Family Law Attorney Chicago Dream World Vs Real World

The word Divorce conjures up an image of pain and anxiety in every one’s mind. The good thing is that today’s society no longer consider divorce to be a stigma and does not look down upon women who are single and divorced. If anyone is getting divorced it doesn’t look odd for divorce has become a way of life. It is not only the young couples who are just married who run the risk of divorcing, but even those who have been married for decades tend to divorce too.It has become common for us to see our relatives and friends who have been couples and married for over twenty years breaking up suddenly. It is when such a thing happens to someone close to you that you get affected and go into a thinking mode about the fragile human relationships and life .

Women have always risen above their self and putting themselves behind, they have looked at playing the perfect wife, the perfect mother and the home maker. With today’s generation, women believe in themselves, wish to pursue their dreams and make a mark in their chosen field of interest.Every girl grows up believing in the fairy tale weddings and wanting to meet a prince charming who will swipe her off her feet. But then once she is through with her college and takes up a job, her understanding of life begins to change. If her parents happen to divorce at this time, she is thrown into another world suddenly or her world comes crashing down. This does happen in real life and it happens to many.

Despite the realities, the girls still dream of Mr. Perfect and find a partner to get married to. The romance and the wedding bliss does manage to keep them going for a while and after sometime they fall into a normal routine life. It is then that the reality of life and relationships begins to emerge. Even if the man turns out to be the perfect man of her dreams, the fact of the matter is that she has evolved and her own ideas of perfect relationship are no longer relevant in the real world.

In many cases women manage to work hard and build a successful career for themselves, maintain a home and manage their family too. The day begins with playing multiple roles and attending to multiple tasks till the end of the day. Somewhere down the line the time comes when suddenly she finds that he husband has moved away from the relationship and when this reality strikes, he decides to leave home. He leaves the home and she is left wondering whatever happened and where did she fail?. She remembers all of the sacrifices that she made for his sake. She would have given up all that she has and move to another town to start a new life all over again, just because she wanted him to go ahead and start his new business in new town.But in reality, she has been a super woman all through. The actual fact is that the man has not been able to accept graciously the fact that his wife has been a super woman and an achiever. Somewhere along he would have started drifting away from the relationship but she would not have realised it. But then coming back to the present reality, the relationship is over. Even if the couple consider continuing with their marriage, it is pointless and will not survive for long.In such a situation is Divorce not warranted? Think for yourself.

UK Government Wants Businesses to Do More for New Parents

Shared parental leave to level the gender playing field

As of 1 December this year, fathers now have the same rights as mothers when it comes to taking leave from work following the birth of a child.

For all babies due after April 2015, employers must offer shared parental leave of up to 50 weeks, rather than the father’s usual fortnight.

Fathers use holiday allowance for maternity

In a move that has been warmly welcomed by a generation of working mothers, parents can now choose how to split their paternity leave between them, opening the door to a much more equal division of childcare. Indeed, a recent survey by Mumsnet revealed that, prior to these changes, some 39% of fathers had had to use up paid leave, in order to support their partner and new baby during the postpartum period.

Now, it will be possible for up to 50 weeks’ leave and 39 weeks pay to be shared in any combination, aside from a compulsory 2 week period immediately following the birth, which must be taken by the mother. The message, it seems, is getting through: recent research by the outsourcing firm ADP found that up to a third of expectant fathers surveyed plan to take advantage of the new legislation.

Shared parenting rights

There is little doubt, however, that a cultural sea-change in attitudes will not happen overnight. Employers are concerned about the effect these changes will have on their work forces and fathers fear losing money and status if they leave their jobs for months on end.

The Scandinavian model, however, is proof that shared parenting rights can become the norm when government and businesses are working together. In Sweden, Norway and Iceland, a percentage of leave is reserved exclusively for fathers at around 80% of their salary; the so-called “Daddy quota.”

Far from creating pressures, the head of one of Norway’s biggest employment associations affirms that it, in fact, “strengthens the man’s position in the family and the woman’s in the workplace”.

In order for the new laws to make a real difference here, therefore, the Government is calling upon employers to take positive steps: making employees aware of their rights, aligning notice periods for pay and leave to make the system simpler and maintaining the right for parents to return to the same job after their leave.

In return, they can expect to gain from a system which allows them to keep talented women in the workforce and have a more motivated and productive staff as a whole.

A Guide to Retirement Home Activities

Need help making a decision about Assisted Living or Independent Living?

If you and your parents have decided it is time to move them into an assisted living facility it is very likely you’ve started doing your research. When selecting the right senior care it is very important that you investigate a number of different things. We all know the list of minimum important services assisted independent living locations offer such as housekeeping services, laundry services, and dining services. Bearing this in mind there is certainly so much more that can be given to the senior care residents to enhance their life and the enjoyment of their stay.

A senior living facility is there to look after the emotional well-being of their clients in addition to a senior’s medical needs. It is for this reason you should look for a facility that offers some incredible indoor and outdoor activities for each and every person in the senior home. The residents of the facility should have a say in the activities that are offered and there should be offerings for seniors at all levels of physical abilities.

A retirement facility will offer a variety of healthful and fun activities for their residents.

We would like to take the time to discuss some of the activities that independent living residents would appreciate on a daily basis. While there is a large list full of many exciting activities, it is by no means all-inclusive. These are just ideas to consider and things to look for when searching for the ideal facility in your area. We find that retirement facility residents enjoy variety, so an ever changing schedule based on the residents’ needs and wants is ideal. Of course, the facility should take care to keep the activities that are well received as well. The independent living facility should conduct ongoing assessments of the opinions of their residents to make sure that they are providing exactly what the seniors desire and eliminating some of the misses.

Remember, activities should be both indoor and outdoor because fresh air is important. More than likely, the more often residents spend time outdoors the happier and healthier they are. Getting the opportunity to move around and stay physically active is important to daily health. On top of getting out and about and moving some muscles on a daily basis, residents will have a chance to socialize when participating in regular activities. This also contributes to the emotional well-being of everyone in the retirement facility.

Mental, physical and emotional well-being should all be a priority at the facility you choose.

Very much in line with promoting the emotional well-being of assisted living residents, look for a facility that offers spiritual services and things like Bible study groups for those who would love to attend. You may find at some facilities that these activities wind up being the most popular. And sometimes residents love to just be able to kick back and enjoy themselves, which is why facilities should also offer things like karaoke night, billiards and bowling, bingo, as well as movie screenings with concessions. These are the kinds of activities you should expect to find at the best assisted and independent living facilities in the country, and some places will go the extra mile to make sure they offer things others would not even think of. Some of the additional activities you may find in your research are pet therapy, exercise classes, and even scheduled weekly trips to the local shopping malls or community events.

The decision process is difficult so information is the key.

We know going into a retirement home can be a very difficult process for both the senior and family members. Look for a facility that will do absolutely everything humanly possible to make sure the process is not only painless but extremely enjoyable. Visit every facility in your area without your senior loved one and decide on the top two or three facilities. Then bring your loved one to see them. Make your senior part of the process if possible and they will receive the decision better and more than likely have a smooth transition. All facilities should offer a free guided tour and give you the opportunity to meet their staff and taste their food. We know if you follow this advice the process should go smooth for you.

The Key to Success With an Online Business

Do you have headache looking for what to offer your social contacts in their birthdays, anniversaries or any special incident? I have. The more you are concerned addressee, the more time and energy you will spend on this present choosing process. However, finally, can you guarantee that’s the gift they like? It can be not. Then all the energy you have consumed is thrown away.

Yet, gift giving is such a lovely gesture to do nevertheless. So how can we solve this problem? We offer you the simple solution, gift card. All you have to do is purchasing the card and pass it to your loved ones. They will purchase the gift of their pick. It’s nicer and safer than giving cash many times.

The values don’t stop here. The gift card we are talking about is Visa gift card. It works exactly like a debit card. The card owner can obtain anything they love to have online or through phone or in person. It’s very convenient. You, instead, can get the card in more than thousands stores and banks around the country. If you don’t have time, get the card online no where else but from our website http://100usdvisagiftcard.ifreeprize.com. We will hand it to your gift recipient. Any amount of cash is ok, it operates just like a debit account. The only thing not the same is that is will create pleasant to both you and your families and friends.

More than a normal gift card, Visa gift card make it possible for the gift receiver to acquire in anywhere not just online but also offline or even hotels, gas stations or tipping. The tasks are just: swipe, sign and go. They can also shop more than the money in the card and chip in with more money from any other resource, for instant, credit card or debit card. Visa gift card enriches user experience by allow you to return what you shop and get repayment as long as you keep the receipts. More than that, with best safety protocol provided, it is only usable by activating using numbers given out from the card purchaser to the beneficiary. Phone us by the number provided on the card then you’re ready to shop. After activating, Visa also guarantees that if you lost the card, you just have to tell us and provide us with procurement information. The card as followed will be blocked and we will hand you back another card with new activate number. Your balance is unquestionably safe with us.

Visa gift card enables you know your money. With one card, your friends or families can buy more than just one present.

We also offer you buy the gift card in large quantity. This is a way for employers to motivate their employees in a smart and safe way. Another method for corporate use is to use Visa gift card as expressing appreciation to your business partners. Buy more, we will offer you many of our campaigns. Price cut and no fee extras benefits will be provided if you choose to obtain the card on our website http://100usdvisagiftcard.ifreeprize.com.

Moreover, you can shop the gift card of your own design. In this way, you can indicate how much you like for the gift recipient. There are so many formats available on our site for your ideas. Click http://100usdvisagiftcard.ifreeprize.com to find out more.

Because of the great benefits Visa gift card give customers, we are pleased to give out $100 Visa gift cards to our website customers. Members that meet the requirements below will receive this great gift card from us immediately.

Initially, you have to sign up at http://100usdvisagiftcard.ifreeprize.com. The registration will only take you 5 minutes and it is completely free of charge. You will then be able to access to all our site’s special offers. They are all the best compared to any commercial site as we promise. The second action you need to do is bringing together this Internet site to 3registrants, either your friends or your families. It’s similarly a amazing opportunity for them to enjoy the advantages we bring just like you do. Because of all the values we bring, we are sure that your network will get bigger super like a flash. One supporter can attain up to 15 branches in one set of connections. If your set of contacts on our commercial site grasps up to 30 people fellows, you meet all the requirements to get the $100 Visa gift card, which will be handed in completely completely free to your doorway. Up until now, we have rewarded more than hundreds gift cards to our loyal supporter and you can absolutely be one of them. You don’t need to go anywhere, just be on the Internet and make your very own connections realizing that you are distribute good values to your beloved ones, those you presenting our site. We promise great sales, great services that will always make you and your members pleased.

How To Make The Law Of Attraction Work

Gratitude

Do you want to know how to make the law of attraction work for you. Well gratitude is the most powerful tool you’ve already got but probably not using enough. You may be thinking, I know this and used it without great results. I understand, but let’s go deeper into the subject and you will surely come to the conclusion that gratitude IS the most powerful you’ve got.

What is gratitude

The definition of gratitude is the quality of being thankful; the readiness to show appreciation for and to return kindness. There is obviously more to gratitude than this, as for me it is literally a state of mind shifter. Ok this definitely needs some more explanation, and for that we will have to do a little revision on how we attract things and circumstances into our life.

The Law Of Attraction

The law of attraction states that we attract into our life what we predominantly think about. But what is really happening? Science has already proved that we all are energy fields vibrating at different frequencies. Thoughts also have been proved to have frequencies, therefore being themselves energy. When the proper state of mind is used to focus on certain thoughts they condense until reaching physical form. Yes we all have that power and we do it everyday. Everything in your life has been brought about using that method.

