Calling Ecstasy "Cheeseburgers" Doesn't Make It Legal

I heard of a case recently where a drug dealer's system to avoid detection of his activities by police was to tell his customers to ask for "cheeseburgers" if they wanted ecstasy, an order for one cheeseburger being code for one ounce (about 28.4 grams) of the drug. The code for cocaine was "drinks", and "one fries" meant one ounce of methylamphetamine. The dealer joked that buying all three would be a "meal deal."

Ecstasy is especially popular with young adults in Australia. Despite slowly declining use, ecstasy, also known as 'MDMA' short for 3,4-methylenedioxy-methamphetamine, remains one of the most widely used illicit drugs in Australia second only to Cannabis. In 2013, around 2.5% of Australians used ecstasy, compared with 0.1% who used heroin and 2.1% who used methylamphetamine. As studies that rely on self-reporting tend to under-report usage levels, the true figures may be greater. After a brief drop in Australian border detections of ecstasy between 2009 and 2011, since 2012 there has been a resurgence of seized imports, including seizures of more than 100kg overall in 2013/14 the most significant of which involved consignments from the Netherlands, Canada, and Hong Kong. The imported ecstasy was found hidden in products like furniture, protein powder, baby powder, bath salts and shampoo. Ecstasy was first outlawed in parts of Australia in the late 1980s, and eventually became illegal in all states and territories.

The continuing popularity of ecstasy perhaps relates to its tablet form, making it easy to store and measure, and perhaps also because it is perceived as low risk. Unfortunately, that perception is wrong. One of the biggest problems with ecstasy is lack of purity, with the ecstasy content of some samples being as low as 9%. In practical terms, this means that an ecstasy tablet is likely to contain very little ecstasy, and a lot of other substances that can be seriously harmful or even deadly. These substances may include caffeine at toxic levels, ketamine, pseudoephedrine, paramethyoxyamphetamine which is also potentially lethal, GHB powder and the cough suppressant dextromethorphan. Sometimes a tablet sold as ecstasy contains no ecstasy at all, just methylamphetamine and additives. Little surprise then that consuming these tablets has a wide range of adverse physical and neurological impacts. However, even the consumption of pure ecstasy has been associated with increased incidence of suicide, death from hyperthermia or hyponatraemia, liver damage, kidney failure, seizures, coma, and long term visual deficits. In simple terms, while ecstasy is probably less risky than heroin or methylamphetamine, using ecstasy may nonetheless have long term impacts, and can sometimes kill.

The other big risk for individuals involved with ecstasy is being charged with possession or supply of the drug, which can lead to imprisonment. The maximum penalty for possession of ecstasy in NSW is imprisonment for up to 2 years, while potential jail-time for indictable non-commercial offending is up to 15 years, indictable commercial offending up to 20 years, with the possibility of much longer sentences in some circumstances such as where children are engaged in the drug enterprise (Drug Misuse and Trafficking Act 1985, NSW).

You can view references and links, if you want to find out more about ecstasy. Stephen Bourne is a lawyer in Australia and New Zealand (see website), undertaking work in the areas of insurance law, civil litigation, coronial inquests, criminal defence, children's law, and family court proceedings. Stephen has postgraduate law, business and psychology qualifications, and is a Fellow of the Australian and New Zealand Institute of Insurance and Finance.

Well-Known Specialized Fields Of Experts In Family Law

The family is the basic unit of a society. As such, families are indeed important aspects of any society and there is always a need to protect and uphold their rights, interests, and safety. And every member of each family has certain rights that also need to be safeguarded consistently.

But what happens when a family is torn apart, as is the usual case when parents decide to separate and get divorced? Most of the time, families that are experiencing some personal troubles and upheavals do not get any help or interference from the local authorities of the state where they live in.

Again, this is the same situation when parents decide to separate. The couple will simply enlist the services of a divorce or annulment lawyer to make sure that both parties, and their children, if they have any, have their rights protected and defended properly and that all can still continue living their lives regularly even if the parents will separate.

When it comes to family law, lawyers have different specializations, divorce and annulment just being one of them. Below are the specific legal areas that family lawyers commonly specialize in and that families usually require the services of:

Divorce or Dissolution of Marriage

Divorce cases have been on the rise since the early '90s. Couples who decide to separate legally need a divorce lawyer so that their application for the dissolution of their marriage can be properly filed and to make sure that the rights and interests of both parties are properly recognized and safeguarded.

