DUI, Reckless Driving And Their Differences

Year after year, the number of accidents on the road increases and these accidents can be because of a couple of reasons and among these reasons are reckless driving and DUI. Sometimes people think that reckless driving and DUI is just the same thing which is definitely wrong. There are some differences between the two although they both have something to do with improper driving and are to subject to several levels of penalties. DUI or driving under the influence is more serious than reckless driving. A DUI charge can even be reduced into reckless driving charge depending on the extent of the incident.

When you are going to be charged with DUI, it means that you were driving a motor vehicle regardless of its type, under the influence of alcohol or any prohibited/illegal drugs. It also means that during the time that you were caught on the road, your BAC or blood alcohol content was beyond the legal limit. Most of the time or majority of the states considers 0.08% of BAC as the legal limit. Beyond the set percentage, you are no longer allowed to drive any motor vehicle. Reckless driving on the other hand is different. Even if your blood-to-alcohol did not go beyond the set limit, you can still be charged. This is because it can be charged to an individual when he/she is driving dangerously. For instance, when you were driving, it's as if you own the road and you did not care about the safety of other people with you. Even if you were not drunk at that time, you will still be charged with reckless driving.

When it comes to the penalties or punishments, it can vary from a state to another. For instance, in Michigan, they have very strict rules when it comes to DUI for the purpose of catching many drunk drivers and the safety of the people. Therefore, the penalties/fines are surely high and the punishments will really be heavy compared to those states who not implement very strict measures on the same case. Driving license suspension for a couple of months or a few months in jail are just some of the possible punishments for DUI when found guilty. The same idea applies when it comes reckless driving, it depends on the state and the extent of the case.

As mentioned earlier, DUI is a more serious offense compared to reckless driving so you might not need a lawyer when a reckless driving case will be filed against you. Perhaps you can settle down the case without any legal assistance. But when a DUI case is going to be filed against you, then you probably need a lawyer. Because it is a more serious offense, then you will definitely get more serious punishments in the event that you won't be able to get out of it. However, whether DUI or reckless driving, both should always be avoided to prevent any problems. And besides, why would you want to be involved in any of these cases when you always have the option not to?

Camelia Johnston enjoys writing for Drunkdrivinginmichigan.com which offers information on Michigan DUI lawyer and Birmingham MI DUI lawyer as well as a host of additional services.

Different Types of State, National or Local Lawyers

Are you planning to hire an attorney and encountered difficulties in choosing the right one for your needs? If yes, you are not alone because there are thousands of individuals out there who have trouble assessing the right lawyer for their needs.

With the thousands of lawyers found in the market, for sure, you are also confused on where to find and whom to hire. These problems should not hinder you from hiring the best to defend your case. Read the article below to gain useful tips and techniques on selecting the right attorney.

Searching the right attorney for your business, divorce, bankruptcy or fraud case is not easy because not all of them care and look after the welfare of their clients. With myriad lawyers around, it could be daunting and confusing on your part as to whom to choose. Lawyers are not equal and they have their own fields of specialization, like bankruptcy law, finance law, drinking under the influence (DUI) law and many more. You need different kinds of barristers for your different needs. It would be silly and impractical if you hire divorce lawyer for your tax needs or hire a DUI lawyer for your bankruptcy needs, thus you should carefully assess your needs first before considering who to hire.

Different types of attorneys:

• Divorce lawyers - they specialize in handling annulment and divorce cases. They can help you with financial planning, child visitation and custody, mediation and many more.
• Bankruptcy lawyers - they help you in handling insolvency and bankruptcy problems of individuals, organizations and companies. They assist you in avoiding property foreclosures and repossession.
• Civil lawyers - they handle lawsuits between individuals, companies and organizations. They tackle property disputes, marriage, divorce, wrongful death and malpractice.
• Criminal lawyers - they specialize in defending you from the criminal offenses you committed, like fraud, murder, robbery or larceny.
• Family lawyers - they tackle family-related issues, like paternity, domestic violence, adoption, child visitation rights or divorce.
• Malpractice lawyers - they help victims of professional malpractice, such as medical malpractice. Malpractice of medical professionals often affect victims' health, job or family.
• Accident lawyers - they help victims of accidents get the right compensation due them.
• Tax lawyers - they assist you with your tax returns and other issues related to taxes, such as tax evasion.
• Immigration lawyers - they worked with government agencies and assist you in any immigration-related problems.

After you determine what type of lawyer you need, you must then conduct research, surf the Internet and ask referrals from friends, relatives and colleagues on sources of lawyers. Short list candidates according to their experience, location, professional fees, license and track record. Before you decide which one to hire, ask first telephone numbers of their previous clients so you can call them and inquire about their performance. Know how many cases they have lost or won.

Make use of free consultations offered by some attorneys. It is a great opportunity for you to ask them questions, inquire about your case and ask list of client references.

Camelia Johnston enjoys writing for Drunkdrivinginmichigan.com which offers information on Michigan DUI attorney and Detroit DUI lawyer as well as a host of additional services.

What is Nationality Law?

Nationality law is concerned with defining the ways in which a country determines the ways the nationality and citizenship of its people is gained or lost. Nationality law is often concurrent with immigration, asylum and refugee law; these usually interact with each other. Though most countries have some kind of nationality laws, these laws are applied differently between countries and regions of the world. Here is a brief breakdown of nationality law as it is applied in the United States.

