions, according to neighbours. Johnson used to spend a lot of time in Central Park after he was laid off. A website contains several drawings of hawks and other birds, all diligently sketched by Johnson.
His bete noire, on the other hand, was a confident salesman. Ercolino did not heed the company owner's advice to keep a distance from Johnson. The two men often had minor physical altercations and once even filed police complaints against each other.
Their ego clash is apparently the reason why Johnson waited near the office yesterday morning for Ercolino. As soon as the latter turned up, the former shot him.
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START YOUR FREE CONSULTATION
NO FEES UNLESS WE WIN!
In Nevada, property owners have a duty to take care of their property. One of the ways that property owners must keep their property safe is by making sure that children who come on the property do not face any dangers. Even when children trespass on someone else’s property, the property owner still has a duty to take steps to keep children safe.
The law that requires property owners to keep their property safe for trespassing children is called the attractive nuisance doctrine. Although the law is relatively straightforward, you may still need to work with a personal injury law firm to determine how this law will impact your situation after an accident.
The law that requires property owners to protect children is called the attractive nuisance doctrine. Children might want to trespass onto a property to play. Attractive nuisance examples could include child trespassers seeing a swimming pool, roof or other structure that looks fun and might attract children. Even though the structure might be dangerous, a child may not understand those risks.
The attractive nuisance doctrine requires property owners to take steps to protect children even when they’re trespassers. If a man-made structure exists on a property, the property owner must take reasonable steps for the safety of children that might trespass on the property. Nevada’s attractive nuisance laws are found in Nevada Revised Statute 41.515.
There are a number of reasons why children might want to enter your property, particularly if the property is not secure or easily accessible to them. Some of the most common things that could attract children to a property and entice them to trespass include:
- Water, such as swimming pools and fountains
- Playground equipment, such as swings and slides
- Construction projects
- Unsupervised tools or equipment
Any of these elements could create a dangerous condition for trespassing children on any property. If a property owner did not take measures to secure the property and make it safe for children even after knowing that children were being attracted to the property for these reasons, the attractive nuisance law applies.
Each state has its own attractive nuisance laws. Often, the laws in a state come from tradition instead of from written law. The laws aren’t written down formally until the court applies a law and adopts it. When laws develop from traditions about fairness and justice, they’re called common law.
In many states, attractive nuisance laws come from common laws. The laws aren’t written down until a child gets hurt and brings a legal claim for compensation. Usually, attractive nuisance laws develop over time as courts decide real cases.
This was true in Nevada until the legislature passed an attractive nuisance law in 2015. A personal injury lawyer will be able to explain how this applies to the attractive nuisance elements of your case.
Nevada’s attractive nuisance law is Nevada Revised Statute 41.515 (NRS 41.515). The law lists some ways that a property owner can be held legally liable if a child gets hurt on their property. The requirements include:
- The trespasser is a child
- The child can’t appreciate the dangerous condition because of their youth
- The condition is artificial; it doesn’t exist naturally
- It’s a kind of artificial condition that a child would want to access
- A property owner should realize that the condition is dangerous for a child
- The time and expense involved in taking steps to keep the property safe is small compared to the injuries that a child could suffer if they get hurt
- It’s a condition that can be made safer with reasonable steps
The attractive nuisance doctrine applies only to artificial conditions. If a lake or river occurs naturally on a property, the property owner has no duty to secure the lake from trespassing children. But if a property owner builds a pool or installs a trampoline on their property, they have a duty to take steps to protect young children.
A property owner has to take reasonable steps to keep children from accessing the danger. While warning signs are a start, these signs alone may not be enough. If the threat is water, the property owner may need to build a fence around the water. If the danger is a rooftop, the property owner may need to ensure that doors are locked, and ladders are secured to prevent access.
For the attractive nuisance doctrine to apply, the trespasser must be a child. The law expects adults to be able to recognize and appreciate dangers. Children may not be able to understand how an attractive nuisance can be dangerous. That’s why the law affords them extra help.
If a trespasser is an adult, the property owner’s liability is more limited. Nevada law 41.515 limits the duty of a property owner to an adult trespasser. Adults are expected to be able to identify and avoid dangers and take measures for their own safety.
Nevada’s written attractive nuisance law is relatively new. The idea has always been a part of Nevada’s common law, but the attractive nuisance law became written law only in 2015. The written attractive nuisance law is part of a more important law that the legislature passed to lessen the burden on property owners when it comes to trespassers.
Under old Nevada law, property owners had a duty to even adult trespassers. The new law still requires property owners to take measures to keep children safe. But the law removes a property owner’s responsibilities to adults. Adult trespassers generally trespass at their own risk, with some exceptions.
If a child gets hurt because of an attractive nuisance, the property owner may face legal liability to the child, similar to that of premises liability in personal injury cases. The child may have physical injuries that require treatment. There are damages available to an injured child that may cover the monetary expenses related to the child’s injuries, including medical bills.
There are also damages available for physical suffering. Our experienced attorneys can help you value the case and take the right steps to claim maximum compensation for your personal injury claim under the law.
Any injury to a child is a tragedy. When an injury occurs because of an attractive nuisance on someone else’s property, the property owner may owe the child compensation for their injuries. If your child is hurt, they may deserve compensation even if they’re trespassing at the time of the injury. We invite you to contact us to discuss your case and how a personal injury lawsuit can help get you the relief you and your child need after this type of accident.
Adam S. Kutner is a top 100 trial lawyer with 33 years’ experience and expertise that will benefit you
Call us at (702) 382-0000 anytime to schedule a free consultation. We will work to get you the maximum settlement as quickly as possible so you can move forward on your healing journey.
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Adam S. Kutner
PERSONAL INJURY LAWYER
With more than 33 years of experience fighting for victims of personal injury in the Las Vegas Valley, attorney Adam S. Kutner knows his way around the Nevada court system and how to get clients their settlement promptly and trouble-free.
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Between the Senate’s Supreme Court hearings and midterms, how can the church make its way through a relentless news cycle?