The State Of Mind Shifter

Now how to use that method to attract desirable circumstances into our life?

Remember

Proper state of mind + Thoughts = Manifestation

What I mean by proper state of mind is a state of mind in alignment with our thoughts, good or bad, either way. We obviously do not consciously want to attract bad things into our life, right? That is why from now on you will use gratitude to shift your state of mind from feeling bad to feeling good. The result will obviously be more feeling good and more circumstances to feel good about. Isn’t that the whole aim of life – feeling happy.

The law of attraction also states that in order to have what you desire you must attain the feeling of already having it. Let’s today focus on happiness as everything else will become easier after that.

Sometimes we really get through bad circumstances in our lives and depending on how these affect us, we fall into a state of mind of sadness, anger, or hopelessness etc. Remember, that during those moments, the law of attraction is still operating thus creating more of those states of minds. During those times I think you’ll agree that it is pretty hard to feel happy, so what can we do?

Use the state of mind shifter. Yes use gratitude because we all know that the bad situation will end up being for the best. It often takes a longer perspective to realize that, but it is ALWAYS that way. That is the truth and you know that.

Therefore why wait, why continue to nurture those bad feelings. Feel grateful now and rise above the low frequencies.

Gratitude Does Not Equal Happiness

Feeling grateful won’t bring you happiness, at least not immediately, but it will lift your emotions up and change your thought patterns. As your thought patterns change, your state of mind changes also. You are now in a state of acceptance of the situation which brings you peace. From there, then you can choose happiness. Yes just choose happiness, because you can.

Can you see the Power of Gratitude now?

I will in another article focus on using gratitude to attract any of your desires and suggest ways to make gratitude an habit. I think this one is long enough for now as I do not want to overwhelm.

Feel free to comment or ask any question. Be certain that I will answer them or even write an article about that.

Tips for Planning a Great Wedding (& Marriage!)

Has your significant other popped the question? Have you recently said “I Do”? You’re well on your way to a lifetime of sharing, growing and building memories together. The first step is to make it to the alter. Follow these suggestions from the professionals to pulling off a great wedding and starting a life of marital bliss together.

Keep in mind that bigger is not always better. Often the smaller, more intimate weddings can be very elegant without breaking the bank. Don’t feel compelled to invite every coworker, neighbor or distant cousin. Shop early for your wedding dress and tuxedo. If you’re having a large wedding party, make sure you’ve selected the attire and informed the wedding party accordingly. The next step is to secure the venue. Depending on the size of your wedding, you will most likely work with an event planner provided by the venue. For smaller weddings, a residential setting can be very intimate, elegant and substantially less expensive. Keep in mind that you’ll be married for a life time, yet the wedding will last less than a half a day.

If you’re planning more than six months in advance, send save the date cards to your guests. The easiest way to do this is through email announcements. Save your time and resources for the actual wedding invitation. Finally, secure accommodations at nearby hotels for out of town guests. If you’re expecting a fair number of out of town guests, you most likely will be able to negotiate a group rate at a nearby hotel or inn.

Finally, make your selections for caterers, florists, photographers and music. It’s easy to get talked into more than you need for each of these items. Make a budget and be firm about sticking to it. When offers of help begin to arrive, accept graciously. Everyone likes to be part of the wedding planning. Often, individuals will volunteer to make flower arrangements, food items or party favors as their wedding gift to you. Be thankful and accept. Enjoy your special day with friends and family and cherish these memories for a lifetime! Congratulations to you and your significant other!

3 Commercial Real Estate Disputes and How to Solve Them

When dealing with the intricate and enormous contracts that are found in commercial real estate, there are bound to be things that go wrong where the parties involved are unable to reach an agreement. If these are not handled properly, the situation can become very serious, leading to cases in court that may take years to resolve. This is bad for business all around, and the best way to ensure that the dispute is settled is through commercial litigation. Here are the types of disputes that call for litigation:

  1. Breaches of Contract

A contract is an agreement that states what each party is meant to comply to. When there is a breach of contract, it means that one of the parties has not help up their part of the agreement. This can also happen when there is information that has not been disclosed which could affect the value of the property.Furthermore, tenants who sublease a property without informing the property owner may be in breach of contract, and if there is no clause that addresses this in the contract, a significant dispute may arise.

  1. Holding the Closing

In the instance of a sale, there are issues that can hold up finalizing the sale when the parties involved refuse to agree. This could include responsibility for renovation before the sale is completed, or the issues that may exist with leasing agreements. When this happens, business stops for both parties and they both lose revenue and possible profit.

  1. Duty to Repair

When something goes wrong on a commercial property, especially if it is something that will require expensive repairs, a dispute will often arise about who is responsible for carrying out those repairs. This happens most often with leased properties where it necessary to determine what is the responsibility of the property owner, and what lies in the hands of the tenant. 

The best way to move forward from a commercial real estate dispute is to try mediation. Mediation requires the parties to get together and discuss the problems that have arisen. In this discussion, they are also meant to come up with proposed solution, and it is expected that they will reach an agreement. This is part of the negotiation process, and is a less time consuming and expensive method of settling commercial real estate disputes before there is need for litigation.

In case mediation does not work, it may be necessary to try arbitration. With Arbitration, you seek a third party who has nothing invested in the commercial real estate, and get them to pass judgement by offering their opinion of who is right or wrong. This is often done following the scrutiny of legal documentation, including the details of what has caused the dispute and any other essential factors that should be considered. With arbitration, you are likely to reach a conclusion faster, and also, it is possible to avoid the complexities of a court case.

How to Find the Best Criminal Lawyer in Toronto

If you arrested for crimes such as; theft, domestic violence, murder, rape, hit and run, sex violence, drinking violence, driving violence and abduction, it is important to get experienced and competent lawyer with years experienced in the court of law. This criminal lawyer can help you who are under distress due the accusation of crimes. For those who living in Toronto, a drinking and driving lawyers Toronto is perfect criminal lawyer to call for those who get arrested for those committing crimes. A criminal lawyer can start service and talk to the accused people to know and understand in details about the crime event. A criminal lawyer is usually much in demand as they are sought to against for accused in the courtroom to get the best justice. When a criminal lawyer deals with accused person, they listen to the client and start point of view on this case. A criminal lawyer will start research and work to gather in order to collect more evidence and prepare for trial proceeding in the courtroom.

When you decide to hire a criminal lawyer who focused on your criminal law, then you should find the best ideas to get the best criminal lawyer service as follows:

First, you should determine and choose reliable criminal lawyer that specialize on the name of game. It means that your criminal lawyer needs some specialization within the lawyers. What you need is finding reliable lawyer with years experience and knowledge in criminal law yield.

Second, you should think twice before choose a criminal lawyer or settling for public defender. For some case, it is advisable to hire expert and professional criminal lawyer. If you have a tight budget, then you can hire the best criminal lawyer as you wish.

Third, you should choose reliable criminal lawyer based on your quality expectation. You can choose the criminal lawyer with less experience or extensive experience for your case.

Fourth, you should get the right referral for criminal lawyer information. Personal referral is a good option to get the best recommendation on which the best criminal lawyer to choice. A referral is an important way to get information about their reputation and successful story of the criminal case in the courtroom. You can ask and contact past their clients how your lawyer will work for your case and achieve your goal in the court.

Fifth, you should choose reliable criminal lawyer that belongs to certain group or lawyer. The national group of criminal attorney is a great indication that you are really into criminal law. If you want to check how your criminal lawyer will stand, then you must find and get reliable information if they have an office. Having holding lawyer office is a great indication that your lawyer is competent in criminal law yield.

It is recommended to not fall for ad sense and claims that your lawyer has. They will put anything on ads to get you in. The best thing to do is meeting and discussing with your lawyer directly and personally, so you can decide which one should be take for your case. Find out if your criminal lawyer has reputation in criminal law yield. A criminal lawyers Oshawa is one of option to choose when you are looking for reputable criminal lawyer that really working for your case.

Mark Douglas shows in this blog post the readers additional information about Masstsang.com criminal lawyers in Oshawa and their partners Masstsang.com drinking and driving lawyers in Toronto who are always ready to help any person who is in need.

Buying Property in Dubai

The endless opportunities that Dubai is bringing back to its real estate sector and the influx of new people relocating to Dubai have substantially increased the Dubai property demand. The basics of buying a property in Dubai are the same as anywhere else in the world: “One needs to be very careful in closing a property deal”.

The easiest but longest way, in terms of time, is to buy off-plan property from a developer. The process starts with signing a booking form at the developer’s office and payment of a deposit (10%-15% of the price). However, it is essential that you first ensure that the developer and the project are registered at the Dubai Land Department and that the deposit will be paid in an escrow bank account according to the applicable law.

However, buying a property on the secondary market is much quicker but there are important issues to consider. Essentially, prior to entering into binding agreements, you must ensure that: 1. the seller owns the property and has the legal capacity and authority of selling the property; and 2. the property is free from any encumbrances (i.e. tenancy right, mortgage, lien, any charge or claim).

In Dubai, every property’s broker requires individual registration through the Real Estate Regulatory Authority (RERA) and is issued a renewable Broker ID card which is required to be carried with them at all times, therefore, request your broker to provide his card for verification, and you can also confirm his registration at the Dubai Land Department website.

Also, the whole sale transaction/ deal can be completed by a power of attorney (POA) (“wekalah”) to be issued by the buyer in favor of a third party to authorize him/ her to act on buyer’s behalf in relation to the transaction. The POA may be issued either in the UAE before a Notary Public or outside. However, if issued outside, it must be legalized up to the UAE Embassy in the place of issue and then authenticated at the Ministry of Foreign Affairs in the UAE. Due to certain restrictions on using POAs for real estate transactions, it is advisable that the content of the POA to be prepared by a real estate lawyer.

If you are looking for financing your new property, there are several banks and financial institutions that are offering a quiet attractive interest rate starting from 3.45% p.a. Most banks require the applicant to be between the age group of 21 to 65 years (70 years for self-employed) having a minimum salary of AED 15,000/- per month.

As per latest UAE Central Bank regulations, for the first property, non UAE nationals are only entitled to borrow up to 75% of the property’s value for properties that are valued at AED 5 million or less. If value of the property is more than AED 5 million, they shall be entitled to borrow a maximum of 65%. For the second property the maximum loan will be 60% of the value of the property.

In case of purchase of an off-plan property, the maximum loan amount shall be 50% of the property. The regulations further state that the maximum term of a mortgage shall be 25 years and the maximum age limit of a borrower at the date of last repayment due on the loan is to be 65 years (or 70 years if self employed).

Most banks offer pre-approved facility which would help you determine your eligibility for a home loan before you decide to finalize a property.

For secondary market purchase, upon selection of the property, you shall be entering into a Memorandum of Understanding (MOU) with the seller. The MOU is a document that outlines the terms and conditions of the sale agreement between both parties. Normally, at the time of signing the MOU you shall be required to pay an initial deposit (usually held by the broker). It is advisable to include the following under the MOU: 1. Details of the property and seller’s capacity to sell it; 2. The total purchase price and terms of payment; 3. Time frame to close the transaction to include obtaining No Objection Certificate (NOC) from the developer and transfer of title at the Land Department; and 4. Consequences/ penalties for failure to complete the transaction.