Nationality Law in the United States

Nationality law in the United States is concerned with the rights and responsibilities of citizens and the acquisition of citizenship. With regards to rights and responsibilities of citizens of the United States, citizens have the right to vote and fully participate in the US' political system (possible exceptions include any felons), are protected and represented by the US in different countries and overseas and are given residence in the US and its territories. Citizens are liable for jury service and are required to pay income and property taxes, as well as state taxes where applicable, and men eighteen and over have to apply for Selective Service.

People can gain citizenship in the United States various ways. The majority of US citizens are 'natural-born,' meaning they were born on United States soil to parents who are themselves citizens.

If you're born in the US, but don't have parents who are US citizens, you are still considered a US citizen have all the rights it accords.

If you are born abroad to US citizens, you are considered a citizen of the US, and depending on the rules of the country you're born in abroad, you may apply as a citizen there as well; this is called a dual citizenship.

If you are born abroad to one US citizen and a foreign person, you are considered a US citizen if one of your parents is a citizen who lived in the US at least five years prior to your birth after their fourteenth birthday.

Last but not least, you can become a US citizen through naturalization, wherein you must apply for citizenship to the United States. As part of your application, you must take a citizenship test and meet the criteria for becoming a US citizen, which can include residency for a certain number of years in the US, knowledge of the US' official language and various others.

MyAbogado.com is a popular legal directory that helps users locate legal professionals across the country while providing the legal community and litigation support providers with a low cost method to market their services to other professionals and members of the public across the country.

What Is Contract Law and Why Should I Hire A Contract Lawyer?

Contract law is a branch of the legal sector that deals with the legal binding and exchange of agreements between group or parties; in effect, a contract. A contract can be many things: verbal, written, even action oriented. If you buy a dress, for example, you're contracted to pay the amount of the dress to the merchant. Our daily lives are full of contracts and agreements, some, like the dress, which we don't normally think about.

What contract law does is protect, defend and examine contracts made between people, agencies, groups, organizations, etc. It falls under the civil law system and is considered part of laws surrounding obligations, or 'law of obligation.'

Much of the time, the sector of contract law is concerned with breaches of contracts and solutions to the problems that accompany these breeches. What most people don't know is that, contrary to what they may believe, an informal contract (one made orally, even lightly) can still be as binding and legal as a written contract.

Contract lawyers deal with everything from the formalities and details of a contract to its ultimate follow through. A contract lawyer will ideally ensure that the contractual terms of the contract are complete and in no way uncertain.

This is highly important because, if the terms of a contract are determined 'incomplete' or 'uncertain,' the contract is liable for severance. For example, if an agreement was made between two parties, and one party tried to break the contract, they might be successful if the contract is deemed uncertain or incomplete by a court of law.

In order to obtain damages for breaking (breeching) a contract, a person may bring a suit against the contract-breaker by filing a civil lawsuit usually in a state court. However, it is within their rights to petition a private arbitrator to hear their case as well. This is best practice in the United States; other countries may have similar processes.

Hiring a contract lawyer to help you out with this process is well worth your time, as they can help resolve any disputes you have with a contract and conversely, ensure a contract is solid and legal, without any uncertain terms that could be grounds for severance.

MyAbogado.com is a popular legal directory [http://www.myabogado.com] that helps users locate legal professionals across the country while providing the legal community and litigation support providers with a low cost method to market their services to other professionals and members of the public across the country.

DUI in California

There is no such thing as an open and shut California DUI case... there just isn't. The prosecution could charge you with driving with a BAC of. 20%, causing an accident, and being so drunk that you could barely stand, let alone drive a car.

And yet even assuming these facts are true... which they typically aren't... there are still a number of DUI defenses that could result in reduced or even dismissed DUI charges. This is why is it always critical to consult with an experienced California DUI defense attorney before making the decision to plead guilty.

20 Ways to Beat Your California DUI Charges

1. California DUI breath testing is subject to a wide variety of errors

California DUI breath tests are subject to a wide range of errors. These include (but are not limited to)

instrument malfunction,
improper handling by the police,
your physiological conditions (such as GERD or your diet, both of which are discussed below), and even
outside environmental factors (such as radio frequency interference, which is also described below).

While DUI breath testing is the most common way to measure one's BAC, it's not always an accurate one. This is because of the fact that a DUI breath test doesn't directly measure the amount of alcohol in your blood. It measures the amount of alcohol present in your breath and then converts that amount to determine the amount of alcohol in your blood. As a result, DUI breath testing is susceptible to a variety of outside influences that can generate an erroneously high BAC reading.

2. Mouth alcohol can alter the accuracy of your California DUI breath test

DUI breath testing instruments are designed to capture a sample of breath from your deep lung tissue (otherwise known as "alveolar air"). When residual alcohol lingers in the mouth... either because
dental work trapped small amounts of alcohol-soaked food in your teeth,
you burped or regurgitated, or
you suffer from GERD, acid reflux or heartburn (discussed below)...

the breath test instrument captures "mouth alcohol" rather than simply aveolar air. As a result, mouth alcohol can trigger a falsely high BAC reading on a California DUI breath test.

3. Medical conditions such as GERD, acid reflux, and/or heartburn can contaminate your DUI breath test results

Gastroesophageal Reflux Disease (more commonly referred to as "GERD"), acid reflux, and heartburn are all recognized medical conditions that create possible mouth alcohol situations. This is because these conditions produce a flow of acid that travels from the stomach into the mouth.