Last week, millions of Americans were caught up in the Senate’s Supreme Court hearings. There, psychologist Christine Blasey Ford testified that Supreme Court nominee Brett Kavanaugh sexually attacked her while the two were in high school. Several hours later, Kavanaugh emphatically refuted Blasey Ford’s allegations.
The hearings came months after Justice Anthony Kennedy, long seen as a swing vote on the court, announced his retirement. This news prompted alarm from the pro-choice community who feared that the new balance in the Supreme Court would overturn Roe v. Wade. Despite their fears, Kavanaugh’s confirmation seemed on track until Blasey Ford’s allegations went public.
Shortly after the hearing, a book excerpt from Tim Keller, the founding pastor of Redeemer Presbyterian Church, appeared in The New York Times.
“Christians cannot pretend they can transcend politics and simply ‘preach the Gospel,’” he wrote in his latest book Prodigal Prophet: Jonah and the Mystery of God’s Mercy. “Those who avoid all political discussions and engagement are essentially casting a vote for the social status quo. … To not be political is to be political.”
But that doesn’t mean that Christians have to hold convictions about every moment of political life, said Keller. One example: knowing exactly who or what to believe about Kavanaugh and Ford.
“Neither you nor I are decision makers at all. We’re not being asked to make a decision. If I was in a position where I had to make a decision—I had a vote or I had to do something about it—then I would be doing everything I could to get to the bottom of things,” Keller told CT. “I’m …
Source: Christianity Today Most Read
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I fully appreciate the concerns of the public with regard to this case. Individual Garda investigations are an operational matter for the Garda authorities.
As regards the investigation in question, I am informed by the Garda authorities that since the date of the murder, extensive inquiries have been carried out. More than 5,000 people have been interviewed in the course of house to house inquiries and checkpoints. I am also informed that approximately 2,800 statements have been taken and a number of people have been arrested in the course of the investigation to date. I am further informed that sufficient resources are available for the investigation of this murder. I understand that a detective inspector involved with the case is acting as liaison officer with the family, who are being kept informed of progress. Public interest has been maintained by means of numerous appeals through the print media and four separate features on the "Crimeline" programme. I am assured that investigation is still under way and that every effort is being made to bring the investigation to a successful conclusion.
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THE WHITE HOUSE
Office of the Vice President
VICE PRESIDENT GORE WARNS AGAINST HOUSE GOP PROPOSAL ON LEGAL IMMIGRANTS
Notes that 75,000 Fewer People Would Get Benefits in 2002 than in Budget
WASHINGTON -- Vice President Gore today (6/19) warned against the House Republican proposal affecting disabled legal immigrants, warning that 75,000 fewer people would get Supplemental Security Income as compared to the bipartisan budget agreement.
The bipartisan budget agreement restored SSI and Medicaid benefits to any immigrant in the country as of August 23, 1996 who is or becomes disabled. The House Ways and Means Committee proposal ignores vulnerable immigrants who become disabled after August 23, 1996. About 75,000 fewer immigrants would receive benefits by 2002, and 125,000 fewer by 2007.
"The Republican plan singles out immigrants who are in this country legally for harsh and unfair treatment and it breaks faith with the bipartisan balanced budget agreement," the Vice President said at a White House ceremony.
"It fails to restore a safety net for disabled legal immigrants by abandoning the people who were in the United States when the welfare bill was signed, but who unexpectedly fell ill or became disabled after that date."
When Congress enacted last year's welfare law, they included provisions affecting legal immigrants that were not only harsh and unnecessary, but had nothing to do with the real goal of welfare reform -- moving people from welfare to work. Since then, the President and Vice President have worked hard to restore benefits to legal immigrants.
National groups representing the elderly and people with disabilities are united in their opposition to this proposal. They recognize that the budget agreement would protect more disabled elderly and non-elderly people than the House Ways and Means proposal.
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The term "estate" with respect to a person's Will, trust or intestate proceeding means the assets or liabilities belonging to the decedent that have to be distributed to the designated beneficiaries under the Will, trust or through intestate succession.
Since you are the sole heir of this "estate" such means you are entitled to the net assets after all creditors are paid and there is a court order allowing such.
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The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you go to AttorneyPages.com
and retain an attorney to represent you.
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The State Attorney's Office said at Wednesday's hearing on the possibility of delaying former president Moshe Katsav's prison sentence that the defendant should be treated like any citizen.
Aryeh Peter, the State Attorney Office's representative at the hearing said that "legally, this is a regular case. The defendant was charged with a felony."
"Katsav should start serving his sentence before the appeal begins," Peter added. "It is in the public interest for Katsav to go to jail right away."
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Home Sale Law in South Carolina
When you are about to buy or sell a home, there are various things that must be considered, not the least of which being the many legal and financial decisions you have to make.
While it's possible in Barnwell, South Carolina for individuals to buy or sell property on their own, this is not the only (or necessarily best) option. There are many intricate legal and financial issues involved, so the assistance of a professional is advisable.
In Barnwell, South Carolina, most real estate brokers are paid a commission, represented by a part of the sale price of the home. Some might charge a flat fee, however.
Getting a Mortgage in Barnwell, South Carolina
If the buyer asks a direct question regarding the physical condition of the property, the seller must answer it truthfully. Misrepresenting a material fact in a real estate transaction is a very significant form of fraud, and could give rise to significant damages against the seller.
There are some defects, however, that the seller should disclose whether asked or not. Usually, if the seller knows about any defects that are not readily apparent, he or she should disclose them to the buyer, whether or not the buyer directly asks. This will greatly reduce the chances of the seller being held liable for any defects.
Of course, buyers are also expected to conduct due diligence. In a case for nondisclosure, courts won't reward a lack of diligence.
In general, buyers of real estate have to conduct diligent inspections of property they wish to purchase. A failure to do so might keep the buyer from recovering if they're injured by a defect which they could have discovered.
Can a Barnwell, South Carolina Real Estate Attorney help?