Once the NOC has been obtained from developer, the parties shall meet at the Land Department to finalize the process. The registration fees, balance of the purchase price and broker’s fees (2%-5% of sale price) shall be paid by the buyer, unless otherwise agreed. The transfer of title usually takes around 15-20 days. However, if the purchase is subject to a bank loan, then the process may take up to 50 days as the bank shall conduct a valuation of the property.

For off-plan properties, you are required to enter into a comprehensive sale and purchase agreement (SPA) with the seller who shall ensure to have the sale recorded in the interim real estate register at the Land Department. Once construction of the property is completed and the seller provides a completion certificate, the parties shall meet at the Land Department to finalize the property title transfer process.

It is advisable to have the following included under the SPA: 1. Details of the property and seller’s capacity to transfer it to you; 2. The total purchase price and payment terms (construction progress linked payment plan is usually the case); 3. A completion date with a reasonable extension; 4. Details of the escrow bank account established for the project; 5. Consequences/ penalties in the event of failure to complete construction on time (to include your right to terminate the SPA); and 6. Dispute Resolution (although, in practice, it is common to refer to international arbitration, from experience, we believe that local courts are more suitable for such type of disputes – unless international arbitration is selected for specific reasons).

Disclaimer: The above is a general guide; a professional advice must be sought prior to embarking on a property purchase in the Emirate of Dubai. Please note that each Emirate has its own real estate regulations.

Facebook Rants, Free Speech or Criminal Threat?

A recent Supreme Court case questioned whether a Facebook rant by an Allentown, Pennsylvania man should be considered an invocation of his right to freedom of speech protected by The First Amendment to the United States Constitution, or whether it should be considered a criminal threat.

The trouble for the 31 year old started when his wife left him in early 2010. He was fired months later from his job for making threatening posts online that featured a coworker who had reported him for sexual harassment. Following his termination, the man’s violent posts increased in frequency and at one point included enough suggestion that he may commit a school shooting that the FBI paid him a visit. He was reportedly quoting rap artist Eminem and lyrics of other hip hop performers. The man claimed that his comments were jokes, not meant as threats, and that the violent prose was a form of therapy for his depressive state.

The man in this case was imprisoned in 2011 for making remarks on Facebook about wishing to kill his estranged wife and others, including one of the Federal Bureau of Investigation (FBI) agents who had visited him. He was sentenced to three years and eight months in federal prison.

Criminal Liability in Internet Speech
In an eight to one majority decision, the Supreme Court overturned the criminal conviction, citing that the reasonable person standard was not enough for conviction. The jury was wrongly instructed, having been told that the standard should be whether or not a reasonable person would regard the words as a threat, and that is incorrect. Instead, it decided, the prosecution must show that the writer’s intent was meant to be threatening. Criminal liability must consider the defendant’s mental state.

There is widespread interest in this case, because the Supreme Court was asked to define what constitutes criminal liability in Internet speech. Proponents of free speech were concerned that the casual posts and written Internet exchanges in which many people engage would be subject to scrutiny wherein no harmful intent is implied. Prior to this ruling, in many federal jurisdictions including New Jersey, Pennsylvania and Delaware, the standard was only that the subject of a violent Internet expression must feel threatened.

In the ruling, Chief Justice John G. Roberts, Jr. stressed that the decision is a narrow one, and the law in question does not explain what mental state is required for conviction. Justice Samuel Alito dissented in part. Although Justice Samuel Alito agreed with the reversal of the conviction, he disagreed with the reasoning of Chief Roberts, stating that the undefined mental state requirement for criminal conviction should have been better defined, and he expressed concern about ramifications for the lower courts in deciding similar issues.

The man in this case was released from federal prison in February 2014, and was subsequently jailed in April 2015 on domestic assault charges for hitting his girlfriend’s mother with a pot.

The United States Attorney’s office in Philadelphia is seeking another trial.

About a Criminal Defense Attorney

When you are in trouble, especially related to what could be classified as a crime, the person chosen to represent you must be experienced in cases of this nature. Your first thought in the initial stages could probably be to contact either someone you know such as a family lawyer, or someone you have heard of. Although a legal expert in their own right, they may not, however, possess the necessary expertise and experience to help you. Their assistance may have helped you buy a property, or with a car accident and mean they were an excellent civil attorney; but, you need a highly qualified criminal defense attorney.

This legal expert is generally in their own practice or in small partnerships, in a specific location. By comparison, those who specialize in civil cases tend to concentrate within large corporate law firms offering branch offices in various cities. Although individual personalities may influence differences between criminal and civil attorneys, the primary factor is the widely contrasting nature of the work:

Civil lawyers in large firms have a tendency of representing national and/or international companies who have a legal interest country and worldwide. A criminal defense attorney will represent those persons whose problems are generally localized. Further differences in the type of legal services offered, are seen by companies represented by large firms of legal firms having a continuous need for counseling and representation. By comparison, an individual criminal defendant, usually with isolated or sporadic legal needs will require legal representation as and when the need arises.

It is usual for a typical private defense attorney to have had several years of experience with the government before entering into private practice. This experience would have been gained either as a prosecutor, such as a district or city attorney or as a public defender. A person charged with a crime is usually advised to hire an experienced defense attorney in the courthouse from which the case is pending.

There is in most instances a personal factor in an attorney-client relationship with the appointed legal representative speaking only on behalf of their client, the defendant. Therefore, irrespective of how highly recommended a lawyer is it should not detract from them being a person with whom the client is comfortable and trusts on a personal basis.

A preferred attorney-client relationship is one in which they are full partners in the decision-making process. It, therefore, may be regarded as crucial that defendants are viewed as partners in the proceedings, not just as another case file. If there are various questions and reservations, the client may have regarding hiring any lawyer, they should address them directly. They could mentally determine whether a particular attorney is someone with whom they can work with complete honesty being shared. A further consideration is related to communication and full understanding of all issues.

A criminal charge is a huge burden for any defendant and many, usually first-time offenders, will be seeking a display of personal concern from their attorney, as well as a genuine desire to help! In addition, does an attorney seem a person whom prosecutors, judges and possibly a jury, will view as sincere and trustworthy?

For anyone faced with the potential of time in prison, it is advisable to hire the best available legal expertise, or for a defendant with a restricted income level, one will be appointed by the court. For a person with ambitions towards defending themselves, the nature of the legal system determines that, even highly competent self-representation in a criminal trial is almost impossible.

An attorney specializing in defending alleged criminals is specifically trained and, therefore, it may be considered critical that their unique skills are utilized appropriately in any court proceedings. The profession of a criminal defense attorney has many and varied aspects. Not only are they involved in calling witnesses for their client and cross-examining prosecution witnesses, they also negotiate with the prosecutor, regarding “plea bargains.” This type of negotiation can frequently achieve the result of a reduced sentence or even the elimination of some or all of the charges brought against a defendant. This is just one of the advantages of being represented by the properly qualified legal expert, as prosecutors can be unwilling to negotiate with defendants who are self-represented.

In the event of a defendant being found guilty of the charge(s) against them, their defending attorney may be able to negotiate a leniency that would prevent their client from returning into the criminal justice system. By example; instead of serving a 12 months prison term, their representative could propose on merit, that only 9 months, or less is served, with the balance spent in an appropriate rehabilitation center.

An experienced legal specialist has the ability and knowledge to maintain their clients in a state of reality. They are fully aware of how the case appears or is processing during a criminal trial. Their added advantage is that they remain objective throughout proceedings, enabling insights into the near future of the trial. This is particularly valuable in the event of a client deciding whether to accept the terms of a prosecution plea bargain.

The rules and laws related to criminal prosecutions are complex, with many concealed buried within regulations and procedures and even prior court judgments. A simple example of this is determining if a search conducted by the police at the premises or home of a defendant, was lawful. When deciding whether to enlist the services of a criminal defense attorney it should be kept in mind that this is a decision-making process, related to keeping their freedom!

How to Choose An individual’s Tungsten Engagement Rings

All that is definitely everlasting is usually shift. It goes for the purpose of weddings overly. Over the years people have went out of the classic bright wedding ceremony turn out to be even more ambitious utilizing their themes or templates. Wedding bridal ring is forgotten inside foray and one of your thoughts instantly rising in popularity could be the tungsten ring.This chemically ideal time period just for tungsten jewelry will be tungsten carbide considering they are manufactured from an ingredient who has the two tungsten and also h2o. Eliminate the h2o and along with the engagement ring is certainly not even more than a run-of-the-mill type of material without having the even more good taste which in turn is just not a product you choose.

Tungsten Rings

Tungsten carbide is among the most difficult materials in the world, next only to gem. The reality is stones should be found in that producing steps involved in this specific necklaces. Using a terrible afternoon, you may virtually sludge hammer apart at the wedding band without having stressing regarding denting this rock band. While you might n’t want everyone believing that you might have went marked chattering mad.A regular disbelief who adheres to the following the reality is that in case an important tungsten carbide diamond ring can get caught on the ring finger, you’ll want to suffer a loss of the two. Less than. That bridal ring is generally easily cleaned up and removed by just a health care professional. With no, your personal handy doesn’t have to be minimize as well as yanked from along the way.These are somewhat heavy because the product may be a significant combination. Despite the fact that they often a bit of becoming accustomed to, shipment be transporting a powerful hippo with your kids finger which means you should not discount these individuals down as of this time.

Cobalt Wedding Rings

Re-polishing is undoubtedly possibly not from the tungsten carbide thesaurus. Many people preserve the main gleam. I trapped myself going to express individuals years softly even so the issue is really because you shouldn’t time in any respect. Clearly, not really concerning visual appearance. What longevity can you become?Sparkling magical best talks about home furniture regarding tungsten carbide. Still, if you happen to need this added air flow about program and class, charcoal tungsten carbide companies are definitely the strategy to use. This differentiation between the raven charcoal group of musicians along with a beautiful gem into position might be above lovely. Incidents where curse in which precious stones look bigger on black this fabric. Nevertheless Let me leave that to be able to determine.

Tungsten Wedding Rings

Tungsten is definitely chemically inert consequently it isn’t going to interact with high sodium mineral water or even the sun’s rays. Put differently, there’s really no need to worry concerning rust. It is additionally hypo-allergenic which suggests anyone can use them, even especially those with very sensitive body. Nonetheless, be cautious about construct y carry cobalt. In truth, jog for the mountains if you found 1 because they purpose major pores and skin pain. Typically the safe substitute made use of by nearly all jewelers might be impeccable.It in contrast should not be resized. Still, quite a few jewelry retailers do offer your entire life make certain in order to change an individual’s call when needed. If you can’t guarantee how the dimensions of a person’s ring finger will not likely change as time passes, you need to locate one.The prevailing inconvenience wherever tungsten carbide wedding rings in order to is the fact they’re not smear free of cost. You will have to take it off every once in a at the same time to freshen up the application using a smooth fabric. That’s about that to perform to make it giving the impression of its brand new.

Law Of Attraction Tips On How To Affect Other People’s Behavior

Law of Attraction Tips on How to Affect Other People’s Behavior Did you know that using the law of attraction means you can actually affect the way others are with you? I’ll answer the inevitable “free will” question in a moment, but with the law of attraction tips below, it is perfectly possible to change the behavior and attitude of people in your life. And you can do this without confronting them, without engaging in any interaction at all.

How Thoughts and Emotions Affect Physical Reality You may have heard about quantum physics. It’s a big topic of course, but the bit that we’re concerned with here is the fact that on a very basic level, everything is connected. You can do some research online to find out more about the experiments that have been conducted to prove this if you like.