When this occurs just prior to or during a DUI breath test, the alcohol that travels from your stomach to your mouth disguises the deep lung air that the breath testing instrument is intended to measure. As a result, GERD, acid reflux, and/or heartburn can cause a falsely high BAC on a California DUI breath test.

4. A low-carbohydrate, high-protein Atkins-style diet or conditions such as diabetes or hypoglycemia can trick a DUI breath test and result in a false high BAC

Self-imposed conditions such as Atkins-style diets and medical conditions such as diabetes and hypoglycemia are actually capable of self-producing isopropyl alcohol. This is because bodies that are deprived of carbohydrates turn to stored fat for energy. This process produces ketones. Ketones, when eliminated from the body through breath and urine, convert into isopropyl alcohol.

The problem... with respect to DUI breath testing... is that most California DUI breath testing instruments aren't sophisticated enough to distinguish between this self-produced isopropyl alcohol and ethyl alcohol (the type of alcohol that we drink). As a result, Atkins-style diets or diabetes or hypoglycemia can trick a DUI breath testing instrument into producing a falsely high BAC. Similarly, diabetes can fool the breathalyzer and should be considered as a DUI defense.

5. "Rising Blood Alcohol" can mean your BAC was higher when you took the test than when you were actually driving

Alcohol takes a certain amount of time (typically between 50 minutes and three hours) to absorb into your system. If, for example, you had just recently finished drinking... and were investigated for DUI shortly thereafter... your alcohol may not have reached its peak absorption rate. When this is the case, your blood alcohol level is still rising, which can cause a false high DUI BAC result.

This is because your BAC at the time of your blood or breath test is irrelevant... what is relevant is what your BAC is at the time of driving. Just because you have a BAC that is above the legal limit when you submit to a DUI chemical test, does not mean that's what your BAC was at the time of driving... particularly if you were "on the rise".

Prosecutors like to assume that everyone is beyond their peak absorption phase when they submit to California DUI chemical testing. We know, however, that this isn't always the case and that rising blood alcohol is a very legitimate DUI defense. This "on the rise" defense applies to both DUI blood testing and DUI breath testing.

6. California DUI blood testing does not necessarily offer accurate readings

There are a variety of factors that could taint the results of your DUI blood test results:

Blood fermentation,
improper storage of your blood sample, and
blood contamination
are just a few of the reasons why your blood tests results might not be accurate. This is why we say that California DUI blood testing certainly isn't foolproof.

Depending on the circumstances surrounding the collection and storage of your DUI blood test, your California DUI defense lawyer may be able to have your BAC results excluded from evidence. If your BAC is suppressed, your charge under Vehicle Code 23152b driving with a BAC of at least 0.08% must be dismissed.

7. Violations of Title 17 of the California Code of Regulations can compromise your BAC results

Title 17 of the California Code of Regulations sets forth the requirements for collecting, storing, and analyzing DUI chemical tests. These regulations are very specific, and any violation of California's Title 17 can compromise your DUI BAC results.

This means that if, for example,

it's not a trained technician who draws your DUI blood sample, or
if the DUI breath testing instrument that you use hasn't been calibrated according to code,
your BAC could be excluded from evidence... or at the very least, its accuracy will be called into question.

8. If the officer didn't have probable cause to stop, detain, or arrest you for DUI, the evidence--and the case--may get thrown out of court

Before the police can

stop your car,
detain you to conduct a DUI investigation, or
arrest you for a California DUI,
they must have a reasonable suspicion or reasonable belief that you are engaged in criminal activity. This reasonable belief is a legal standard known as probable cause.

If an officer doesn't have the probable cause necessary before engaging in any one of these stages, any evidence that is obtained as a result of that illegal procedure will be suppressed. When a judge suppresses evidence, it means that the prosecution cannot use it against you. As a result, evidence obtained without probable cause usually results in reduced or dismissed California DUI charges.

9. The officer didn't advise you of your Miranda rights

Despite common misperception, Miranda rights aren't always required in a California DUI arrest. They are, however required when (1) you have been arrested, and (2) the officer is conducting a custodial interrogation. A "custodial interrogation" takes place when an officer asks you questions designed to solicit incriminating responses after you have been arrested.

If these conditions have both been satisfied, the officer must advise you of your Miranda rights or risk having any subsequent statements excluded from evidence. Depending on the significance of those statements, their exclusion could result in reduced or dismissed DUI charges.

10. There are innocent explanations for physical signs and symptoms of DUI

Most likely, the officer will claim that you exhibited

red/watery eyes,
a flushed face,
slurred speech,
an unsteady gait, and
had the odor of an alcoholic beverage on your breath.

Whether or not this description is accurate, the fact is that none of these signs or symptoms necessarily means that you are DUI.

And even if you were drinking, these characteristics don't in and of themselves indicate that you were under the influence of alcohol and/or drugs. Additionally, innocent explanations such as

fatigue,
allergies,
the sun,
physical injury,
illness...

can explain the physical signs and symptoms that are commonly associated with DUI.

11. California field sobriety tests ("FSTs") aren't accurate indicators of alcohol and/or drug impairment

Even the most reliable California field sobriety tests aren't accurate indicators of alcohol and/or drug impairment. The three tests that have actual data to support their trustworthiness are only between 65-77% accurate at detecting impairment... and that's only if they are precisely administered and scored (which is rarely the case).