As you can imagine, there are many more legal and financial issues that can affect the outcome of a real estate transaction. However, buying a house is also a very exciting time for most people. A reliable Barnwell, South Carolina real estate attorney can help you focus on the positive aspects, and avoid dealing with the most difficult and tedious (but nonetheless necessary) aspects.
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When the group of eight teenagers were first referred to the Preda Home for Girls in the Philippines, they were still in shock after being taken into police custody during a rescue. What they did not realize was that they had been victimized and exploited by unscrupulous human traffickers and used like sex slaves by male child abusers.
They had been brainwashed like kindergarten children. They were easily persuaded and convinced they were good for nothing other than earning a pittance as sex workers. They believed it without question. Their parents told them it was a job. They had been colluding with the traffickers and brothel owners.
Some victims of human trafficking are given false promises and money in advance of being abused. They owe debts to the traffickers and are scared to run away. They are captured and enslaved into debt bondage. It is a cruel form of control and exploitation, a kind of slavery like the days when millions of Africans were chained in ships and transported to the Americas and sold like animals in a human auction.
The human traffickers of the slave trade were exalted, admired and had statues erected to them as if justifying their evil trade. It is high time to undo that cultural criminal mindset which held that people were objects to be owned, things to be used and property of their owners to be bought and sold. It still exists today in the brothel and sex bar industry and online child sexual abuse.
Most of the money paid by child sex abusers goes to the human traffickers and brothel owners. The corrupt business people, politicians and police that protect the evil trade in innocent, vulnerable humans get a cut. They stink like a den of dead rats.
The United Nations has declared July 30 of every year as World Day against Trafficking in Persons, and this year they are asking all citizens that support human rights to be aware and supportive of the first responders. These are the dedicated people who rescue, protect and heal victims and give them a life of dignity and respect.
The UN says that women make up 49 percent and girls 23 percent of all victims of trafficking. Sexual exploitation is the most common form of exploitation (59 percent) followed by forced labor (34 percent). Most victims are trafficked within their countries’ borders; those trafficked abroad are moved to the richest countries.
The trafficked people are tricked, cheated, bound in debt, threatened and abused. Hundreds drown in the Mediterranean or are sexually abused or killed. Migrant seasonal workers from Morocco are sold like slaves to Spanish strawberry farms. Hundreds are cheated, abused and exploited and made to live like animals, Euro News revealed recently.
On French farms, it is similar. The workers have few or no rights. The farm boss is the cruel king of the workers, and fear rules their lives. Consumers can change that injustice by boycotting Spanish and French farm produce by telling the supermarket managers that they want local Fair Trade products, not the food of exploitation.
The eight children at the Preda Home for Girls are slowly recovering from trauma and discovering that they are good, have rights and dignity and a better future. With therapy and education, they are emerging from a dark fog of ignorance to the light of understanding.
With the support of agencies and individuals who care for the children and victims of trafficking, the Preda homes provide shelter, protection, therapy, counseling and empowerment. This enables the victims to become survivors and resilient in overcoming the trauma of being exploited so that they are empowered to fight back against their abusers and traffickers and win as many as 20 convictions a year.
The responders and healers are the people seeking justice with the victims and survivors and challenging the dead rat-infested system of corruption and impunity that allows and promotes the human trafficking of vulnerable and needy people.
The social workers, house parents and therapists in the Preda homes for abused children are good examples of successful healers and protectors. The advocacy team promotes the campaign against human trafficking and exploitation. Prevention is what we need as much as healing and recovery.
The Preda team is challenging some corrupt politicians that allow and enable brothels and sex bars to thrive by issuing licenses and permits. Even in the middle of the pandemic, these dens of iniquity, causing pain and hurt, are allowed to continue operating and using women and minors to earn huge sums of money.
The internet can be the curse or the cure of human trafficking. But when the internet service providers (ISPs) allow it to be used freely for child abuse and human trafficking, without obeying the law that requires them to install blocking and filtering software, they are allowing children to be destroyed, spiritually killed and devoured by their cronies and investors like the Komodo dragons of Indonesia feasting on their victims.
When the telecommunication corporations fail to install the sophisticated software powered by effective artificial intelligence, then they are the curse of the internet. The evidence against them is seen in the child pornography and online sexual abuse of children passing through their servers to and from pedophiles, human traffickers and pornographers.
Human trafficking and worker abuse are everywhere. Let us work together with good law enforcement and the caring public and use social media to campaign and expose the evil and help to bring it to an end by standing up for truth and goodness.
Irish missionary Father Shay Cullen, SSC, established the Preda Foundation in Olongapo City in the Philippines in 1974 to promote human rights and the rights of children, especially victims of sex abuse. The views expressed in this article are those of the author and do not necessarily reflect the official editorial position of UCA News.
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- 1 What documents do I need to register my car in Missouri?
- 2 What do I need to relicense my car?
- 3 What do I need to get plates for my new car in Missouri?
- 4 Can you register a car in Missouri with an out of state license?
- 5 Can you drive a car without plates if you just bought it in Missouri?
- 6 Do you need an inspection for temporary tags in Missouri?
- 7 Can DMV waive late registration fee?
- 8 Can a salvage title be cleared?
- 9 Is the DMV open on Saturday?
- 10 How much does it cost to register a vehicle in Missouri?
- 11 How much is property tax on a car in Missouri?
- 12 What happens if you don’t pay personal property tax on a car in Missouri?
- 13 What year vehicles need inspections in Missouri?
- 14 Can someone else register my car for me in Missouri?
- 15 Is there a grace period for expired tags in Missouri 2021?
What documents do I need to register my car in Missouri?
How to Register a Car in Missouri
- The ownership documents for the vehicle like the title.
- A signed copy of the Application for Missouri Title and License.
- Your current insurance card for your vehicle.
- Present your Missouri vehicle inspection documents.
- Your VIN and odometer reading.
What do I need to relicense my car?
In order to do so, in most states, you will need proof of car insurance, the car’s title, and your driver’s license or other form of ID. 2 You will also need to pay a fee and put a license plate on your car to show that it has been registered.
What do I need to get plates for my new car in Missouri?