You may also have heard of the experiments carried out by Doctor Masaru Emoto with water. I won’t go into detail here – you could look him up to learn more – but the upshot of his experiments is that thoughts and emotion affect water to the extent that when it is frozen, water that has been exposed to kind words and thoughts forms beautiful, clear, symmetrical crystals, while water which has been exposed to hateful words and thoughts forms crystals that are muddy in color and drastically misshapen.

The point of these observations is: if everything is connected, and one of the results we can see from this fact is that emotion literally changes the physical state of molecules in water…. and considering we consist of a high proportion of water… you can see where I’m going with this. Now, if thoughts, emotion and intention can affect the physical, imagine how much effect they have on the mental, emotional and spiritual.

How to Change Other People’s Behavior To change someone else’s behavior and attitude, you need to send… okay, this is going to sound a bit wafty, but bear with me…. you need to send unconditional love to them. Remember the water crystals – sending love and kindness to water changes its state completely, as does sending hate and negative thoughts. It does the same to people.

There’s a very easy way to learn to do this – with anyone – which I’ll share in another article, but understand that what you are sending to this person is not an emotion, it is a power. It may take a little time, but if you are consistent, you will eventually find that either the person changes, or you just happen to not be around when they’re in that “mood”, or they move on out of your life altogether (depending on what they’re creating in their own life experience). I know it may sound simplistic and even “airy-fairy” but I (along with many others I know) have used this method with a variety of situations and people, from an arch enemy to a difficult bank clerk, and the results have been incredible – difficult to believe at times, but consistent.

What about Free Will? No-one else can create in your life. Only you attract and create your life experiences. The only way someone else can contribute to your life is if you cooperate. Now, most of us cooperate without realising it, in the way we respond and react. The free will bit means that if you are only creating good stuff in your life, but the other person doesn’t want to change, synchronicity will be created so that you won’t be around them when their behavior is contrary to what you are attracting. In some cases, your subconscious and theirs will even arrange for you to not be in each other’s lives at all – you or they may get an opportunity to move away, change jobs, or any number of other possibilities.

All you need to do is focus on feeling good, and channelling the power of unconditional love (remind yourself of the water crystals), aiming it at everything – including the people you wish would change. It’s one of the most powerful law of attraction tips I can share – you have nothing to lose, just try it, and watch the magic happen!

New Child Car Seat Laws in New Jersey

The correct car seat for your child can be a lifesaver when installed and utilized accurately.

 

The proper use of child care seats is the most effective method to protect children in the event of a car accident. The Center for Disease Control and Prevention (CDC) reports that infant and child car seats reduce the risk of infant deaths by 71%, and 54% for toddlers ages one to four.

In order to keep children safe in the event of a car accident, modifications and recommendations to car seat laws are necessary to coincide with new car safety technology and related research findings. New Jersey recently amended its current child car seat laws with changes in effect starting September 1, 2015.

New Jersey’s most important update to the car seat law complies with the American Academy of Pediatrics (AAP) recommendation that children remain in rear facing car seats until the age of two. Keeping the car seat rear facing for as long as possible significantly reduces the risk of small children being fatally injured in car accidents, according to the AAP.

South Jersey Car Accident Lawyers explain New Jersey Child Car Seat Law Amendments
Two year olds and under that weigh less than 30 pounds must be secured in a rear facing restraint system that has a five point harness

Four year olds and under that weigh less than 40 pounds must be restrained in a rear facing five point harness system until the child outgrows the manufacturer’s height and weight specifications OR a forward facing car seat that has a five point harness

Eight year olds and children under 57” tall must remain in a five point harness restraint system until they outgrow the manufacturer’s height and weight specifications.

Child car seats should always be placed in the middle of the vehicle’s back seat for the best possible protection. In the event that a car does not have a rear seat, the side passenger airbags must be disabled prior to placing a car seat in the front. Never place a rear facing car seat near an airbag; the force of the airbag deployment will harm a child.

The state of New Jersey addresses child safety in car accidents as a top concern; therefore, it is important for parents to determine the age and size appropriate seat for their child. In addition, correct installation and use is necessary in order to provide the best protection for a child. The New Jersey Division of Highway Traffic and Safety found that three out of four child car seats are not properly secured or restrained. Refer to the manufacturer’s height and weight specifications and installation instructions when purchasing a child car seat.

Reasons to Hire a Family Law Attorney

Family law attorneys specialize in a variety of cases, including cases that involve divorce, child custody, child visitation, child support, spousal support and guardianships. There are many reasons to hire a family law attorney and many benefits that can be reaped when retaining the services of a legal professional.

Familiarity with Cases If you receive paperwork regarding a family law matter or you initiate a proceeding regarding a family matter, you are likely a novice who has never dealt with the issues at hand previously in your life. Even if you have contested the matter on a previous occasion, your familiarity with the family court system is likely limited. Family lawyers are familiar with all aspects that pertain to cases and will know how to handle paperwork that you receive.

Procedural Issues Family attorneys are aware of various civil procedures that can affect your case. Each state has its own set of rules pertaining to how a party can be properly served with papers pertaining to family law cases. Attorneys are also aware of jurisdictional restraints and will comply with these restraints so that your case is not immediately thrown out. These matters are very important and can dictate whether a subsequent ruling is valid or not. If a party was not served properly or if the court does not have jurisdiction, the case must start all over and any decisions that were made in the interim will be overruled.

Knowledge Family lawyers make their living convincing judges and other parties of the merits of his clients’ cases. They are knowledgeable about all aspects pertaining to family law and the various elements that must be proven in each family law case. For example, a lawyer must prove that a change in custody is in a child’s best interest. This standard is determined based on numerous factors, including past physical violence, alcohol abuse or drug abuse, the child’s relationship with both parents, the amount of time that he has spent with both children and other factors. Most lay persons do not have this knowledge of the law and do not know which information may be relevant during court proceedings.

Stakes One of the most important reason to hire a family attorney is to protect your rights. The stakes of these type cases are often high, including children being removed from the home by a child protection services agency, losing custody to another parent, losing assets through a divorce or not being able to protect a family member who is not capable of caring for himself. When the stakes are so high, it is important to hire a professional who can handle these matters and advocate for your rights.

Likelihood of Success Hiring a family lawyer increases the likelihood that you will succeed in your case. Judges recognize when parents hire attorneys that they are serious about the family law matter and are willing to sacrifice financially in order to pursue a matter in which they believe. A party who does not have adequate counsel is less likely to be taken seriously.

Level Playing Field When one party has an attorney and the other party does not have his own legal representation, this can quickly cause an imbalance of power and bargaining power. The party with legal counsel will likely intimidate the other party and will have an advantage inside and outside of the courtroom.

Hiring a family law attorney increases the resources that you will have access to for your case. A family law attorney has access to paralegals, researchers and investigators who will help to prove the necessary elements of your claim and handle your case. Attorneys can use decisions from prior cases to help guide the court in making a decision that is advantageous for you. Attorneys will also help complete paperwork and comply with filing requirements.

How difficult can medical claim filing and payment posting be?

Hospitals, healthcare organizations and dentists have long been occupied with the issue of medical filing. The process of medical claim filing is overtly complex, requiring paper work, filing and adjudication. Moreover, with the introduction of new reforms in the system every other day, which is ironically meant to save time and energy of the physician, is a reason for increasing problems until physicians manage to successfully make the required changes.

Hence more documentation, additional reform requisites requires more administrative staff. At times, the ratio of staff dedicated to handle the paperwork to doctors can even be as high as 1:12. Organizations can end up making 19 copies for every document, for which they have to spend $20 in labor to file these documents. However, 1 in every 20 documents gets lost due to glitches in administration. The increasing documentation requires attention and efforts from physicians as well, which makes it difficult for them to concentrate on what they are supposed to be. Hence, it also leads to the shortage of doctors in the healthcare organizations.

With the electronic filing of the claims made mandatory with HIPAA, it will benefit physicians due to lesser paperwork, but physicians now need to update their systems with the right software to file claims electronically. Also it has become crucial for the physicians and coders to be trained in ICD 10 for future filing of claims. Moreover recently in an event of aberration, the claim has a high chance of being rejected and the physician has to repeat the process all over again. This invariably leads to time consumption and cost delays. Insurance payers recently have become increasingly stringent about the course of claims, thus directly afflicting the physicians and their revenue procurement.

Hiring a trained and professional medical biller and coders services can provide a breakthrough for the physicians from all of these problems. The professional medical biller and coder possesses sound knowledge about the rules and regulations regarding medical coding including constantly changing updates, regulations and compliance. Issues like claims denial, medical necessity, bundling issues and charge capture can be handled by them efficiently.

Reforms like HIPAA which are actually designed to protect the privacy can actually be a reason for major concern among the healthcare organizations. They require claims to be filed only electronically, which is undoubtedly a fast method, but besides challenges like converting to system of electronic payments, there are times when the electronic claims get rejected because of lack of petty things like right payer number, provider’s pin number etc. These issues, although seem to be minor, may end up in over extended deadlines and a loss of revenue to the organization. In this scenario, presence of a specialized billing service may help avoid such problems in the organization.

Medicalbillersandcoders.com, the largest consortium of medical billers and coders has been catering to the healthcare industry with its skilled and experienced billers and coders who simplify these processes for you and help in smooth functioning of your organization. Physicians form over 50 US states have been outsourcing their medical claim filing to MBC and are now confident about maximising their revenue cycle and managing their funds through MBC’S billing service.

All you need to know about plumbing and plumbing installation

Plumbing is a system of fixing pipes, stop leaking faucet, running toilets, sinks pipes, hot and cold water, drainage venting, fuel gas piping, septic system, replacing shower valves, water heater leaks etc.

The best plumber is selected by the persons only by recommendation of your family member, friends, and relatives. If your family member, friends and relatives knows about any plumber who is best in his work you can select him for the job. You can also select a plumber through the internet. The web sites are available to search a best plumber to hire for the job.

A plumber is good or bad by his experience not by his tool box or certificate. Plumbing is neither a simple nor a difficult work. There some important points are given which are always remembered by you while plumbing. These are: –

If the water pipe burst then immediately cut the water supply. But a lot of water filled in your home and messing up the floor. If you can’t clear the water from the floor then the water ways to lowest part of the house.

Remove furniture from the floor so that the furniture can’t contact with water. Remember that the plumbing is a very messy process.

Clear the work area for plumbing so that the plumber Putney works easily. Because the plumbers offer a wide area for service because they use high standard tools and materials while plumbing.

The kids and pets are getting in the way.

There are two ways for plumbing: – The modern and the traditional way. In the modern way the modern techniques are used and in the traditional way the traditional techniques are used.

In the traditional way plumbers can stop a leaking faucet, running toilet, and sink pipes causing damage in cabinets. These are used in modern and traditional both.

In the modern way plumbers supply the hot and cold water, plumbing drainage venting, fuel gas piping, septic system etc.

The plumber who comes at your home is a stranger person. So before inviting him at the home you have to investigate about him that he is actual a plumber Wimbledon or not. You make sure that the plumber comes on the behalf of the plumbing company which you are selected.

Why the plumbing is needed?
The plumbing is needed in many ways. These are given as follows: –

The plumbing is needed for pipe fixing. When the pipe burst and water coming down on the floor from the pipe. Then you have to turn of the water supply first and call to the plumber.

The plumbing is needed for gas leaks. If the gas is leaking in your house then shut off the gas valve and calls to a plumber. It is a dangerous operation handled by a professional.

Plumbing is needed for water heater leaks. If the water heater leaks then it can easily fixed by the plumber.