And just like the innocent explanations that can account for physical signs of impairment, these same explanations can explain poor performance on FSTs. Additionally, factors such as

officer-induced intimidation,
bad weather conditions,
poor lighting,
uneven surface conditions, and
awkward footwear, such as boots, dress shoes or high heels

that have nothing to do with alcohol and/or drugs can cause an individual to "fail" his/her field sobriety tests.

12. DUI isn't the only explanation for bad driving

While the police like to think that all bad drivers must be DUI, we know this isn't the case.

Weaving, speeding, and even erratic driving are often a result of inattention or distraction. Maybe you were eating, trying to play a CD, or trying to pick up something that dropped, or distracted by your passengers.

The bottom line is that DUI isn't the only explanation for bad driving. The reality is that sober people exhibit moments of bad driving just as impaired drivers.

13. Just because your blood alcohol concentration (BAC) was over the legal limit doesn't mean you were necessarily DUI

Blood alcohol concentration (BAC) is affected by many different factors, not just the actual amount of alcohol in one's body. These factors include (but are not limited to):

errors in California DUI chemical testing equipment,
errors in obtaining your DUI blood, breath, or (when appropriate) urine sample,
your medical conditions, and
when you finished drinking alcohol.

Each of these factors can independently affect the accuracy of your BAC results, so don't let the number fool you... an illegal BAC doesn't necessarily mean you are guilty of DUI.

14. There are inherent error rates with California DUI chemical testing

Even assuming that all testing conditions are perfect... the testing equipment has been properly maintained and calibrated, and there aren't any physiological conditions that could adversely affect the test... there is still an inherent error rate with California DUI chemical testing.

Experts agree that California DUI chemical testing has a +/- error rate of between 0.005-0.02%. As a result, a California DUI defense attorney can challenge BAC results that are between 0.08-0.10%, since they could be lower than the minimum 0.08% required by Vehicle Code 23152b driving with a BAC of at least 0.08%.

15. California DUI sobriety checkpoints must adhere to specific legal requirements

If you were arrested at a DUI roadblock, there are a variety of issues that a California criminal defense attorney will investigate. California DUI sobriety checkpoints must adhere to very strict legal requirements... if they don't, you could be falsely arrested for DUI.

These legal requirements relate to the operation of the DUI checkpoint. Some examples include (but are not limited to):

having supervising officers organize and oversee the checkpoint,
making sure that the field officers follow a predetermined formula for stopping cars, and
publicly advertising the DUI roadblock.

If/when these requirements aren't satisfied, a California DUI defense attorney can effectively challenge your DUI arrest and subsequent charges.

16. Radio Frequency Interference (RFI) can contribute to a falsely high BAC result

Radio frequency interference ("RFI") can cause a California DUI chemical blood or breath test to produce an erroneously high BAC. This is because almost all electronic devices... such as those used to analyze DUI blood and breath samples... are susceptible to RFI or EFI (electromagnetic interference).

The electronic components in these instruments can be affected by nearby radio waves. Radio transmission from

patrol cars,
the automatic door-unlocking devices found in crime labs,
cell phones,
microwaves,
fluorescent lights, etc...

these are just a few examples of the types of equipment that are capable of interfering with DUI blood and breath testing results.

17. If you're not exhibiting signs of mental impairment, chances are you aren't DUI

With respect to alcohol and/or drugs, there are two types of impairment: mental impairment and physical impairment. Most of the impairment that officers claim people exhibit during California DUI investigations is physical. Officers routinely testify that those arrested for drunk driving exhibit

an unsteady gait,
poor coordination,
red/watery eyes, and
slurred speech.

However, experts agree that alcohol and/or drug-related impairment always presents itself in the form of mental impairment first. This means that if an officer testifies that you displayed physical but not mental impairment, your alleged impairment was unrelated to alcohol and/or drug use. As a result, if you weren't exhibiting signs of mental impairment, you probably weren't DUI.

18. Your DUI BAC doesn't accurately reflect your level of impairment

If a significant discrepancy exists between your BAC and your alleged level of impairment, something is wrong. This may be the case where you either (1) reportedly exhibited no impairment, or (2) exhibited even slight impairment, but your BAC was high... by even as much as two or three times the legal limit.

When this type of situation occurs (sometimes referred to as a "disconnect" case), and your DUI BAC doesn't accurately reflect your alleged level of impairment, the evidence can't be trusted... something just doesn't add up.

19. You weren't driving

It isn't enough for the police to prove you were under the influence... the crime is driving under the influence. If, for example,

you were involved in an accident and no one saw you driving the car, or
if the police found you when you were in your parked car,
it will be more difficult for the prosecution to prove one of the key elements of a DUI: that you drove. If the D.A. can't prove that you were driving, you can't be convicted of a California DUI. The "no driving" DUI defense should be considered anytime the police didn't actually see you operating the vehicle. And finally...

20. Even if you were DUI, police misconduct may absolve you of your DUI charges

If you can demonstrate police misconduct, then your DUI charges may have to be dismissed... even if you were actually guilty of DUI. This is because proper police procedures must be followed. For example,

DUI police reports must be accurate,
Title 17 procedures must be complied with, and
courtroom testimony must be truthful.