To purchase new license plates for a vehicle, bring the following items to any Missouri license office: ☑ The Certificate of Title that properly assigns ownership to buyer or Manufacturer’s Statement of Origin; ☑ A signed Application for Missouri Title and License (Form 108); ☑ An original, or a copy, of the paid
Can you register a car in Missouri with an out of state license?
How to Register your Out-of-State Vehicle in MO. If you have just moved to Missouri, you cannot register your vehicle with the Missouri DMV if you have not established residence within Missouri. To be considered a Missouri resident, you must provide one of the following documents: Copy of Missouri driver’s license.
Can you drive a car without plates if you just bought it in Missouri?
Missouri. You, you can drive a new car home without license plates in Missouri within 30 days from the day you buy the car. If you do not obtain your license plate after 30 days, you will be fined $25 on the 31st day.
A temporary tag will cost you $11 as of 2020 – a $5 license plus a $6 processing fee. That’s not too prohibitive, but then you must pay for that safety inspection if you’re not purchasing a new car.
Can DMV waive late registration fee?
With authority granted under today’s executive order signed by Governor Gavin Newsom, the DMV is: Waiving late fees and penalties for vehicle registration renewals due between March 16 and May 31, 2020, and paid within 60 days of the original expiration date.
Can a salvage title be cleared?
Typically, once a vehicle’s title has been branded as salvage, it will never go back to the way it was titled before. To remove a salvage title, you will need to purchase the car, have it repaired, get it inspected, and file the correct paperwork.
Is the DMV open on Saturday?
The DMV is now open on Saturdays. Not all DMV locations, but more than a handful. See the list below to find a DMV office near you which is open on Saturdays. The DMV is not open on Sundays or holidays.
How much does it cost to register a vehicle in Missouri?
$8.50 title fee; Registration (license plate) fees, based on either taxable horsepower or vehicle weight; $6.00 title processing fee; and. $6.00 registration processing fee for a one year registration or $12.00 registration processing fee for a two year registration.
How much is property tax on a car in Missouri?
The study collected data on vehicle property and real-estate property taxes in each state, measuring states based on effective tax rates and average annual taxes. In regards to vehicle property taxes, Missouri had a 2.50% effective vehicle tax rate and averaged $623 for annual taxes on a $25,000 car.
What happens if you don’t pay personal property tax on a car in Missouri?
Homeowners who fail to pay their property taxes in Missouri will likely face a tax sale, which is a public auction. But the winning bidder at the sale doesn’t immediately get ownership of the property.
What year vehicles need inspections in Missouri?
The new law will require inspections for vehicles more than 10 years old, or with at least 150,000 miles. The new law takes effect Aug. 28, Parson’s office said. The new rules will mean an estimated 1.1 million vehicles in Missouri that are 5 to 10 years old will no longer need an inspection.
Can someone else register my car for me in Missouri?
Bring in the title documents, proof of insurance, signature form (TR-212a), and payment, and we will register the vehicle without the owner in the office. The Power of Attorney is a one time use, original document that cannot be copied or used for anything other than registering a vehicle for someone else.
Missouri Car Registration Renewal Grace Period Renewals can be processed up to 6 months before the expiration date. If you renew after your registration expires, you will be charged a late fee.
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Car Insurance System Failing According To Former Head Of WSIB
Recently, the Ontario government quietly released a report called “Fair Benefits Fairly Delivered: A Review of the Auto Insurance System in Ontario“. It’s the latest inquiry into Ontario’s car insurance regime. As lawyers practicing personal injury law for many years, we’ve become intimately familiar with the complicated mess successive governments have created in their pursuit of balancing compensation for those who are injured, with keeping premiums affordable in a mandatory car insurance system.
Some of the statistics in the report, authored by the former CEO of the Workplace Safety and Insurance Board (WSIB), Mr. David Marshall, are staggering. Ontario insurance companies collect $10 billion dollars in premiums each year to cover millions of drivers and passengers, and there are only 60,000 injury claims of various severity made annually. We pay the highest premiums in the country according to the report, despite the lowest fatality rates and the second lowest injury rates in North America.
Somehow, despite the massive cash injection, getting fair compensation to injured people in a user-friendly system seems to be impossible. Why is this? The issue is systemic says Mr. Marshall.
1) The No-Fault Benefit Rules Are Too Complicated
Mr. Marshall identifies the complexity of the Accident Benefits laws and regulations as a major problem with the current system. It is doubtful anyone who’s had experience with the system would disagree. As the Honourable Justice Quinn of the Ontario Superior Court observed in the 2003 court ruling of Mercier v. Royal SunAlliance: “Woe be to the injured person caught up in the world of accident benefits who does not have a lawyer in the family. Anyone able to fully understand the SABS should be entitled to claim bilingual status.” It was true then and it is even truer today.
The forms, the demands for personal medical records, examinations under oath, and a multiplicity of “insurance medical” examinations seem to confront anyone who has the temerity to apply for the benefits that they paid for through their insurance premiums. It is an utterly exhausting and entirely unsympathetic experience for someone who’s trying to recover from a serious car accident.
Mr. Marshall proposes reducing the Insurance Act and regulations to only very broad principles for medical and rehabilitation entitlements, and leaving it to a regulator to issue policies interpreting what should or should not be allowed. This is exactly how the WSIB deals with claims. While this may have the benefit of eliminating the immense number of forms and processes that are required in even the most minor claims, the question is – will it result in a fair system to injured people?
2) The No Fault Regime Is Too Adversarial
The report has found that insurance companies are not there to help people obtain the benefits they need. Insurers take an adversarial approach and they use all of the tools that the regulations provide them to challenge vulnerable injured people. While Mr. Marshall seems to suggest that lawyers contribute to an adversarial environment, the reality is that most injury victims are grateful for the legal help they need. It truly is a David v. Goliath battle for injured people.
Many people only seek out a lawyer because they still need care and insurance companies are more concerned with their bottom line. The report indicates that insurers are spending tens of thousands of dollars disputing paying more than the minor injury guideline amount towards benefits of $3500 of rehabilitative care. Yet the average claim cost for no fault benefits is only $11,556.