The plumber is not verified by a tool box and by a certificate. He is verified by his work. If a plumber Kensington has a specialized knowledge about the plumbing and he handles his work in any situation is a good plumber.

How to Pick a Trustworthy Divorce Attorney

It’s never easy when a marriage ends. Even for those who believe they can separate amicably without fighting for property, court may still loom before them. In order to make the process less painful, lawyers are called. However, more people waste time and money trying to find the right divorce attorney than they should. Here are some simple tips to help select the right advocate.

Know Your Needs

Not every marriage is the same, and the dissolution of that contract should be treated just as uniquely. Most lawyers have some area they specialize in when it comes to these matters, and they will try to guide you in that direction. However, by understanding what you need from your advocate, you can avoid the hassle of working with someone who is ill-suited for the job.

Identify Three or Four Potential Lawyers and Interview Them

There are dozens of divorce attorneys in any given area. Each one has a unique way of approaching the situation, so not all of them will work out. You shouldn’t go with the first one you find in the Yellow Pages or on Google. Identify two or three good names and do further research. Check out their websites and talk to friends or family who may have gone through this situation.

Once you are sure these are the names for your short list, contact each one by phone to discuss your situation. Be sure to ask about their experience and area of expertise. Find out basic information such as fees and retainers. If you find they are out of your price range, thank them for the information and hang up, as there is no reason to continue to waste their time and yours.

Many lawyers will offer a free initial consultation to review the facts of your case and see if they are right for you. If this option is available, take advantage of it. This will give you a chance to have a one-on-one discussion about the case. Find out about their legal approach and ask to meet any colleagues or office staff that will be helping.

Warning Signs

Most divorce attorneys are there to help you legally end your marriage. It’s their business, and they behave ethically and professionally. However, a few do not take their work as seriously. Any lawyer who is more concerned with his email, phone calls, or texts than speaking to you about your case will not give it the attention it deserves. Likewise, anyone that talks poorly of their competitors just to get a client probably won’t speak highly of you when you are out of the room. You shouldn’t hear war stories about other cases he or she has handled. If they are divulging privileged information to you, details of your suit won’t remain confidential either.

By taking your time and doing your homework, you can get the best divorce attorney for your case.

Just How To Produce Wealth And Economic Safety For Your Retirement

Worried about your retirement income or not enough it? Many people are. In the present economy, preparing for retirement is now a whole lot more difficult for nearly all people. You cannot even rely on your J.O.B. To supply certain types of job security anymore. It is no secret that many businesses are sidestepping the obligations of retirement planning their employees. They are actually handing it over to you and another employees to take care of your self after retirement. There are no job securities or guarantees anymore. You can’t look forward to or depend on your company to provide you with retirement security. Some of you may still be happy to own these benefits remaining for the time being, but can you really depend on it? You may be some of those who don’t? What exactly is next?

This simply implies that you will have to be more creative to discover a solution or solutions on your own retirement investments. Ouch! That may be a tough one. What if you have no idea about investing? What’re you likely to do? The good thing is that with your changes in the work place and the job market, it opens the doors of opportunities. It lets you think differently, think out-side-the field. These retirements’ concerns help develop the mind and develop your investment capabilities. You’ll are in possession of to check out things from the different perspective. What if you are young and already contemplating your retirement? What if you are now ready to retire or what if you have already retired? Good! You are now ready for more information about an investment strategy which will produce tremendous wealth and change your complete financial lifestyle forever.

With these financial crises that everyone is faced with and the decline in the current economy, securities of sorts have fallen. It has left just about every buyer frightened and uncertain about their economic future. Stocks and bonds have did not force away losses. Nearly all buyers learned the hard way and realized which they absolutely need to rewrite the rules of creating an even more safe and secure financial account to be able to protect their retirement. When it comes to retirement planning, particularly those who are approaching the second half of their lives, they are just not sure what direction to go or how to prepare themselves for the longterm. Thousands of people worldwide are actually lost and confused. The issues on everyone’s mind are; what is the most effective strategy to create long term money and economic security to allow them to appreciate retirement without stress? So they can prepare and provide for their family members? Well, you are about to get the answers to these issues in only a little known secret that has existed for well more than 100 years. This is actually the same techniques that the wealthy used to create and secure their wealth… Welcome to Duty Lien Vouchers and Tax Deed Investing!

That Investment Method Is Guaranteed in full To Produce Prosperity And Secure Your Retirement.

Duty Lien Certificates; that is quietly called probably the most dependable expense vehicle ever designed and has existed for well over a century. This is how the rich and wealthy develop and protect their money. Very few people find out about Tax Liens Certificates and even fewer knows how it works.

Government Guarantees High Rate Of Return; purchasing tax liens certificates provides you with in amazing high rates of return on your own assets. Why be satisfied with 1% – 5% interest rates from your bank or CD if the government has guaranteed to provide you with 16% – 36%+ return back in your money. No need to be worried about the ups and down of the stock markets or ties. Your investments in tax liens are safe, safe, and predictable. You are fully guaranteed to acquire a always check from the federal government with a super higher rate of return on your investments.

Your Retirement Strategies; you might do like the thousands of people all over America who’re making the change to take individual responsibilities for his or her own financial well-being. Some got started by utilizing their self-directed IRA account and find yourself increasing the total amount in the pension account tremendously. Why settle for only a measly 1% – 5% in your bank or CD when you are able make 16% up to 36% and more? This is a proven investment vehicle that changes lives. No buyer has ever lost money with this specific investment. It’s a very well-kept secret that is protected by the rich people. Today, there’s a chance to make a difference in your economic life as well!
Now, I’m sure you could see why this really is definitely one of the best choices for you to invest your money in tax liens without the unnecessary risk like the stock exchange. There is no way you can drop because all this is assured by the government.

Welcome..You are going to learn how a few of the wealthiest people in America, are living a very wealthy, secure and effective lifestyle and how they are carrying it out! You’ll discover how they are able to secure their money, create and enjoy an exciting, soothing and even unique pension life style with no economic anxiety! To find out more about this Retirement Strategies that teaches you the established and powerful methods to quickly develop Financial Freedom with Government Tax Liens Certificate.

Swimming Pool Contractors: Thinking of Building Your Own Pool? Think Again.

Although you may consider yourself to be a pretty competent do-it-yourselfer, taking on the task of building a swimming pool is quite an undertaking and better left to pool builders. If you think the whole process through, you will realize that there are many steps to pool construction that you will need to handle or supervise yourself, instead of having experienced Swimming Pool Contractors do them.

The first step is designing your pool. There are a lot of factors that Swimming Pool Contractors look at when designing a pool specifically for your backyard. Are there any grade issues or sloping? Swimming Pool Contractors can let you know your choices in regards to putting in a retaining wall or designing a cool vanishing edge pool that looks like it is flowing down the back of your property.

Experienced Swimming Pool Contractors will know the specific engineering that is required to build vanishing edge pools and other pools that aren’t built on flat ground. Does your yard have an odd shape? Swimming Pool Contractors know how to maximize your space so that you get a decent sized pool and also an area for a deck to entertain on.

Next you will have to do a construction plan to submit for a permit. There are specific requirements for each municipality so you will have to research this before doing one. If you do not have the skills to do one, you will have to hire someone to do it for you. This is one of the many things that are typically included in the scope of work by pool builders. Once the plan is done, you will have to get your own permit before you can start the construction. The city or municipality will require that you have certain phases of the project go through an inspection and Swimming Pool Contractors know exactly what it takes to pass these inspections.

In essence, you take the role of general contractor when you build your own pool as you will have to hire sub contractors for all the different phases of construction. This presents more than one potential problems as unlike using pool builders, you won’t know how capable your subs are unless you have personal references. Plus, you assume liability for anything that happens to them in your backyard. All reputable Swimming Pool Contractors carry General Liability Insurance as well as Workers Comp Insurance, relinquishing you from all liability during the whole pool construction.

You will also have to factor in the time that you will spend overseeing the subs. A pool typically takes four to six weeks to build and when you use Swimming Pool Contractors to do the construction, you don’t have to be home while most of the work is done. They will have their own supervisors watching the crews.

The next concern should be if your subcontractors warranty their work. A pool is an expensive permanent structure that will be used for many years. Will your subs be around then and will they readily respond when something breaks or if you have a problem? Large reputable Swimming Pool Contractors will frequently have a better warranty than smaller pool builders.

When you think of all these things, don’t you think it is best to leave pool building to Swimming Pool Contractors?

How Does Common-Law Marriage Work?

How Does Common-Law Marriage Work?

How a Common-Law Marriage Begins

  • A couple moves in together and share a home. They agree to marry, but there is no ceremony. They move in together and live together for an extended period doing all the same things that a husband and wife would do. They consummate the relationship. They share the bills. They may purchase a home. They may have children. It is clear that they have a romantic relationship. They publicly refer to each other as husband and wife. According to the National Conference of State Legislatures, they must “agree that they are married, live together and hold themselves out as husband and wife.”

How the State Recognizes Common-Law Marriage

  • If the couple lives in a state that recognizes common law, after the amount of time dictated by the statute passes, the couple is treated as husband and wife by law. The amount of time they must be married before they are considered married by law varies from state to state. States that accept common-law marriages are Alabama, Colorado, Iowa, Kansas, Montana, Rhode Island, South Carolina, Texas and Utah, as well as Washington D.C. A handful of states recognize common-law marriage if a couple is together before a certain date, meaning new unions are not recognized. They are Georgia, Idaho, Ohio, Oklahoma and Pennsylvania. New Hampshire recognizes common-law marriages for reasons on inheritance only. According to U.S. federal law, if a couple has a common-law marriage in one state, they are considered married in all states.

Benefits and Restrictions on Common-Law Marriage

  • In states where common-law marriage is recognized, couples can file joint tax returns, have full visitation in hospitals and collect health and inheritance benefits. A couple who is considered married by common law must go through the same legal proceedings to separate as if they had actually been married. This law comes from the theory of common-law marriage as one of estoppel. This means that a couple cannot claim that they are married and then change their minds when they have a dispute.

Texas Labor Laws About Breaks

Texas law doesn't require employers to provide rest and meal breaks

Texas employers aren’t legally required to give workers lunch breaks or other rest periods during the work day. However, this doesn’t mean there are no rules that Texas workplaces have to follow. Federal law regulates when employers can take deductions from workers’ pay for breaks, and provides for breaks for certain groups of employees, such as nursing mothers and people with dangerous jobs.
No Mandated BreaksTexas doesn’t require employers to give workers time off during the work day to eat meals, smoke, or take a coffee break. The Lone Star State isn’t alone — only 20 states, plus Guam and Puerto Rico, require employers to provide meal periods. Mandated rest breaks other than meals are even more rare. Only seven states legally require any kind of rest breaks. However, even though they are not required to do so, most workplaces do give workers some reasonable rest periods. When an employer opts to allow employees breaks during the day, several federal regulations kick in.

Pay for BreaksIf a job allows workers to take lunch breaks of 30 minutes or more during which they do not have to perform any work duties, those breaks can be deducted from workers’ pay under federal law. However, if the employee has to do any work during that lunch period, such as answering the phone at a desk or monitoring a machine in a factory, the employer must pay the employee for his time. Employers generally have to pay employees for shorter breaks, such as time spent using the bathroom or getting coffee.

Nursing MothersA provision of the 2010 Affordable Care Act requires employers to allow new mothers reasonable breaks from work to pump breast milk — or to nurse their infants if infants are allowed in the workplace — during the work day for the first year after their babies’ birth. Employers also are required to give workers a reasonably private place other than a bathroom where they can nurse or pump breast milk free from intrusion by coworkers or the public. These breaks can be unpaid.