If these (or any other) conditions are purposely manipulated, evidence that was illegally obtained or fabricated will be suppressed. Depending on how severely this impacts the prosecutor's case, he/she may choose to reduce or even dismiss your charges.
By Mark Girdner

Tattoo and Tattoo Laws in the US

Tattoo is a form of body art where a design is permanently carved in the skin with the help of electric needles and ink. Tattoo word originated from the Tahitian term 'tatua' which means 'to mark'. This art form has existed in several culture and countries for centuries.

Tattooing is a well recognized art form in America. However, in last three decades this art form has undergone tremendous change, when people who were trained in traditional fine arts began to accept tattooing. These highly skilled artist developed entirely new sorts of sophisticated imagery and techniques.

Many people think that getting tattooed loved ones name on their body is a great way to express true love. For many it is a mark of manliness. In many case, people tattooed body in order to place protective or therapeutic symbols permanently.

Today, tattoo has become a fashion statement and young generation is simply crazy about it. However, tattoo has got several risks associated with it and as the popularity grows, so does the concern over it. To minimize the health risk and to regulate the tattoos, the tattoo laws are introduced by the American government.

US tattoo laws differ from state to state. However, the law regulates the following main area related to tattooing

• The cleanliness and healthiness at work place
• The safety at work place
• The law related to age and permission
• Laws related to minors

Government also makes sure that all the business related to tattooing must be registered under the local government. The local governing body has the power to inspect all these tattooing studio or parlor and can cancel their registration if found any malpractices.

Many city or state has very strict regulations about tattoo like

• If you are under 18 you are not allowed to get tattoo.
• Tattoos are not allowed on certain body parts like face.
• Any offensive image or words are not allowed to be tattooed.
• Artists are allowed to tattoo someone only in their studio.
• Foods are not allowed in the tattoo area.

So before putting your body under the tattoo needle check your local tattoo laws. Also you must be aware of the health risk associated with the tattoo. Feel free to interrogate the tattooist about the safety measures he is following, whether he has licensed or not etc. Your one proper decision will help you to prevent from many complications that may arise due to unhealthy practice of tattoo artist.
http://www.bodypiercingmarket.com/
By Kathy Katt

Overzealous Law Enforcement Strikes Again

Recently, six teenagers at a Pennsylvania high school were caught participating in a new fad called 'sexting'. Named as an obvious takeoff of texting, it is a practice in which one sends nude or semi-nude photographs of oneself, via a cell phone, to a peer - usually of the opposite sex. In this particular case, three girls had been taking and sending nude photographs of themselves to three boys. Besides being suspended from school, these teens, incredibly enough, now face much more serious consequences.

The girls are being charged with manufacturing and disseminating child pornography. The boys face charges of possession of child porn. All six of these students are minors, under the age of 18. Granted, these kids were participating in lewd and immoral acts on school grounds and were well deserving of their suspensions.

However, bringing child porn charges against them is completely ludicrous. Child pornography laws were created to protect innocent children from exploitation by adults, not to protect horny teenagers from each other. While it might be well within the letter of law to charge these teens with child pornography, it is clearly a perversion of the spirit of law to even consider doing so.

How many teen boys would rebuff a teen girl's attempt to send them a risqué picture of herself? Assuming the girl is not one who has been beaten with an ugly stick (to borrow an insult from Fred Sanford), I doubt that many teen boys - even the most moral and well-behaved - would be able to resist. There were no cell phones when I was in high school, but I can imagine that I would not have mounted much resistance in a similar situation.

If convicted of the charges brought against them, these six teens would likely be stigmatized for life. Each would be labeled with our modern-day scarlet letter - sex offender. This label is an albatross around one's neck that is difficult, if not impossible, to remove. In many states, it means they would have to register as sex offenders and then be constantly monitored by law enforcement officials in addition to being restricted in where they could live, work, and visit. All of this after possibly serving prison sentences. And for what? The girls for being stupid and the boys for being ... well ... boys! What a heavy price to pay for such 'offenses'!

It's as if we are living in some silly Islamic theocracy instead of the United States of America. This is the kind of overzealous law enforcement that often makes the U.S. the laughing stock of the rest of the civilized world. I can just imagine their laughter right now. It would indeed be funny if it wasn't so sad. It's right up there with many of those asinine "zero tolerance" stances and other breaches of common sense. One can only hope and pray that reasonable judges will intervene in this case and spare these kids a life of hell and our nation further humiliation.

Terry Mitchell is a software engineer, freelance writer, amateur political analyst, and blogger from Hopewell, VA. On his blog - http://commenterry.blogs.com - he posts commentaries on various subjects such as politics, technology, religion, health and well-being, personal finance, and sports. His commentaries offer a unique point of view that is not often found in mainstream media.

You can now have any article and blog post he writes -- in advance, if you would like -- for use in your book, newspaper, magazine, ezine, newsletter, website, or whatever!! This includes the thousands of articles and blog posts he's previously written. Contact him via his blog for details.

Admirable characteristics of a medium size law department regarding talent

A profile of Respironics’ general counsel, Steve Fulton, has dotted throughout four commendable people practices in his department.

Strong hires and strong retention. During Fulton’s 13-year tenure, “I have never needed to terminate an attorney and none of the attorneys I hired has left” as quoted in GC Mid-Atlantic, June 2008 at 8 (See my posts of Dec. 12, 2006: low attrition in UK legal teams; March 4, 2007: rates of departure; June 24, 2007: blame the general counsel for high attrition rates; and June 15, 2008: Qwest lowers its attrition rate.).

Experienced, mature lawyers. Respironics’ four transactional attorneys average 17 years of experience.