The report suggests that the insurance denial driven model, results in injuries becoming prolonged and chronic, and resulting in the need for further medical care, exacerbating the problem. As the report states: “Worst of all the injured person is not well served by extending their disability.”
3) Change The System From A Cash Model To A Care Model
The report tells us that more then half of all accident benefits claimants are subject to an independent insurer’s examination on the request of the insurer, seeking to deny their treatment plan. Significant benefits are being paid to obtain expert opinions. As Mr. Marshall observes “expenditures not going directly to the benefits of claimants is threatening the very foundation of the system.”
Once again, the answer to excessive expenditures on disputing claims comes from Mr. Marshall’s experience as CEO of the WSIB. Mr. Marshall suggests the government establish a roster of neutral hospital based assessments centres. Care assessments by these facilities would be binding on both the injury victim and the insurer for no-fault claims. Which means they could not be challenged. This can work if both sides are confident in the fairness and objectivity of the assessments. However, years ago we had a similar system of Designated Assessment Centres. DAC’s were supposed to be a “neutral” opinion, however the system was later abandoned by the government.
Mr. Marshall also recommends that adjusters be modified to case managers who have expertise in medical and rehabilitative care. It is difficult to imagine the cultural shift that would have to take place for this to become a fair and effective reality. Although many of his recommendations are taken from the current WSIB system, Mr. Marshall does not recommend a public (non-profit) car insurance system, like ones already existing in some other Provinces. This ignores the reality that profit-seeking insurance corporations and their adjusters are in an inherent conflict when charged with the responsibility to eat into their own profits in order to deliver accident victim benefits fairly on an ongoing basis. Personal injury lawyers serve their clients to level the playing field to ensure seriously injured victims get the care they need, despite the almost insurmountable obstacles that stand in an injured person’s way, thanks to the complex and onerous legislative framework.
4) Eliminate Cash Settlements
Mr. Marshall recommends the elimination of any sort of cash settlements for medical and rehabilitation benefits. The report indicates that that insurers have an interest in settling claims so that they can release capital they would otherwise have to keep in reserve to pay for long term care needs of claimants.
Most injured victims who have experienced the denial driven system would be horrified at the prospect of always having to look to an insurance company every time they need treatment. Having some control over one’s own care and treatment and being able to select, and develop relationships with care providers of their own choosing, is a very important right for individuals. The benefit of cash settlements to injured people is it gets insurers out of their lives and allows them to control and manage their own care.
5) Changes To The Right To Sue The At Fault Driver
While the report is focused on “fair benefits fairly delivered” Mr. Marshall’s recommendations about the at fault law suit system are conspicuously silent on the threshold test for car accident victims and more importantly, the fact that the insurance companies get to keep the first $37,000 (the deductible) of the injured person’s award. There is nothing fair about these restrictions, and they inevitably lead to a large percentage of those insurance premiums going to fight claims rather than settle economically at far less cost.
While David Marshall has identified some significant problems with the current system, his solutions appear to be premised on his success at the helm of WSIB, it is no doubt that this was the reason the government perhaps called on Mr. Marshall to conduct the review. However, as WSIB lawyers, we have first hand experience with many seriously injured workers whose benefits have been reduced or cut off under the WSIB regime, while they are still in need of care and cannot go back to work. Mr. Marshall’s solutions appear to be premised on a utopian notion that private insurance companies will put the well being of injured people above their profits.
There was a time in Ontario when the right to sue was considered fundamental to the rule of law. What we see happening for many years now is this right being legislatively eliminated through the establishment of laws and tribunals which make it difficult, if not impossible to access the courts, and obtain reasonable compensation for the very real losses that people have suffered.
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Commission Nixes Later Last Call for Strip Club
The Lauderhill City Commission spent about an hour last night considering the request of a strip club, Vegas Cabaret, to serve alcohol for an additional two hours each day. City law prohibits adult establishments from serving alcohol after 2:00 AM.
Vegas Cabaret’s manager made a presentation where he hyped his credentials as an expert in strip club management. Under his leadership, the establishment has thrived, making it one of the most successful adult clubs in South Florida. He explained that a professional choreographer had been hired, and employees are given assistance with earning their GED’s.
The manager stated that he was willing to abide by the numerous recommendations made by city staff, such as building a wall between the back of the club and houses in Inverrary. He also talked about the steps that were being taken with security, such as scanning ID’s and hiring armed security guards.
He also offered to “meet the city half-way.” Adult clubs are allowed by city law to stay open 24 hours a day. Vegas Cabaret would agree to close at 4:00 AM if the city would allow them to serve alcohol between 2:00 and 4:00.
Commissioners were skeptical. Apparently Vegas Cabaret receives quite a few police calls. There is an average of ten police calls per month. Some of the incidents were minor, such as loitering or disorderly conduct. Other incidents were far more serious, including stabbings and shootings. In one such episode, a security guard employed by the club fired a warning shot into the air outside the club.
The club manager tried to explain the incidents as a combination of Lauderhill’s high crime rate and the success of the club. Commissioners were not pleased and noted that the crime rate in Lauderhill has been falling.
Seeing that the Commission was going to turn down the request, the club’s attorney asked that the matter be tabled for six months so that they can have time to clean up their act. Commissioners declined and unanimously voted down the proposal.
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Complaints from travellers have ‘exploded’ due to lack of refunds for trips cancelled because of Covid, says the financial European Court, which has condemned governments and airlines for a lack of action.
Travellers’ right to a refund has been “widely scorned, not to say trampled” during the Covid-19 crisis, said the European Court of Auditors (ECA), the court that manages the EU’s finances.
Tens of millions of passengers were affected in 2020 when the Covid-19 pandemic grounded planes and cancelled holidays. EU law states that in case of cancellations, especially of flights, airlines are legally required to reimburse travellers, and not just offer them an exchange or voucher for a future trip.