Hazardous JobsWhile work breaks are not legally required for most employees, one exception is for workers in highly hazardous occupations such as high-altitude steel erection or nuclear plant operation. Workers in nuclear power plants, for example, are not allowed to work more than 16 straight hours, more than 16 hours in a 24-hour period, more than 24 hours in a 48-hour period, or more than 72 hours in a 7-day period. Workers in such facilities also have to be given a break of at least 8 hours between work shifts

Some helpful tips for kitchen fittings

There are so many things that you can do with the kitchen design. A few of such things are mentioned below:
Tip 1: Make your own sketch or plan: Before you ask your designer / fitted kitchen specialists to produce a 3D design of your kitchen, create a sketched plan of the desired fitted kitchen. It doesn’t matter how good you might be at drawing, it can help you to supply quite aspects that you desire to include noted down.
You are able to take inspiration out of your current kitchen or through researching on the internet and in gossip columns. An artist will appreciate this starting point.
Tip 2: Take space into account; how about to produce more room for the kitchen by extending it? An extension cord enables to have an open plan fitted kitchen and dining / living space. Your kitchen fitter Caterham or fitted kitchen specialist should be able to counsel you around the best way to maximize the potential of your kitchen area space.
There are numerous approaches to layout any kitchen so it’s vital that you explore all options along with your kitchen expert.

Tip 3: Water supply and further electric power points, under floor heating; if the budget is tight then do not move about with the sink, gas pipes or waste since this adds substantially to kitchen installation time and price. When it is needed and budgeted for, then you’ve got more possibilities for creativity.
Your requirements for plugging in large appliances such as washers and dishwashers, along with smaller utensils, such as toasters etc. will determine how much power point sockets that you’ll require.
Under floor heating ought to be planned in advance and discussed together with your kitchen remodeling company.
Tip 4: Flooring will give your home an extreme facelift but needs to be planned well in advance since it has implications for plumbing and under floor heating etc. Wooden floors, laminate, tiles and vinyl are selections for your kitchen.
Tip 5: Lighting design; a hanging light and spotlights create two different atmospheres. In kitchens it is important to consider both practical safety and design.

Lights over sinks and preparing food areas can be extremely helpful, as well as enhancing the aesthetic.
Tip 6: Kitchen unit style / worktops; the option of unit style is entirely your responsibility however you must look into long or short term kitchen use. In the short term you would put in a practical kitchen using a neutral look and colors. A kitchen that incorporates modern appliances but attracts wide spectrum of buyers is important in the event you decided to sell the house in just a couple of years.
In the future kitchen plans you need to be certain your home style and color will correspond along with other linked home areas to create continuity in your property. An up to date kitchen blended with traditional furniture in open lounge wouldn’t normally necessarily appeal to you in order to your guests.
Tip 7: Appliances and sink choice; Bet on top quality appliance even at rental properties. The cheapest appliance costs twice or three times over in order to change them within 2-3 years. Mid or top end appliances can last longer.
Right handed people should you prefer a sink which is left drained and visa versa. This really is worth keeping in mind.
Tip 8: Kitchen ergonomics; Practicality is everything within a kitchen and so it is very important that there be described as a logical layout based upon your meal preparation process.
It could seem sensible to include a cooking area close to your cooker using a sink nearby; you don’t want to must carry dirty plans a long way.
Keep your carpenter Dorking understands your cooking processes when designing your home layout.
Tip 9: Fitted kitchen baseline units; Meticulous planning of units will ensure that there are enough room to deal with all your kitchen cookware. There are many storage options available.
Tip 10: Hiding boilers; Exposed boilers can ruin a fresh kitchen design. You can disguise it by encasing it inside a matching kitchen unit. With the budget you can even consider moving the boiler out of the kitchen altogether.

How to Prove a Common-Law Marriage in Texas

You don’t need a marriage license or a wedding ceremony to be married in Texas: it’s one of the few states in which it is still possible to establish a legal common-law marriage. This is important in a number of situations, such as if one of you dies without a will, or if you separate and need to divide your property. In Texas, you must pass a three-pronged test to prove a common-law marriage.

Image of a husband and wife.

Covering the Basics

  • First, you must meet the basic legal requirements for married couples in Texas. A common-law marriage isn’t a means to create a union that would otherwise be illegal in the state. This means that the parties must be a man and a woman, and neither can be married to anyone else. You must not have had a divorce in the previous 30 days. The parties can’t be related to each other and must be at least 18.

Three-Pronged Test

  • To prove a common-law marriage in Texas, you must meet three requirements. First, you must mutually agree to be married. For example, a man can’t insist he’s your husband if you don’t consent. Second, you must tell other people you’re married. This can be done through several means, such as introducing your partner as your husband, signing an apartment lease as husband and wife, or filing a joint tax return or credit card application as spouses. Finally, you must live together in Texas as husband and wife. For example, if you told people in Louisiana that you were married, but never represented yourself as a married couple after you moved to Texas, you wouldn’t qualify for common-law marriage in Texas.

Making It Official

  • If you meet the requirements, your union will be considered a legal common-law marriage. You can formalize the common-law marriage in Texas by filing a declaration of marriage form with the Bureau of Vital Statistics at your county clerk’s office. Keep in mind that not all states will recognize the validity of your union. If you decide to move from Texas to another state, consult with an attorney or contact the new state’s county clerk to find out if your common-law marriage will be valid there.

Providing Proof

  • You may need to provide proof of your common law marriage in court if, for instance, you are getting divorced and need your property divided. If you have proof of all three elements — mutual consent to being married, living together in Texas as husband and wife, and telling other people you’re married — then the court will recognize your common-law marriage. Your own testimony or testimony of witnesses can help. Documentation that you’ve lived together in Texas is a form of proof, as is showing joint tax returns or credit cards you signed as spouses.

California Common Law

California does not recognize common-law marriage. Many people incorrectly believe that if two partners live together for a certain length of time, their relationship constitutes a common-law marriage in California. On the contrary, there are only 12 states that recognize common-law marriage (as of 2010) and California is not one of them.

The state of California does not recognize "common law" marriage.

Where It’s Recognized

  • Twelve U.S. states recognize common-law marriage: Alabama, Colorado, Iowa, Kansas, Montana, New Hampshire (but only for inheritance purposes), Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas and Utah. The District of Columbia also recognizes common-law marriage.

Marriage Criteria

  • If you live in one of the states that recognize common-law marriage, you should know that such a marriage can exist only when: a heterosexual couple live in a state that recognizes it; they have lived together for a significant length of time (not defined by any state); the couple present themselves as a married couple, using the same last name, calling each other their spouse, and filing a joint tax return, for example; and the couple intend to be married.

Facts

  • Unless all four of the above statements are true, there isn’t a common-law marriage. Just like in a conventional marriage, when a common-law marriage exists, a couple must go through the same formal divorce process to end the marriage.

Expert Insight

  • Family Law Free Advice states that if a couple move from a state that recognizes common-law marriage to a state that doesn’t, the new state will usually recognize the marriage. That means that if a couple lived in Montana, where their common- law marriage was recognized, and they move to California, California will most likely recognize the couple as being married.

Warning

  • In the book “Living Together: A Legal Guide for Unmarried Couples,” it says that if you live in a state that recognizes common-law marriage and don’t wish to be married, it’s a good idea for both of you to sign a statement clearly stating your joint intent. If you use the same last name or share property, it’s important to do this; otherwise a common-law marriage may later be found to exist.

How to Get a Divorce From a Common Law Marriage in Colorado

Colorado recognizes common law marriage when a couple has been living together and holding themselves out to the public as married, even if they never had an official wedding or applied for a marriage license. Common law marriage in Colorado has the same legal effect as traditional marriage. Therefore, common law couples must get divorced in the same way as traditionally married couples.
Leaving a common law marriage requires getting a traditional divorce.

Instructions

  1. Determine whether you have been in a common law marriage. There is no hard and fast rule, but the three top elements in Colorado are cohabitation, mutual agreement to be married, and holding yourselves out to the public as being married. Other factors to be considered are how taxes are filed, bank accounts are kept, and whether the couple share a last name.
  2. Discuss with your partner issues such as child custody, support, and property division. If you are able to come to an agreed settlement, you will both save a lot of money in attorneys fees.
  3. Sign a divorce agreement with your partner if you can come to an agreement. Outline the obligations of the parties such as who will take care of the children and how property will be divided. If you are unable to come to an agreement with your partner, you will need to seek the court’s assistance in resolving property or child custody disputes.
  4. File for divorce with the local Colorado district court. If you fail to formally file for divorce from a common law marriage in Colorado, you will remain married, and any subsequent marriage will be void and in violation of bigamy laws. The court will set a hearing to determine how the divorce should be terminated and the details of property distribution. If there are children involved, there will likely be a separate hearing or series of hearings to determine custody. If the divorce is not amiable, then you will likely need to hire an attorney to help you through the process–especially the child custody issues.
  5. Attend all hearings set by the court related to your divorce. If you are unable to attend, move the court to reschedule. When attending the hearings, bring all documentation to show when the marriage began and why you are entitled to certain property rather than your spouse. If you owned property prior to the common law marriage, or inherited property individually during the marriage, bring documentation to show that you paid for maintenance of that property with your own separate earnings for the duration of the marriage. If possible, bring documentation to show that the property was not used for the benefit of the marriage.

Instructions for Filing a Common Law Lien

A common law lien is a legal recourse in some states in which the claimant places a lien on real or personal property of the owner, provided that the claim doesn’t fall under any of three categories: 1) statutory, 2) security interest or 3) judicial. A common law lien allows the lien holder to attach a claim to the property if the owner has failed to pay him for services rendered or work performed. In essence, the lien allows the claimant to pursue and collect on a debt.
Placing a lien on the owner's property is the first step to collecting a debt.

The Lien Holder

  1. File a statement of Intent to Record a Common Law Lien against the owner’s property with the county recorder in the county where the real or personal property is located. Your statement must include information on the property owner, the address and description of the property’s physical location and the amount of the debt you claim is owed. You must file within 60 days of the date you last performed work or provided service. The county official will send a copy of the Intent to Record to the property owner.
  2. Allow 30 days for a response from the property owner.
  3. File suit against the property owner within 30 days if he responds with a Request to Commence Suit. If you don’t file suit within 30 days, the lien becomes void.
  4. File a Certificate of Satisfaction if you and the property owner reach an agreement about settling the debt. The certificate releases the lien against the property. Record the certificate with the same county recorder where you filed the statement of Intent to Record a Common Law Lien.

The Property Owner

  1. Send the lien holder a Notice of Request to Commence Suit within 30 days if you wish to challenge the lien holder’s claim. Send the notice by registered mail or by certified mail, return receipt requested, to the address on the lien holder’s statement. The lien holder has 30 days to file suit. If you agree that you owe the lien holder a debt, then contact the lien holder to try to negotiate a settlement.
  2. File an affidavit of service with the county recorder to request the release of the common law lien after 30 days if the lien holder has not filed suit. Include on the affidavit the date the lien holder received the Notice of Request to Commence Suit.
  3. Write an additional statement that the lien holder has not filed suit and that the courts have not rendered an unsatisfied judgment. Attach a copy of the Notice of Request to Commence Suit and a copy of the certified mail return receipt indicating when you mailed the notice to the lien holder. Be sure to keep copies of the notice and the affidavit records.