Autonomy for lawyers. Work comes from clients to the individual attorney, rather than coming to Fulton to parcel out. This system allows the attorneys to build relationships with what are in effect their own clients. General counsel should not be the primary clearinghouse for work assignments.

Keep good work inside. The Respironics legal team does nearly all of the company’s legal work inside. The exceptions are international work and litigation (See my post of July 11, 2008: autarky and Respironics.). Keep good work inside and you keep good workers inside.

Law Department Management

So many cottage industries thrive on law departments! A village!

As Rees Morrison points out, there's a whole cottage industry of niche legal services that are making a living off law departments. Here's the list compiled by Rees Morrison:

• ADR (alternative dispute resolution)
• Auditors of legal bills
• Class action claims
• Consultants on law department management
• Consultants on compliance, corporate governance, and ethics
• Corporate governance groups
• Corporate secretary services and software
• Corporate secretary portals
• Court reporters
• Decision analysts
• Document assembly
• Document discovery
• E-billing vendors
• Economic analysis experts
• Electronic discovery
• Ethics line third parties
• Expert witness sites online
• Legal and compliance training online
• Legal research
• Litigation and trial consultants
• Matter management systems
• Medical/nurse analysts
• Offshore providers
• Online selection of law firms
• Part-time general counsel
• Search firms
• Settlement and ADR capabilities online
• Settlement counsel
• Writing instructors

Law Department Management

As Long As The Accident Wasn’t Your Fault You Can Claim

So you've been involved in an accident and it wasn't your fault but you’re unsure if you can claim? If so, you've come to the right place.

Here at Accident Consult Ltd we are able to advise you on your compensation and the amount of money you may receive. You need to live in the United Kingdom and have had an accident of some sort may it be a road traffic accident to repetitive strain injury and it wasn't your fault to make an accident claim. If you decide to fill in the accident claim form your compensation claim will be dealt with efficiently and honestly.

Accident Consult Ltd won’t take any of your accident compensation as we work on No Win No Fee Basis, the losing party will pay for your legal fees and if your claim is unsuccessful you won’t have to pay any legal fees. Pursing a accident claim is not expensive and complicated so why suffer loss of earning, painful joints, hospital costs etc. for something that isn't your fault.

Over 2 million accidents last year were the fault of another persons negligence so why should we put up with this, the answer is don't put up with it claim today. Whatever your accident fill in the claim form and wait for your response, we have dealt with: whiplash injuries, road traffic accidents, slip trip fall injuries, repetitive strain injury, medical negligence cases, work and public place accidents.

Once you have submitted a compensation accident claim the personal injury solicitors will investigate the case before they agree to take the case on. The case will be discussed with you at length so they are able to get the full facts and circumstances surrounding the accident. If the solicitor thinks it has a good chance of winning they will begin to collect evidence on your behalf. If the accident happened more than 3 years ago it is unlikely the solicitor will take the case on due to statute barred. The solicitors will contact the doctors who have dealt with your accident injuries and take all the details as evidence for the claim. If police have been involved a specialist accident claims advice solicitor will liaise with the police officers who were witnesses or arrived shortly after the accident and obtain the police accident report as evidence for the client. Any witnesses to the client’s accident will be contacted and written statements will be signed by the witness which will be used to verify the client’s accident claim.

If you've had an accident recently write a daily diary with the details of your injuries, how you’re feeling and the amount of pain you’re in. Any photographs of the place of accident and or injuries can be used as part of the evidence in accident claiming as well as any expenses you've paid for since the accident relating to your injury.

People who experience personal injuries through accidents caused by someone else’s negligence fully deserve compensation payouts for their distress and lost earnings so claim today!

by Mike Cain

About the author: Accident claims for the UK market contact Accident Consult for advice on Accident Claims. This article is free to republish provided this resource box remains intact.

Is an Oral Contract as Good as a Written Contract?

An Oral Contract is as legally binding as a Written Contract, the issue with an Oral Contract is in proving its existence. To begin, the existence of a Written Contract is fairly obvious, either there is a writing or there isn’t. An oral contract, by definition, does not have a writing to support its terms, conditions or even existence. So how can we prove that it exists? One way is to use witness testimony. If A and B enter into an oral agreement, and C and D are present at the time the oral contract is made, C and D can be used to prove the existence of the oral contract. Their testimony that they heard the terms of the agreement will be sufficient to prove the existence of an Oral Contract.

Course of Conduct is another way to prove the existence of an oral contract. Let’s assume that X offers to buy a radio from Y for $50. Y accepts and hands the radio to X, who then gives Y $50. The parties’ course of conduct indicates that an oral contract existed. If the radio were defective, or if Y changed his mind, he could not say that a contract did not exist. Another example of Course of Conduct would be your typical neighborhood newspaper delivery. For the most part, the newspaper boy delivers a newspaper to you and you pay him on a weekly basis. There is rarely a written agreement with the newspaper boy to deliver newspapers. You simply tell him, “please deliver a paper to me, and I will pay you”. If the newspaper boy delivers newspapers to you for a few week, and you pay him, an oral contract exists based upon the parties course of conduct. After this time, if the papers are delivered and then you refuse to pay, you cannot allege that there is no contract. The Course of Conduct indicates that an Oral Contract exists.