But today (June 30), Annemie Turtelboom, member of the ECA, said that the number of complaints about non-refunds of flights had “literally exploded from March 2020, and [the issue] will have affected hundreds of millions, and doubtlessly several million across Europe”.
She explained that airlines had not communicated definite figures.
She told FranceInfo: “As strange as it seems, no-one in Europe, not the European Commission, nor the member states, know [how many are affected]. We have asked in vain; it’s radio silence.
“We haven’t obtained any figures; these are kept by airline companies, who consider these numbers to be very sensitive from a commercial and financial point of view.
“We find ourselves in a situation where everyone knows that there are victims, but no-one wants to know. In the ECA, we have meanwhile estimated that there were at least 50 million cancelled tickets, which the companies have not refunded.”
At the height of the pandemic cancellations, several companies were declining to offer refunds and instead asking passengers to accept exchange vouchers. Some even removed their refund website pages altogether.
This is despite it being “a requirement” that companies offer an “electronic form in the passenger’s language that allows automatic refunds if you provide a valid reason”, Ms Turtelboom said.
“But, too often, the client is caught in a game of ping-pong between the airline company and the travel agency, with each saying it’s the other’s responsibility.”
At the same time, airline companies requested - and were given - record government bailouts of almost €35 billion due to the Covid crisis.
Ms Turtelboom said: “Our governments could have or should have insisted that the granting of public aid be linked to the reimbursement of passengers. But no European Union country did that.
“In other words, we, as passengers, have become the bankers for airline companies in difficulty. What surprised us, is that governments accepted this situation.
“Worse, they gave it their blessing; this violation of European legislation. In France, a law voted through urgently allowed agencies to issue vouchers, without offering refunds.”
A total of 15 EU member states, including France, allowed airline companies to waive their obligation to offer refunds in the first months of the health crisis.
This measure ended on September 15, 2020, but many travellers have stated that they are yet to receive any refunds at all.
Late last year, leading French consumer association UFC-Que Choisir began to bring legal action against 20 airlines in the Tribunal de Grande Instance de Paris, after lawyers said that many airlines were only paying out refund requests if they had been legally forced to do so.
Even after Brexit, EU refund law continues to apply to all trips departing from the EU, including France; and to trips to an EU destination from the UK, if the transport company is registered in the EU.
Has Brexit changed UK-France ferry and air travel refund rights?
Missed a flight in France? A mediator can help you claim compensation
Airline passengers are still waiting for Covid-19 refunds
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You are fired!
many scholars worldwide have tried to find better ways to fire employees, especially those who do not fall into the saboteur bucket. But for those who do, there is no better way than the standard Trumpian “You’re Fired!”
These words are legendary and are any employee's worst nightmare. It's perfect for an employee who is out to harm a business, you know, the cancer that ends up eating away your organisation. They either steal from the company or are downright incompetent.
Employees react differently to different firing methods. Every employee, including the cancerous ones, generally like being praised even as they get fired. You know, something like: "You did a good job here and we have no doubt that you will succeed in whatever you choose to do next"...
That's rubbish! An employee must know that they are being fired [and that being fired is not good]. That way, they will not repeat the same offence wherever they may go thereafter.
Call the employee to your office and tell them exactly what the problem is and then end the conversation with; "You are fired!" This might sound like a statement that may hold aggravating legal risks but it actually doesn't. Stick to the basics. Say as little as possible, get the person out of the office quickly and have them sign a separation document agreeing not to contact clients or sue.
Make sure the email is scanned and computers are confiscated. Let a security guard and the HR escort them out of your office to gather their belongings and surrender all company stuff. This is because terminated employees can’t be trusted and may have criminal intentions. Give the employee 15 minutes to pack up personal belongings and be escorted out of the front door.
According to a study I once read sometime back on the Journal of Business Ethics, having a third party in the room “is viewed as demonstrating a lack of respect.” But don't worry, because it is actually security for you. Terminated employees often have different reactions, volatile mostly - depending on how the firing has affected their personal or professional lives. It is a known fact that employees terminated this way are more unlikely to sign the severance document and are most likely to sue. But worry not, because that's just a normal emotional reaction. Provided you make clear with regards to the reasons for their termination, they will find going to labour courts and involving expensive lawyers to be a waste of their time and money. After all, a smart employee will always heed the warning signs that their job may be in jeopardy and exit on their own terms after acknowledging the offence.
I know saying the words "you are fired" is hard to tell some managers and are known to hurt employees. But it serves as a lesson.
Kind words and treatment with dignity must be reserved for employees let go for reasons like redundancy and others. It may leave a bad taste in the mouths of the employees left behind but equally important is the fact that they will [no doubt] heed the consequences of foul play or incompetence. The best lesson for a terminated employee will forever be the treatment they received on their way out.
"You are fired" should be followed by "Get your numb nuts outta here!"
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“So, you lower your taxes by means of a Cypriot company as former tax haven” mutant with offshore laws Cyprus accession to the EU in May 2009 to a preferred business location in Europe, whose legal basis has been consistently aligned to EU and OECD regulations. According to the definitions of the EU and the OECD, not Cyprus therefore is now one of the tax havens and will thus enjoy of full pan-European recognition of its tax incentives. In Cyprus based companies all over Europe and worldwide fully recognised and are subject to not the special treatments”, offshore companies are confronted with. Cyprus applies, as for example in Germany, the principle of taxation of worldwide income. The EU parent subsidiary directive is fully in Cyprus have been implemented. Thus subsidiaries that pay dividends to their parent company, don’t have to pay tax on the dividend at its own headquarters! A subsidiary in Germany dissipates so tax-free winnings in Germany to the Cypriot parent company. In addition offers the advantage that from Dividends originating company income (, the income of the holding company) is generally exempt from any tax. Otherwise the general corporate income tax amounting to 10% of the taxable profits.