Family Violence

Any kind of domestic abuse, which can be experienced by the spouse and/or the children, is a very serious, delicate and major case. A family lawyer will protect the rights of each family member who has been a victim of violence. A lawyer who specializes in family violence will not only ensure that the abuse victim receives justice that he or she deserves but also any assistance they need such as psychological counseling and physical or medical treatment to make sure that they can get back to their feet and live the rest of their lives in peace and in health.

Adoption

Lawyers specializing in this legal area will help parents or even a single person who wishes to lawfully adopt a child within or outside their country of residence. They will provide legal advice and representation and prepare all documents needed by the interested parties to properly process and successfully complete this quite complicated and taxing matter.

Child Support

Child support lawyers will help clients, a parent or the child, receive financial support or payments, which is their basic right, as a result of the end of parents' marriage. Experts in this legal matter will make sure that this is arranged properly and that the receipt of this benefit is continuous, as stated in the agreement or contract during the divorce proceedings.

Read more about the different fields of specialization under family law on http://layburn.co.nz/family-law.

How to Find Good Legal Services Abroad

Advancement in technology has made it quick and easy to set up businesses abroad. Whether the business functions out of a brick-and- mortar office or a virtual one, doing business on an international level has become the norm. Conducting business in a foreign country entails familiarity with the host country's laws. The legal intricacies of international trading could be quite challenging, and without the right legal guidance, a business owner may well end up paying penalties and fines, and saddled with legal hitches. What does it take to find good legal services abroad?

Areas of Specialization

One of the travails of establishments operating in a foreign country is finding good legal services. Lawyers usually specialize in one particular type of law, or other related areas. A lawyer may generally work on immigration cases, while another one may be a tax specialist. Note that there are lawyers who only render advice to their clients, and not represent them to actual court litigation.

General areas of legal practice include: personal injury, criminal law, tax, employment and family law. It is best to choose a lawyer that specializes in one's legal concern and one that has a firm foundation in the laws of the host country.

Different Types of Lawyer

Foreign Legal Consultants may be classified as lawyers working for international law firms based in foreign countries. These attorneys may advise clients regarding the requirements and conditions of the host country's law, but they may or may not be licensed to practice law in the country where they are based. If court representation is needed, a licensed lawyer in the country where he works is required.

Solicitors and Barristers are specialized lawyers who may be practicing in foreign countries. Solicitors generally do not represent clients in court, but advise them, and may put together legal cases for barristers to take to court.

Notaries usually do the functions of attorneys, but depending on the country they practice, their job description may vary. Notaries may draft transfers of property titles and wills. In some countries, notaries are Ministry of Justice appointees and may act as administrators in estate settlements.

Where to Find a Lawyer

Searching for a lawyer in a foreign country is no longer too tasking. Overseas embassies and consulates of most countries have listings of local lawyers who have expressed their willingness to assist citizens of another country. For example, an American in Thailand may go to the U.S.A. embassy and he will be furnished with a copy of local lawyers willing to assist a U.S. citizen.

There are international bar associations with local chapters that could help foreigners with their legal problems. Most of these associations and similar organizations have standing agreements with accredited members in other countries.

Law firms maintain websites. This should make it doubly easy for anyone needing legal counsel to find a qualified lawyer through this mode.

Law schools have credible law professors who may be practicing or may know a practicing lawyer in his circle. If the legal advice and drafts are needed, senior law students could handle these requirements.

Surely local contacts could refer qualified lawyers to meet one's legal requisites.

Considerations When Selecting a Lawyer

Before settling for an attorney, there are several points to consider.

First, it is to your benefit to ask the lawyer in consideration his qualifications and experience. You may ask the lawyer's strategy and plan in representing you. It is not impolite to ask how much his retainer fees are.

Do not hesitate to ask questions regarding your case. As your lawyer, he is expected to explain every plan and activity in a manner that you can understand.

Be very careful when turning over documents and money. Make sure that your lawyer understands and can tackle your legal concerns in a manner that is satisfactory to you. See to it that the lawyer-client confidentiality clause in the foreign country meets your expectations.

These pointers should enable you to find a qualified foreign lawyer to handle your legal needs in a suitable and agreeable manner.

If you're looking for legal services in Thailand, visit Umpire Legal.

Legal Designations Of People Under US Immigration Law

Here are some common terms for people who are pursuing action under US immigration law. These are some definitions of common terms that crop up in the everyday, though most people have only a vague idea about what they actually mean; here is a chance to find out.

Citizen:
A citizen is someone who hold citizenship, which is defined as state wherein a person holds membership in a political community and whose rights, social and political, are defended by the country where they maintain citizenship. A citizen has political rights, such as voting, whereas a non-citizen does not. While similar to the term 'nationality;' citizenship differs because you can have a nationality with having citizenship (this means you are subject to the laws of the country of your nationality, but have no political participation rights). It is also possible to have political rights without being the national of a state as long as you are a citizen.