Credibility of the parties is another factor in proving the existence of an Oral Contract. Suppose that Patron walks into a local restaurant and orders a plate of spaghetti. When Patron orders the spaghetti, an offer is made by Patron to pay for a plate of spaghetti. When the server brings the spaghetti to Patron, an Acceptance occurs and a binding oral contract is made. Credibility comes into play where the Patron then refuses to pay for spaghetti, saying “I never agreed to pay for this, I thought it was free”. All of you can see that is an incredible statement. Should that type of matter go to court, a judge would look at the credibility of the parties in regard to the situation and likely find that an oral contract was formed. If you reconsider the spaghetti scenario, though, you can see where an oral contract would be just as legally binding as a written contract. If a lawsuit were to arise out of the patron’s failure to pay, any court in the land would find the existence of the oral contract based upon credibility.

The existence of an oral contract can be more difficult to prove in a different type of scenario. Imagine a scenario with P and Q. P and Q are complete strangers. P approached Q and offers to buy a Corvette from Q for $1,000. Q laughs, and says “sure”, then drives away in the Corvette. If P attempts to enforce what he feels is a binding oral agreement, will he succeed? He will have a very difficult time proving that a contract exists. There is no writing to show the agreement. There is no prior course of dealing between the parties. There were no other witnesses to this alleged conversation. Credibility becomes an issue here, along with believe-ability.
As you can see, the difficulty in enforcement of an oral contract lies in the parties' ability to prove what the terms of the contract were. Absent proof of the terms of the contract, a party may be unable to enforce what it believes to be a firm contract. Evidence, such as witness testimony, prior dealing of the parties, course of conduct and credibility of the parties are some factors that may play into the enforcement of an oral contract. If sufficient evidence can be established that the parties orally entered into a contract, the terms of that contract will be enforced. If the proof is strong, then an oral contract is just as binding as a written one. The question at hand lies with the sufficiency of that oral evidence.

About the author: Greg Artim is an Attorney with offices located in Pittsburgh, Pennsylvania. For more answers to your Contracts or other legal questions, please visit his website at www.gregartim.com

What You Need to Know About Personal Injury

If you want to get the most out of your personal injury settlement, you have your work cut out for you. There are always some things you need that are very expensive and if you can no longer work, then you are in for a lot of trouble. The main types of insurance will be explained in this article.

Cars are all around us and talking about the components of motor vehicle insurance coverage presents some interesting insurance questions. The main components of car insurance include personal liability protection which is also known as personal injury protection, uninsured automobile coverage, property damage coverage, comprehensive coverage, statutory accident benefits and more.

Collision coverage is a must when it comes to car insurance. The first thing you do in a car accident is damage you vehicle. If the car accident is much worse, you can face people being injured in one way or another. But the first thing that happens is damaging your car.

Accidents happen in different situations. You can either hit another car or non-vehicular objects. No matter the case, you car will sustain damages and with the help of your property damage insurance, repairing those damages will be supported by the insurance company.

Car theft is another issue you should be worried about and luckily there is a type of insurance for that also. It is called comprehensive insurance and it covers the situation when you car is damaged illegally, after it has been taken without the owner’s permission or harmed in other ways, for instance by an act of nature. As we all know that we cannot predict the acts of nature.

Some types of motor vehicle insurance are optional and others are mandatory. For instance, property damage coverage is optional in Ontario, but others like liability insurance is mandatory. The requirements for various types insurance varies from province to province.

This brings us to the topic of this article – the personal injury protection which is also known as personal liability insurance. In the Province of Ontario, it is mandatory . It is the most important part of your insurance and you should consider purchasing more than the statutory minimum in order to ensure both your safety and the safety of your passengers.

When a personal injury occurs, liability insurance is very useful.. Since there are a lot of accidents that have a harmful outcome on your and/or a third party’s health, this type of insurance will cover some or all of the costs if someone is killed or injured in an accident, when you or other insured persons are at fault in the accident. This also applies to all of your passengers as well.

But this is not always the case. Considering all the steps involved in determining what party is to blame and who will cover the costs, the process could take a long time and you may end up with nothing in the end. A similar situation would be a wrongful dismissal, because you are not to blame, yet you suffer the consequences.

What you need is good legal representation that knows how to handle personal injury and wrongful dismissal law suits. You can find something like this over the internet, by visiting preszlerlaw.com. Here you will find all the information you need about wrongful dismissal and the legal action you can engage. They provide aggressive legal representation that can solve your problems regarding any matter, especially injury cases and wrongful dismissal.

Buying a Home 'As-Is' - Should You Be Worried?

Most homes are sold 'as is'. In fact, the form Residential Purchase Agreement used by most brokers has a pre-printed 'as is' clause stating that the property is sold 'as is' without any warranty and in its present physical condition. In a recent purchase, I was asked by the seller to also sign a special lawyer-prepared document which reiterated (in a full page of legalese) that the property was being sold 'as is.' My first instinct was to ask: What is wrong with this property and am I losing all of my rights by agreeing to buy it 'as is'.

There is no clear-cut answer but a quick explanation of the law should put your mind at ease when buying a property 'as is'.

What is wrong with This Property?

As the Agreement notes, 'as is' means that the Seller is not making any warranties about the condition of the property. Selling 'as is' does not necessarily mean that anything is wrong with the property. The Buyer, however, should have a professional inspector look at the property and accompany the inspector as he examines the property. The inspector's trained eye will catch items that you may not notice.

Am I losing All of My Rights?