Income from companies that conduct their business outside of Cyprus and whose Executive Board is outside Cyprus, are exempt from corporation tax. Income from appreciation of securities, as well as from trading in securities is excluded in principle from any tax in Cyprus. Offshoregesellschaften of other States will act as? onar Cypriot companies recognized. Interest income is subject to any income tax on accounts of residents in Cypriot banks. Click Siemens to learn more. A wide network of extremely favourable double tax treaty provides additional incentives. For this reason, many companies prefer to make their investments in other States about a Cypriot company.
For example Russia, Russian companies pay 15% withholding tax on dividends to foreign shareholders. As a result of the double taxation treaty between Russia and Cyprus, are subject to profits of Russian companies to Cypriot companies of but only a withholding tax of 5%. For this reason, there are today approximately 60% of all foreign investment in Russia of Cypriot origin. The Republic of Cyprus offers sophisticated legal tax advantages, in line with EU and OECD regulations. “To fully perceive this, without running the risk of the own tax office of the hobby” accused or making an ticket company “suspected to be, we recommend you to use experienced consultants and lawyers. Otherwise, errors can lead to unpleasant consequences. Typically, a 08/15 company off the shelf as it is offered by some startups, does not lead to the desired success. Especially really very consultants and lawyers really with the subject understand, in particular as regards the German legislation. Because the reason of a restructuring involving a Cypriot society in general more favourable tax We recommend also sound advice and assistance even after the Foundation. Because the goal is not the unique company was founded, but the continuous optimisation of tax Yes. Who want to save hundreds of thousands of euros every year, but thinks, trying to save a few thousand euros to constant advice and support, not saving certainly at the right end. Shanda consult offers you a comprehensive and thorough service that ends not with the company, but begins with you.
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[I found this at the site: http://www.wesurroundrochester.com/boards/view/viewthread?thread=8842573 ]
Nancy Pelosi and Barack Obama told the American people that they will learn what is in the health care bill once it is passed. For once, they’re right.
Hidden in the fine print of the health care bill is yet another entitlement program that is being foisted on already overburdened American workers. The program purports to offer long term care, and hidden in the fine print is a new government right to automatically deduct $146.00 to $240.00 a month from the paychecks of unsuspecting workers.Devin Nunes (R-CA) explains:
“This is a really scary proposition. The government passed a huge new entitlement program with gimmicks and tricks, and the American people don’t know that they’re going to be automatically enrolled in this by their employer if they don’t watch out.”This new program was not debated, discussed or analyzed by the public at large. Americans, once again, have had no say in another government entitlement scheme that Joe Six-Pack and Suzy Homemaker will be on the hook for.
If you’re one of the lucky few that still gets a paycheck, be advised that your employer is going to automatically enroll you in this latest money grab by the government. Of course, you have the right to opt-out. Once you find out about it.
One can only hope that the opt-out procedure won’t be as complicated as the opt-out provision for union membership. If it is, you could be paying this monthly donation for months, or even years, until your opt-out application is perfected and processed.
Have you had enough yet?http://www.newsrealbl/...
Tax Freedom Day!
[Tax Freedom Day is the first day of the year in which a nation as a whole has theoretically earned enough income to fund its annual tax burden. It is annually calculated in the United States by the Tax Foundation. Every dollar that is officially considered income by the government is counted, and every payment to the government that is officially considered a tax is counted. Taxes at all levels of government—local, state and federal—are included.
The concept of Tax Freedom Day was developed in 1948 by Florida businessman Dallas Hostetler, who trademarked the phrase "Tax Freedom Day" and calculated it each year for the next two decades. In 1971, Hostetler retired and transferred the trademark to the Tax Foundation.]
I don't see how--given all the obama spending--but "Tax Freedom Day-2010" is projected to be the same as last year..... April 13th.
This means that hypothetically, every dollar; every cent; the American worker earns through April 13th will go to pay their share of local, county, state and federal taxes!!Til Nex'Time....
Point-to-ponder: Over 120 MILLION Americans pay NO TAX at all!!
Many of those get rebates of TAXES THEY DIDN'T PAY!!
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The challenges currently facing Afghanistan and the US-led international coalition are cumulative. They did not pop up overnight. They have been evolving since the Taliban was driven from power in late 2001. In the case of narcotics trafficking, failure to properly assess the problem's causes and effects is encouraging misperceptions.
The problem of narcotics has been brought upon our country by the past three decades of war, destruction, and human suffering. We know from international experience that global demand for narcotics finds supply in environments where state institutions are weak, where general instability is high and where poverty is rife.
Although Afghanistan is coping with such dire conditions today, the number of drug-free provinces in the country has increased from six in 2006 to 18 in 2008 -- meaning that no opium poppies are harvested in more than half of Afghanistan's 34 provinces. This significant progress has been achieved in provinces where the government is in firm control, delivering alternative assistance to farmers and prosecuting drug traffickers.
However, where the writ of the government is weak or absent from the very beginning, poppies have continued to bloom, despite the presence of international forces. Indeed, 98 percent of all of Afghanistan's opium is grown in just five narco-provinces in the southwest (Helmand, Kandahar, Uruzgan, Farah, and Nimroz). In these areas, there is a permanent Taliban presence, and organized criminal groups remain strong, according to the United Nations Office on Drugs and Crime (UNODC).
President Hamid Karzai has said repeatedly that "if we do not eliminate drugs, drugs will eliminate us." Of course, fighting narcotics is not Afghanistan's business alone nor can the government do it by itself unless it receives help from our allies and those who join us in the belief that narcotics is a common enemy of the whole international community -- one that takes millions of young lives across the world every year, one that causes HIV/AIDS, one that finances urban violence and crime, and one that increasingly fuels global terrorism and funds the Taliban's brutal terrorist activities in Afghanistan and Pakistan.
US President Barack Obama's administration seems to understand the need for a comprehensive solution. In his remarks on the new US strategy for Afghanistan, Obama stressed a need for non-military forms of assistance. "To advance security, opportunity, and justice -- not just in Kabul, but from the bottom up in the provinces -- we need agricultural specialists and educators; engineers and lawyers. That is how we can help the Afghan government serve its people, and develop an economy that isn't dominated by illicit drugs," Obama said on March 27, as he introduced the new US strategy for Afghanistan.