Negative Effects of Affirmative Action

Affirmative action is a very broad term that can include any measure, especially in workplace or educational contexts, designed to provide opportunities to individuals within some category historically denied those opportunities. In 1961, President Kennedy signed Executive Order 10925, which used the phrase “affirmative action” in this sense for the first time and declared it the policy of the U.S. government.

An executive order signed in 1961 introduced the phrase "affirmative action" in its modern sense.

Negative Effects

  • Opponents of various sorts of affirmative action programs have offered a variety of arguments, many of them based upon negative consequences they contend that the programs have. For example, whenever subcontracting opportunities are limited any requirement that deliberately includes someone must — perhaps less deliberately — exclude someone else. The person or persons excluded from these opportunities will surely plead that they have become the innocent victims of the program sponsors’ sense of social justice.

Adarand vs. Pena, 1995

  • The case of Adarand vs. Pena dramatically illustrates the arguments over affirmative action. The U.S. government gave the contractors on highway projects a financial incentive to hire subcontractors controlled by “socially and economically disadvantaged individuals,” and used race-based presumptions to identify such individuals. This policy resulted in the failure of a bid by Adarand to work on a highway construction project in Colorado, subcontracting to produce the guardrails.

    Justice Sandra Day O’Connor, writing for the Supreme Court, said that the “unhappy persistence of both the practice and the lingering effects of racial discrimination against minority groups in this country is an unfortunate reality,” and both states and the federal government have a compelling interest in responding to that persistence. But she also wrote that any particular program designed to do this has to show that it is “narrowly tailored” for its purposes, and the high court sent the case back to the courts below for further litigation on whether this had been done.

Stigmatizing Recipients

  • Critics often contend that the negative effects of such racial preferences go far beyond the losses to the competitors of its beneficiaries, such as Adarand. They say for example that even the beneficiaries are in an important sense hurt, because a stigma is attached to their achievements, a stigma akin to that which attaches to the notion of a teacher’s pet in a classroom of high-spirited children.

Dividing Society

  • Critics also argue that affirmative action deepens rather than heals divisions of race or national origin, thus dividing or “balkanizing” society. Nicolas Capaldi, for example, endorses this critique in his contribution to the book “Affirmative Action: Social Justice or Unfair Preference,” 1996, in response to the pro-affirmative-action arguments of his co-author, Albert G. Mosley. Capaldi writes: “The ideal of America is that of a community of free and responsible individuals. Affirmative action supplants that with the concept of group membership and group entitlement.”

How to Write a Common Law Separation Agreement

Common-law marriage occurs when two people are living together and agree that they are married. Common-law marriage is only valid in nine states, including Alabama, Kansas, South Carolina, Montana and the District of Columbia. Common-law marriage is grandfathered in five additional states where marriages occurred before the common law legislation was enacted, including Georgia and Oklahoma. If you are separating from your common-law partner, you must complete a property settlement and separation agreement letter. This letter discusses custody and financial issues. Although you do not have to secure a lawyer, it is highly recommended.

Common law separations are handled in your district court.

Instructions

  1. Date your letter. Identify both parties and their role in the marriage. State that the letter is an agreement, that both parties are in agreement and that both parties signed the letter amicably.
  2. State when you were married and identify the city and county you were married. State that you are separating, that you will live separately and that everything is divided according to the terms of the agreement.
  3. Identify any children born from the union. State their full names, Social Security numbers and birth dates. Determine who receives custody or how it will be divided. Discuss all aspects of visitation, including weekends, holidays, school schedules and summers. Add any special conditions, such as no smoking around the children, no moving without prior written approval and 60-day notice, results of abuse and exact pick-up and drop-off times. Set a date where the agreement will be reviewed for changes.
  4. Explore child support. You should have already contacted the child support division in your state and received child support requirements. Simply restate them in the letter.
  5. State any agreed-upon spousal support. Identify the exact amount and when it will be paid. For instance, what day of the month will the support be paid? Tell the court when the support stops, whether it is a specific time frame or on a specific event, such as graduation or marriage to someone else.
  6. Provide a detailed description of all property shared by the couple, and identify who will receive what property. No law exists for automatic, equal division of property, so this must be spelled out in the letter. Both parties have legal claim to any property they brought into the relationship. Identify all real estate, furnishings, personal property and vehicles. Include information about who will keep the house and what exchanges will be made for the real estate property.
  7. List all debts and identify who is responsible for those debts. Personal debts will revert to individual parties, but debts incurred while the couple was together will have to be divided. Be detailed about how the debts will be divided.
  8. Discuss all insurance issues, including health, auto and life insurance. List who will be responsible for minor children’s health insurance. Identify who the insurance covers and how long the insurance will cover the insured party.
  9. Discuss retirement accounts, and identify what percentage each party is entitled to. List every retirement account and give detail on how they will be distributed.
  10. State that each person is free from the interference of the other party. List restrictions about residence locations, but restate any freedom about profession and associations. State that neither party can harass the other party in places of employment, residences, on the street or anywhere else.
  11. Submit a waiver signing over all interest in the property you are not receiving, and have the other party do the same. Sign and submit a waiver of interest in the estate after the assets have been divided, and have the other party do the same.
  12. Identify who is responsible to enforce the agreement. Typically this is the court. State what will happen if the agreement is violated, including who will pay legal fees.
  13. State that this agreement is binding, that it invalidates all other agreements and that everything is disclosed. Include a statement of understanding.
  14. Sign and date the letter, and have your spouse do the same. Have the notary for the county and state notarize the document and date it.

How to Get a Common-Law Divorce

A common-law marriage can be dissolved by a court if common-law marriages are recognized in your state. If they are not, there are steps you can take to achieve the same results a divorce would offer.

Instructions

  1. Understand that in some states you can live together as a couple for a number of years and be considered legally married without ever having had a wedding ceremony.
  2. Know that if you are living with a partner and decide you want a “divorce,” you will need to first consult your state’s law to determine if common-law marriages are recognized by your state.
  3. File divorce papers if common-law marriages are recognized, you can file divorce papers, asking a court to dissolve your marriage, divide your property and determine custody, child support and alimony.
  4. Realize that if common-law marriage is not recognized in your state, or if it is and you would rather not go to court for a divorce, there are several options available to you that will help you end your relationship and tie up legal loose ends.
  5. See a mediator. A mediator can help you resolve all of the issues before you and set out your agreement in a binding contract. Mediation can solve all of your issues in one process.
  6. File papers in your local family court. If you have children with your partner, you will need to have a determination of custody, visitation and child support. You do not need to be married to have a court assist you with this.
  7. Try to divide your property on your own. Have each person take what he or she brought to the marriage and divide the rest in half or in any way that you both feel is fair. If you are unable to do so, you can file a small claims case for return of property and the court will divide up the property.
  8. Recognize that whoever is named as the debtor on any debts will be the person who is legally responsible for the amount owed. It may be possible to go to small claims court and prove that a promise was made by the other party to pay some or all of the debt.
  9. Find out if your state allows palimony suits. These are cases that seek alimony by unmarried partners. You should talk to an attorney experienced in this area.

What States Honor Common-Law Marriages?

Only eight states and the District of Columbia unequivocally recognize common-law marriages. Others have laws that recognize some common-law marriages under special circumstances. In any state, the fact that a man and woman live together does not constitute a common-law marriage in and of itself. Couples must also “hold out” that they are married; they must be married in all respects but having taken out a marriage license and solemnized it with a ceremony. Generally, this means filing joint federal tax returns together, introducing themselves as husband and wife and using the same last name. States that recognize common-law marriages won’t let you end one without a legal divorce.

Cohabitation alone does not constitute a common-law marriage.
Common-Law StatesTexas, Alabama, Montana, Colorado, Iowa, Kansas, Rhode Island and South Carolina recognize and honor common law marriages. But in Texas, there’s a hitch: You have to register at your county courthouse as a common-law couple. Kansas doesn’t recognize common-law marriages if either spouse is younger than 18. None of these states have any time limit on how long you have to live together in order to be married by common law.

Texas.
“Grandfathered” StatesSome states honor common-law marriages that are grandfathered-in. In Georgia, if you began your common law marriage before January 1, 1997, the state will recognize it. In Idaho, the cutoff date is January 1, 1996. Pennsylvania honors common-law marriages entered into before January 1, 2005. In Oklahoma, it’s November 1, 1998, and in Ohio, it’s October 10, 1991.

Atlanta, Georgia.
Other ExceptionsNew Hampshire recognizes common-law marriage only after one of the spouses has died. In that event, for probate purposes, a common-law spouse would stand to inherit just as a “regular” spouse would. Utah, similar to Texas, will recognize a common-law marriage if it has been validated by a court order.

New Hampshire.
Constitutional LawThe United States Constitution mandates that every state must recognize marriages entered into in other states, whether or not that marriage conforms to its own state law. Therefore, all states theoretically honor common law marriages to some extent. For instance, New Jersey is not a common-law state; the District of Columbia is. If a common-law couple contracted their union in Washington, D.C., then moved to New Jersey, New Jersey would recognize that common-law marriage. The state would not, however, honor any common-law couple who had always lived in New Jersey.

Marriage license.

How to File for Common Law Divorce in Texas

Common-law marriage makes a couple who live together and hold themselves out as married, married in the eyes of the law even if the couple never had a wedding or obtained a marriage license. Texas is one of the few remaining states that recognize common-law marriage. In Texas, a divorce can be required to end a common-law marriage.

Ending a common-law marriage in Texas may not require a formal divorce.

Instructions

  1. Determine whether you are in a common-law marriage. In Texas, there are two ways to enter into a common-law marriage: Filing a certificate with the court clerk stating that you are married under common law; or living together and holding yourselves out to the public as married. In the latter case, both parties must be 18 years of age, share an exclusive residence, hold themselves out as married and consider themselves married.
  2. Decide whether divorce is necessary. If you filed a certificate with the court, then divorce is required. If you entered into a common-law marriage incidentally (by living with someone and calling each other spouses), then divorce is not necessarily required under Texas law. However, if you have children or substantial property or assets with your common-law spouse, it is recommended that you file for divorce unless you can agree on the division and all obligations amicably.
  3. Hire an attorney if you do not wish to represent yourself. An attorney will be able to complete the appropriate forms, and negotiate a divorce settlement or custody agreement on your behalf. If necessary, a divorce attorney will go before the court and argue your side.
  4. Complete an Original Petition for Divorce and an Affidavit of Consent for your partner to sign stating he does not contest the divorce. Both forms are available online and directly from your local district court. There are several forms to choose from, depending on whether you have children and other factors. Fill in the questions on financial and custodial considerations. File the forms with your local district court and serve them on your partner. Attend court hearings to determine the appropriate division of your assets, and rights and obligations regarding children.
  5. Enter into a divorce agreement with your partner if you both do not wish to have the court decide the division of assets and the rights and obligations regarding children. If the agreement is not outlandish, the court will enter it as an order, making it enforceable in the future. This agreement may provide for alimony payments, child visitation, division of property and child support payments.

Employment Insurance Law in Canada

The Criminal Law Amendment Act, 1968-69 was introduced as Bill C-150 by then Minister of Justice Pierre Trudeau in the second session of the 27th Canadian Parliament on December 21, 1967. It passed third reading in the House of Commons after heated debates by a vote of 149 (119 Liberals, 18 New Democrats, 12 Progressive Conservatives) to 55 (43 Progressive Conservatives, 11 Créditistes, 1 Liberal) on May 14, 1969. It introduced major changes to the Criminal Code of Canada and it was literally a cornerstone of modern Canadian law. The bill decriminalized homosexuality, allowed abortion and contraception, and regulated lotteries, gun possession, drinking and driving offences, harassing phone calls, misleading advertising and cruelty to animals. This year it will be the 40th anniversary of the bill’s passage.