If it turns out that a problem arises with the property after the deal has been closed, what remedy does a Buyer have in an 'as is' sale? The 'as is' clause works in concert with other laws, most notably California Civil Code 1102. This section requires that the Seller provide the Buyer with a detailed Real Estate Transfer Disclosure Statement.

The Disclosure Statement addresses almost every conceivable defect with the property-from the presence of contaminants to lawsuits against the property. In general, the Seller is under a duty to disclose any and all facts materially affecting the value or desirability of the property which are known only to him and which he knows are not known to, or reasonably discoverable by, the Buyer. Even loud or obnoxious neighbors must be disclosed.

If the problem has been disclosed by the Seller, the Buyer has no cause to complain at a later date. He could have walked away from the deal or renegotiated. However, if the Seller knew about the problem but did not disclose it, the Buyer may have a claim against the Seller.

In a recent case, our client purchased a multi-million dollar home only to find that the winter rains brought extensive leaking. The professional inspection had noted that the roof should be maintained yearly and would have to be replaced in three years. However, it had not uncovered any leaking, and the Seller made no mention of roof leaks in the Disclosure Statement. However, the gardener and housekeeper, both of whom had worked for the Seller, remembered numerous roof leaks while the Seller lived in the house.

The Seller argued that (1) the house was being sold 'as is' and (2) the inspection put the Buyer on notice that the roof was in bad shape, thereby absolving her of any liability. In any event, she also claimed to have repaired the leaks and thought that they had been fixed.

While the inspector may have noted the limited life of the roof, the Seller was still required to disclose the leaking. The leaks were a material fact affecting the value (and habitability) of the home. In this case, neither the Buyer nor the inspector could have discovered the leaks in a visual inspection of the property. (Interestingly, because of liability issues, professional inspectors often will not allow the Buyer to follow them up to the roof, at least not on the inspector's ladder!) The Seller settled with the Buyer, and the roof was replaced.

So, rest assured, although you may be buying the house 'as is', the Seller is not excused from disclosing material problems in the Disclosure Statement. And in the event the Seller fails to make these required disclosures, the Buyer has a legal remedy, despite the 'as is' provisions of the Agreement.

Starting A Law Firm

Toronto Lawyer Gary Wise has an excellent post on the challenges of a startup solo practice, see Starting A Law Firm.

Why lawyers love hourly billing

The Greatest American Lawyer:

One of the issues, which is repeatedly overlooked in the discussion concerning hourly billing, is the fact that many law firms prefer it. Think about it. Hourly billing is the perfect vehicle to obtain the first retainer check from a client. An average retainer ranges between $2,500 and $7,500.

Feds

CNN reports that the FBI has virtually scoped out Second Life's casinos, at the invitation of Linden Lab. According to the article:

Second Life is a popular online virtual world with millions of registered users and its own economy and currency, known as the Linden dollar, which can be exchanged for U.S. dollars.

Yoon said the company was seeking guidance on virtual gaming activity in Second Life but had not yet received clear rules from U.S. authorities.

The FBI and the U.S. Attorney's Office for Northern California declined comment.

Hundreds of casinos offering poker, slot machines and blackjack can easily be found in Second Life. While it is difficult to estimate the total size of the gambling economy in Second Life, the three largest poker casinos are earning profits of a modest $1,500 each per month, according to casino owners and people familiar with the industry.

The surge in Second Life gambling coincides with a crackdown in the real world by the U.S. government, which has arrested executives from offshore gambling Web sites.

Most lawyers agree that placing bets with Linden dollars likely violates U.S. anti-gambling statutes, which cover circumstances in which "something of value" is wagered. But the degree of Linden Lab's responsibility, and the likelihood of a any crackdown, is uncertain.
....
"It's not always clear to us whether a 3-D simulation of a casino is the same thing as a casino, legally speaking, and it's not clear to the law enforcement authorities we have asked," [Linden general counsel] Yoon said.

What Is Constitutional Law?

This is a big question, because just the scope of this term is absolutely huge. Constitutional law essentially encompasses all the foundational laws that our country is based upon. The creation and execution of laws by the government and the scope of power and authority given to the government is regulated by constitutional law. Just as it sounds, it is based off of the tenets of a constitution and all the elements within the constitution that outline the power of the government, state and people.

For the purposes of this article, we will be discussing constitutional law in the United States and go through a brief outline of what it is and why it exists. The United States constitutional law is the body that governs the implementation and interpretation of the US constitution.

It sets forth of the terms of the Constitution and directly describes the range and use of these terms. It covers areas of law like relationships between states and the federal governments, the rights of individuals and citizens of the US and all other areas concerned with constitutional law.

Because the US constitution lays out so many rules and contains archaic language, many people argue that it is open to interpretation and not meant to be taken literally. For example, in the United Stated courts, judges are often divided by how much they stick to the constitution and how much they interpret it in different ways.

Some say a literal translation of the constitution is best, others say that the terms are far too vague to be used specifically and that the constitution should be treated more as a guideline than anything else.

All other forms of law necessarily fall under the auspices of constitutional law. Because it is so huge, there are many details to go into; enough books have been written about this type of law to render anything but a summary unnecessary. Suffice to say, constitutional law is the law that supersedes all others and one that literally determined the founding of the nation of the United States of America.

MyAbogado.com is a popular legal directory that helps users locate legal professionals across the country while providing the legal community and litigation support providers with a low cost method to market their services to other professionals and members of the public across the country. To find out more, please visit myabogado.com