Native-born citizen:
A native-born citizen is a citizen who was born in their country of citizenship. If a person is born in any country, they are automatically given fully legal citizenship at the moment of birth. A person is considered to be a citizen at birth if they're jus soli, or born in the country in a certain place, even with non-native parents. They are also considered a citizen at birth via jus sanguinis, which is descent from a citizen of the country in which they were born. Either of these factors or a combination of both constitutes natural citizenship. If a person is both born in the country of citizenship to citizens of that country, they are considered a native-born-citizen. Both positions have all the same legal rights in a country; they're simply different ways of categorizing people.

Naturalized citizen:
A naturalized citizen is a person who chooses to voluntarily apply for citizenship (and gets it) in a country that is not their place of origin. People who apply for naturalization run the gamut from immigrant workers to refugees and aliens. Usually a person must meet certain requirements before becoming a naturalized citizen.

Dual citizen:
A dual citizen is a person who holds citizenship in two countries. An example might be if a child was born to Costa Rican parents in the USA. They would hold not only US citizenship, but Costa Rican citizenship as well. Another example would be if a child was born to an American parent and a Costa Rican parent in Costa Rica. The child would be a Costa Rican citizen, but could apply for naturalization in the US. Keep in mind that some countries, like the US and Cuba, don't allow dual citizenship due to unresolved political disputes.

Alien:
Legally, an alien is anyone who is not a natural or native citizen of the country in which they live or work. Legal aliens are those allowed to stay in a country if they meet a specific set of criteria; a resident alien is one who has a permanent or temporary living space; a non-resident alien is what anyone is considered if they legally visit another country other than their own; In law, an alien is a person who is not a native or naturalized citizen of the land where they are found; an illegal alien is a citizen of one country who resides illegally in another country; an enemy alien is a person designated an enemy of the country they're in on.

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.

Life Is Full Of Surprises And So Is Legal Aid

What is the value of specialized legal services? The cost incurred by you will offset the price you pay for being wrongly accused of a crime. The banality of the endeavor may compel you not to seek legal services. However, what seem ordinary to you may be quite special in a particular context. Think about it; your business reputation is at stake and you need to communicate your innocence to the stakeholders. Swift and speedy reaction are warranted when faced with a complex situation. How much loss would you incur if your reputation is tarnished?

Have you kept the door open for the effective utilization of legal services that can secure the business aspects and remove the impure elements?. You might delay the procurement of efficient services of a legal team for several reasons. However, just one reason may be enough to open your eyes to the value of legal services. Nobody will tell you the importance of the business decisions in a legal context better than a legal advisor.

Your admission of the value of legal service will minimize many different types of threats at varying levels. The most interesting aspect is that almost all business understands and is aware of the value of legal services. But still the decision is generally procrastinated. You just simply cannot afford to let your business uncovered to threats. Competitors may try to or more judiciously would try every means to harm you. They will try every trick in their arsenal to subdue you.

Leave the specialist domain to experts. They know what to do, how to do and in which capacity. This professional attitude is significantly valuable in the determination of the many reasons in a legal context. Some aspects may be obvious, but legally it may be unlawful. If you stray from the path, then you will not even know how quickly you have travelled from the legal into an illegal territory. When unsure and not confident the best bet is to engage experts. The reason is that you are not necessarily ready to deal with complex situations.

The timing of any unwanted situation can be extremely stressful. Someone must design the right brief to tackle things the way they should be. You must evaluate what is the best approach in handling diverse situations. A thought-provoking discussion can settle and nerves and signify what is the right strategy in a specific circumstance.

Lawyers and legal consultants will take away all your fears that are holding you back. Every difficult situation has a ray of light at the end of the tunnel. However, you might not be willing to travel alone in the light. The obstacles and the hurdles might knock you down and you might not reach your destination. Moments ago you were the most relaxed individuals. Now you are faced with a hellish situation. A legal expert can serve as the vocal chords of the client in raising their voice. The legal expert can redefine the scope and values of the business. In your dressing room you have different personalities. Their role needs to be defined also. How will you determine the scope of the various operations of the business? The legal expert has got much more to contribute towards the business.

The inspiration and leadership from legal experts can add value to your business vision. How you will safeguard the uniqueness of products and services? What line must be drawn in the manufacturing process? How will you communicate the business values to the consumers? Who can do it for you? Who will execute the aforementioned purpose in a professional manner? Surely no one is better than professional legal advisor having the skills and the knowledge to process the information in the most befitting manner. The involvement of a legal team can in fact drive the desired intensity that is required for the business to prosper. You know someone is seeing your back. This satisfaction offered by lawyers and legal advisor can reduce stress and allow you to engage in other important endeavors.