In the Afghan context, it is clear that the best weapon against narcotics is gradual, but steady prevention in the form of improved governance and rule of law, sustainable alternative development, and increased security. Quick fixes such as forced eradication of poppy crops merely target the effects of poppy production, not its underlying causes. We know from international experience that eradication alone is ineffective. Decreases in cultivation in one area can simply lead to increases in another, and news of impending eradication efforts can provoke growers to disperse cultivation over a larger area, much like investors diversifying portfolios to hedge risk. Counter-narcotics efforts, then, must be enacted contemporaneously across the country in a strategic manner.
Above all else, farmers must be given the opportunity and necessary resources to grow alternative crops. The problem is exacerbated by the fact that most Afghan farmers are sharecroppers, whose landlords dictate what they can grow. Consequently, the high-value opium poppy is the crop of choice.
Liberating farmers from this cycle of dependence requires that they have access to both land and alternative financing, in particular micro-lending. Further, to make alternative crops more lucrative to farmers, investments in infrastructure are needed. In addition to supplies of water, seed and fertilizer, farmers must have access to reliable farm-to-market roads or to cold-storage facilities to preserve products for later export. Today, besides the increasingly insecure ring road connecting Kabul to Kandahar, Afghanistan lacks a road system, and only about 9 percent of the population has access to electricity.
Once effective alternatives are available, farmers would have an incentive to try to transition away from poppy cultivation without paying a financial penalty. An initial grace period could be extended, beyond which noncompliant farmers would face crop eradication and criminal prosecution.
To be effective, counter-narcotics efforts must target all players in the long chain of the opium trade, including traffickers, distributors and dealers, who pull in about 80 percent of the export value of Afghan narcotics. Essential to the prosecution of these kingpins is a functional justice sector, with coordinated law enforcement and judicial activities. Inadequate compensation, training and equipment currently limit the ability of the approximately 8,000 Afghan policemen and 1,500 judges from effectively combating this threat.
The international community recognized these shortcomings in the justice sector and their deleterious effects on the counter-narcotics mission at the very first and last Rome Conference on the Rule of Law in Afghanistan in June 2007. With $360 million pledged and a timetable established for instituting a National Justice Program, the conference outlined much-needed reforms. This conference underscored how staggered, long-term reforms to the justice sector are vital, especially at the provincial level.
But even with international support, trans-national drug traffickers will continue to permeate Afghanistan's borders and undermine the rule of law in the absence of coordinated prosecution and enforcement efforts among Afghanistan, its neighbors and consumer countries. We need proactive regional cooperation to implement the United Nations Security Council resolution 1818 of July 2008 to curb the flow of precursor chemicals into Afghanistan and export of narcotic products out of our country to the end markets through neighboring states.
The tenets of Islam, Afghan culture and the Afghan legal system all prohibit the production, consumption and trafficking of drugs. Poor Afghan farmers would honor these tenets right away if they were given a legal and viable option. Poppy cultivation has declined 19 percent over the 2007-2008 period, but this success could be reversed if we do not deliver an effective combination of carrots to aid poor sharecroppers and sticks to enforce the law against high-value drug traffickers as the main drivers of drug production in Afghanistan.
The international community must review and effectively double their counter-narcotics efforts on the global and regional levels, and to recommit firmly to providing Afghanistan with long-term law enforcement and alternative development resources to win the drug war in the country.
M. Ashraf Haidari is the Political Counselor of the Embassy of Afghanistan in Washington, DC. His e-mail is [email protected].
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CHICAGO (CN) – After a natural gas explosion, two of three excess insurers of Rockwell Automation Inc. are not responsible for post-judgment interest, the 7th Circuit ruled.
Rockwell was found 30 percent liable for a natural gas explosion at Kansas City Power & Light. Rockwell was ordered to pay $97.6 million.
National Union Insurance paid Rockwell $18 million to cover post-judgment interest and then sued the other two insurance companies to recover the money.
Judge Manion found that National Union chose and paid for the appellate attorney, so it assumed the defense of the case.
“It is unreasonable to read the (policy) terms as including post-judgment interest because there is a section specifically articulating then the insurer will pay post-judgment interest, i.e., when it assumes Rockwell’s defense.” Manion ruled.
The other insurers, Federal and Travelers, did not assume the defense, so National Insurance must bear the $18 million cost alone.
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Speaking at a lakeside Sota village in Rorya District, Mara Region on Tuesday, IGP Sirro said there is an ongoing security arrangement to secure the lake that brings police chiefs from three East African countries that share the water body namely Tanzania, Kenya and Uganda.
Currently, he said there is an ongoing investigation into reports that pirates from other countries have been crossing into the Tanzanian territorial waters and terrorising and robbing fishermen in Rorya District.
The impromptu tour was a response to pleas by the locals to meet the top cop in the country to hear their grievances on reports that armed pirates normally clad in foreign army uniforms repeatedly attack and rob Tanzanian fishermen on the Tanzanian side of the lake in broad daylight as well as at night.
“I have directed Tarime-Rorya zonal police commander Henry Mwaibambe to oversee the investigation and bring me the report for further action,” he said.
The police boss said the officers are pursuing a narrative that foreign criminals clad in army combat gear collaborate with some Tanzanian citizens residing in villages along the shores of the lake to commit the crime.
The IGP who also inspected a special police marine standby unit in the area said efforts are being made to supply the unit with modern speed boats and security equipment to enable them outdo the criminals' weapons.
He appealed for calm while the police do their job, arguing that it is important for civilians to be patient because the operation called for inter security state organs approach since the investigation will involved foreign neighbouring countries.
"This is not a simple petty crime; it requires an international assessment that will involve consultations and cooperation with other national and international security organs."
During the public rally at the village, residents, most of whom engage in fishing activities, complained that they were being robbed of fishing gear worth millions of shillings every now and then.
They said community policing had failed to arrest the situation because since the pirates normally arrive with speed boats and sophisticated weapons that outmatch crude weapons held by neighbourhood guards (Sungusungu).
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