Understanding Attorneys' Fees

Attorneys are essential for conflict resolution. We all need them when the time comes, sometimes by choice and other times by necessity. However, not everyone has a go-to lawyer that they can call up anytime they have a run-in with the law or need legal advice for a civil matter. Most will have to contact an individual who they have never heard of or met before. This process can be very stressful, and there are likely many factors that you should consider before you commit to a certain counsel. One of the most important considerations is how their fees work. By knowing how most attorneys charge for their services, you can approach the search process with more confidence and certainty.

Lawyer fees usually come in three main forms. These include contingency, hourly, and fixed. The most simple of these is fixed fees. The professional will charge an amount that does not change based upon the service that you need. These services usually include very specific tasks that are generally predictable and common. Some examples may be performing a name-change, obtaining permission to travel to a foreign country, obtaining title to a property, gaining citizenship, or contesting a parking or speeding violation. This is very easy to understand and the best part is that there is no surprise for you. Some lawyers may also use a structured fee method. This may be used when the service that you need may become complicated due to a variety of issues. For example, for property title services, your property may have some sort of lien or other encumbrance on it, which requires the professional to perform additional research and work beyond a simple title conveyance.

The next format of fees is hourly. A lawyer will charge that fee for every hour of work that he or she actively spends on your case. Usually, the professional will provide you with an estimate of how many hours the work may take. If the hours are about to be exceeded, you are usually provided advance notice. The hours estimated can change depending on the development of the case. Also, certain attorneys may charge more for when they are in court, before a judge, or at mediation. The hourly charge may also occur for the time that the professional performs legal research, travels to the court, or prepares witnesses. Make sure you are clear about what will be considered hourly and what will not. If you are just getting a consultation, many lawyers may offer the first hour of a consultation as free. Take advantage of this.

The next main category of fees is contingency. This type of charge applies only to a limited set of circumstances, often for cases involving accidents where you are bringing the lawsuit. You and your lawyer usually agree to a set percentage of what he or she will receive if your case is successful. Under this structure, you usually have to pay nothing out of your pockets unless your case wins or you receive a favorable final judgment from a court. The idea is that the lawyer is taking the risks and fronting the costs for accepting the case, but will receive a higher payment if the case is successful.

Each of these billing methods have their own sets of pros and cons, so you need to determine what fits your situation and budget the best. This might require you to have different lawyers in mind for each type of legal situation.

When considering attorneys, Watertown, NY residents visit Stanley Law Offices. Learn more about this procedure at http://www.stanleylawoffices.com/

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

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.

Legal Week: Staff complaints force red-faced A&O into Facebook U-turn

Allen & Overy (A&O) has been forced into an embarrassing climb-down after the firm’s IT department was bombarded with staff complaints following a firmwide ban on social networking website Facebook.

IT chiefs took the decision to block access to the website due to concerns that staff downloading videos from the site would compromise the performance of A&O’s IT systems.

However, a series of complaints from staff across the firm led IT director Dave Burwell to email the entire London office on Tuesday (22 May) saying the ban had been lifted.

He said: “Given that there has been a strong reaction to the blocking and that Facebook is used by many people for networking – for business purposes as well as social – we are going to open up access to the site again.”

A spokesman confirmed that staff will now be allowed to access the site as long as they do not view videos. Burwell stressed that while the decision “flies in the face of [A&O's] normal policy”, it was made because the site has business benefits as well as social uses.

Facebook consists of a number of interlinking networks and allows individual users to ‘poke’ one another, share personal information and upload photographs. The A&O network on Facebook currently has 732 members.
Legal Week

New Car Troubles? - Legal Tips

So you have just purchased that new vehicle and the new car smell hasn't worn off yet. Out of nowhere, the unexpected occurs as the engine light comes on, the vehicle stalls or the transmission doesn't shift properly. How can his happen to your new vehicle? In reality, this happens all the time. Different statistics show that between 1% and 10% of all new vehicles may be lemons.

If your new car has a problem, schedule a service appointment with the dealer right away. Make sure that the service department is made aware of each and every problem that the vehicle is having. Explain the problems in as much detail as possible, and make sure that the dealer uses your words to describe the problem and not theirs. When meeting with the service advisor, be sure to ask about Technical Service Bulletins (TSB’s) on your vehicle. A Technical Service Bulletin is an acknowledgment by the manufacturer that there is a known problem with your vehicle. The manufacturer is required to prepare a TSB for a vehicle after a problem or defect has exhibited itself on a number of occasions.

When you return to the dealer to pick up your vehicle after the repair attempt, be sure to get a copy of the repair order or invoice that indicates your chief complaint and the efforts that the dealer made to remedy the problem. Do not leave the dealer without this documentation. In Pennsylvania, the dealer is required to give you a copy of the documentation under established state law. When you get in your vehicle, check right away to see if the problem has been properly repaired or if there is a reoccurrence. If the vehicle has not been properly repaired or has a reoccurrence of the problem, schedule another appointment with the dealer. You must realize that you paid for the warranty that came with your vehicle, it was part of the purchase price. Do not be afraid to use it. You must also give the dealer/manufacturer a reasonable number of attempts to make the repair before you pursue lemon law assistance.

What I have found is that many times the dealer will state that they “could not duplicate the customer’s concern”. Do not allow this to stop you from attempting to get your vehicle repaired. Many problems that are found vehicles occur on an intermittent basis. Just because a problem doesn't show up while the vehicle is at the dealer does not mean that it doesn't exist, and further, does not relieve the dealer/manufacturer from the burden of finding the problem and fixing it.

If the problems with your vehicle are not repaired after a reasonable number of attempts (three in Pennsylvania, other states differ) then you may be able to pursue a Lemon Law claim. A valid Lemon Law claim will force the manufacturer to either repurchase your vehicle at a full refund, or will entitle you to a new replacement vehicle free of cost. In Pennsylvania, as well as many other states, you will also be entitled to free legal representation and recovery of all other collateral charges associated with your lemon, like tax, title charges, interest and the like.
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Greg Artim is a Pennsylvania Lemon Law attorney based in Pittsburgh PA. Please be sure to visit his website at www.ihatethislemon.com

Splogs

WSJ:

Just this past weekend, Google's popular blog-creation tool, Blogger, was targeted in an apparently coordinated effort to create more than 13,000 splogs, the search giant said. The splogs were laced with popular keywords so that they would appear prominently in blog searches, and several bloggers complained online that that the splogs were gumming up searches for legitimate sites.

A typical splog might contain entries discussing how to play poker, with embedded keywords such as "online casino" and "Texas Hold 'em," making it turn up in searches for gambling Web sites. The splog may link to Web sites that receive commissions for sending customers to Internet casinos.

The splogs also are a big source of frustration for several search-engine start-ups that focus on blog searches, such as IceRocket.com LLC, Technorati Inc. and Feedster Inc. Technorati estimates that 2% to 8% of the 70,000 blogs created daily are phony blogs or splogs. Mark Cuban, owner of the Dallas Mavericks and majority owner of IceRocket, recently went online with a complaint that Google's blogging service lacks sufficient controls to prevent automated software from creating splogs in bulk. Title of his message: "Get Your Blogspot S- Together Google." (Blogspot is the name of the Web site where Google provides free hosting to blogs created with its Blogger tool.)

"It's the biggest problem on the Net right now after identity theft. We have to kill millions of the splogs per month" from IceRocket's index, Mr. Cuban said in an interview. He said that while spammers use a variety of blogging tools to create their phony sites, most that he encounters have been created with Blogger -- something Mr. Cuban attributed to the tool's ability to create blogs quickly, easily and free of charge. Following the weekend outbreak, IceRocket temporarily blocked new Blogger sites from appearing in its index.

Jason Goldman, product manager for Blogger, acknowledged on Blogger's official corporate blog Monday that the company had been targeted by what he called a "spamalanche." In an interview, he said he sympathizes with Mr. Cuban. But he said that spam is going to be an issue for the blogging community for a long time to come and that blacklisting Blogger would not be an effective response.

"Spam is a particular challenge for us because we want to continue to make the [Blogger] tool very simple to use but not encourage or make it easy for spammers to use," he says. Google's blog service, which hosts millions of blogs, began to notice a lot of phony bloggers using the service six months ago, he added.

If you've ever used a blog search engine to search for a common term, you'll know exactly what Cuban means when he writes about the risk of good signals being swallowed by the noise. There are a number of variations on splogs, but most merely contain pages of links, and many contain nonsense entries or fragments of commentary clearly cribbed from other sources.

Identifying Splogs

• short posts (50-100 words) with hyperlinks
• contain entries with embedded keywords such as "online casino" and "viagra"
• search terms in the anchor links
• odd-looking, super long URLs that are packed with keywords
• multiple dashes in the URLs
• use of .info domains (which are favored by sploggers because they are cheap)

Blogger: About Spam Blogs
Wikipedia: Splog
SplogReporter.com
SplogSpot.com