Homosexuality was one of the biggest problems of the Bill-150. This change was influenced in the late 1960s by the British Parliament’s adoption of the Sexual Offences Act 1967, which decriminalized homosexual acts in England and Wales. Naturally Canada wanted to follow this democratic decision. The biggest opposition was from the religious people, the Catholic Créditistes of Quebec held up debate for three weeks supported by the far-right Edmund Burke Society and the Fellowship of Evangelical Baptist Churches in Canada. Still at the end homosexuality was legalized with age of consent at 21; although it was later lowered to 18.

Contraception and therapeutic abortion under certain conditions were legalized by the bill. This was a step away form the influence of the Catholic Church’s moral positions on these issues, basically one more separation of the Church and State. Bill C-150 made it legal for women to get an abortion if a committee of three doctors felt the pregnancy endangered the mental, emotional or physical well-being of the mother. These changes were very important and became a stepping stone for many other freedoms and options that have altered women’s place in Canadian society. In 1988 the R. v. Morgentaler ruling, left Canada without any laws regulating abortion.

A number of minor but important changes were made to gambling, gun control and driving under the influence. Before the bill small scale gambling on behalf of charities was permitted, but only Bill C-150 gave the provincial and federal governments the opportunity to use lotteries to fund worthwhile activities, the best example were the 1976 Montreal Olympics. For the first time the bill made it illegal to provide firearms to persons of “unsound mind” or criminals under prohibition orders. The term “firearm” was also expanded; non-restricted, restricted, and prohibited firearm categories were also introduced. Bill C-150 made it a “per se” offence to drive with a blood alcohol content (BAC) in excess of 80 mg/100 ml of blood. The refusal of a police officer’s demand to provide a breath sample was made an offence too. These are the basic rules against drunk driving now.

The Criminal Law Amendment Act 1968-69 basically changed almost all the complicated and important spheres (except for maybe immigration) and solved many ethical problems, creating laws suitable for modern society.

Why Was the English Common Law Important in the Development of the American Legal System?

The English Common Law, comprising customary rules that had been developed over the course of several centuries, forms the basis of many legal systems in the British Isles and in former British colonies, including the United States. While states like France, Germany and Italy rely on codified civil laws written in the Roman tradition, the unwritten common law became the basis for civil law in England and all other legal systems following English traditions.
The common law forms a vital part of the legal system, particularly in civil law.

History

  • The English Common Law can find its beginnings in the systems of unwritten customary law that were common among the Germanic tribes prior to their conversion to Christianity. In particular, English Common Law began with the customary laws of the Angles, the Saxons and the Jutes, all of whom had originated in modern Denmark and northern Germany, but invaded former province of Britannia following the Roman withdrawal from the island. These customary rules formed the basis of the English legal system, even after the Norman Invasion. As English criminal law began to take the form of written statutes, civil, procedural and administrative law continued to follow the ancient tradition of unwritten law inherited from the Germanic tribes. As England, and later Great Britain, colonized new lands, it exported this legal system to those places, along with its people.

American Common Law

  • Every one of the original 13 colonies that came to form the United States was organized under a legal system derived from that of their Britannic motherland. When the colonies declared independence, they nevertheless continued to follow in this tradition. As a result, English Common Law, as it had existed prior to the American Revolution, formed the basis for American civil, procedural and administrative law. However, since that time, the severance of American legal connections with England forced the development of a uniquely American Common Law.

Basic Characteristics

  • The common law is a law of precedent, building upon past decisions like the layers of an onion. These decisions tend to come in the form of judicial rulings, made where the statutory law has not otherwise provided. But even the very basis of the American judicial system, that questions of fact are decided by juries of free citizens, is itself inherited from the common law.

Legal Hierarchy in Federal Law

  • Within the context of United States federal law, there presently exists a hierarchy of laws that helps to cover every potentiality. At the top of the hierarchy is the Constitution — anything that contravenes it does not stand. Next are the statutory laws, the legal enactments of Congress, which are inferior to the Constitution but superior to common law. Finally, the common law, built upon centuries of judicial decisions, fills in for things not handled by the Constitution and statutes — but the common law is null whenever it disagrees with them where their provisions have relevance.

In State Law

  • Every state in the Union, with the sole exception of Louisiana (which operated under a civil code in the French tradition) has its own similar hierarchy of constitutions, statutes and common law. Due to the fact that the United States Constitution only delegates a finite number of powers to the federal government, these systems in the states tend to cover more cases than federal law. However, state laws of all types are inferior to federal law whenever Congress has exercised its constitutionally granted authority.

Common Law: Separation Agreement

Common-law marriages are unions recognized when two people share a dwelling for a period of time, have children together, or otherwise lead the lives of a legally married couple. There are legal stipulations to be determined if the couple decides to separate.

Legal rights need to be considered in any separation agreement

Do You Have a Common Law Marriage?

  • Before deciding if a common-law separation agreement is needed, a couple needs to determine if they have a common-law marriage. In the United States, only 15 states and the District of Columbia recognize common-law marriages. Canada does not recognize common-law marriages. Alabama, Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Texas and Utah accept common-law marriages. Georgia, Idaho, New Hampshire, Pennsylvania, and Ohio accept the marriages with tight stipulations. Generally, a common-law marriage is an arrangement between two people who agree to be married to each other, live together, and present themselves to others as husband and wife. Check state laws for specific state requirements.

Legal Aspect of Common Law Marriages

  • A union that is recognized as a common-law marriage must be regarded as a legal union. Divorce or separation proceedings must be handled as if the couple had been married by ceremony and acquired a marriage license. A court will make the final decision regarding the separation agreement in a common-law marriage.

Reasons for Separation

  • The decision to separate should not be taken lightly. When couples choose to separate before proceeding with divorce, they are attempting to work out details of divorce, such as alimony, child support and division of property. Separation can be a trial period preceding divorce. The court will treat a separation between common-law couples as a separation between legally married couples, since common-law couples need to acquire separation documents as a legally married couple.

Dividing Assets and Determining Visitation

  • Common-law spouses attempting to draft a separation agreement should obtain a lawyer, as the agreement is a legally binding document. Sometimes, couples who agree to seek a separation can agree between themselves on dividing assets and sharing the children’s time. Consulting a lawyer will assist separating couples in creating paperwork to legally finalize the division of their assets as a common-law couple.

How to Use an Irrevocable Common Law Trust

A trust is a fiduciary relationship with respect to property where an individual known as a settler transfers property to a trustee who then holds that property for the benefit of a named beneficiary. An irrevocable trust is a type of trust where the terms cannot be amended or revised by the trustee or beneficiary. Irrevocable trusts are typically used as an estate planning tool to financially provide for other family members.

How to Make an Irrevocable Trust

  1. Create a list detailing all of your assets.
  2. Make a list of all the individuals, known as beneficiaries, that you would like to receive your property or financial support through the trust. Keep in mind, however, that irrevocable trusts cannot be amended or changed in most instances. Also make sure to think of individuals who you wish to exclude from staking a claim in your estate.
  3. Identify who you want to act as trustee.
  4. Fill out an irrevocable trust form or solicit the help of an attorney in creating an irrevocable trust. Irrevocable trust forms can be purchased from online venues such as legalzoom.com. Seek the assistance of an attorney or trust preparer if necessary.
  5. Engage in additional steps that may be needed to fund your trust, such as transferring property ownership or bank accounts to the trustee.
  6. Visit a notary to have all documents notarized and witnessed.

Six Common Mistakes Under Canadian Trade-mark Law

As more and more companies are seeking to distinguish their products and services in the marketplace by registering their names, slogans or designs as trade-marks, many companies which do not retain a Canadian lawyer or trade-mark agent often make fundamental mistakes.  Among the most common mistakes are the following.

1.    A Company Name is not a Trade-mark.

A company name is the legal name under which a company carries on business.  However, unless the company name is used as a trade-mark, it cannot be registered under the Canadian Trade-marks Act.  For example:

•    Acme Insurance Ltd. markets life insurance under “Goodlife Insurance”.  “Acme Insurance Ltd.” is the company name, “GoodLife Insurance” the trade-mark.  “Acme Insurance Ltd.” is not used as a trade-mark, “GoodLife Insurance” is.

•    Acme Insurance Ltd. markets life insurance under “Acme Life”.  “Acme” is part of its company name, but it is also used as a trade-mark to distinguish its insurance policies from those of other insurance providers.

The important point here is that the registration of a company and the registration a trade-mark are two distinct processes.  Federal and provincial company offices do not search the Trade-marks Office database to determine if a proposed company name is a registered trade-mark; nor does the Trade-marks Office search federal and provincial company offices to determine if a proposed trade-mark is registered as a company name.  The two processes are unrelated, and the trade-mark must be registered separately.

2.    There’s no Requirement to use a Trade-mark before Registering.

Many companies believe that they must commence use of their trade-mark before registering it.  In Canada, as in many other countries, trade-marks may be filed on the basis of “intention to use”.  An application which is filed on this basis must specify the products and services that the company intends to use in association with the trade-mark.  Once the application has been filed, the company generally has three (3) years from the date of filing to file a Declaration of Use confirming the use of the trade-mark in association with the specified wares and services.  The Declaration of Use may be filed anytime within the three (3) year period, but must not include any products and services that have not been used in association with the trade-mark.

3.    Search before Using a Trade-mark.

It is always advisable to conduct a trade-mark search before commencing use of a trade-mark.  This will ensure that the trade-mark does not infringe another trade-mark and will avoid the wasted expense of such things as advertising and labeling.

A trade-mark search may be conducted through the Canadian Intellectual Property Office Trade-marks database by inserting the trade-mark in the search text box and selecting the appropriate search field.  If the search does not reveal an exact match, a secondary search should be conducted based on such factors as the elements of the trade-mark (where, for example, the trade-mark comprises more than one word), different spellings of the word(s) comprising the trade-mark and the sound of the trade-mark.  This is referred to as a “comprehensive search” and is advisable to ensure that the trade-mark is not confusing with a registered trade-mark and therefore unregistrable.

4.    Some Trade-marks are not Registrable.

Not all trade-marks are registrable.  Among the trade-marks that are not registrable under the Canadian Trade-marks Act are:

•    trade-marks that are clearly descriptive of the character or quality of the products or services,

•    trade-marks that are deceptively misdescriptive of the character or quality of the products or services,

•    trade-marks that are clearly descriptive or deceptively misdescriptive of the origin of the products or services,

•    trade-marks that are the name of the products or services, and

•    trade-marks that are confusing with a registered trade-mark.

There are a number of tests which have been developed by the courts which are employed by the Trade-marks Office in determining whether a trade-mark is registrable.  In general terms, however, where an application for registration of a trade-mark falls within one of these categories, the trade-mark will not be registrable.

5.    International Classifications Don’t Apply.

Products and services which are used in association with a trade-mark must be described in ordinary commercial terms.  In many countries such as the United States this is done by using International Trade-mark Classes.  The International Trade-mark Classes are categorized into 45 classes, Classes 1-34 relating to products and Classes 35-45 to services.  Canada does not use this system and therefore trade-marks must be described in ordinary commercial terms for Canadian filing purposes.

For example, Class 32 refers to “light beverages” which are enumerated as: “beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages”.  For Canadian filing purposes, the wares “non-alcoholic beverages” require further specification, for example carbonated drinks, colas, energy drinks, sports drinks, drinking water, fruit-based soft drinks, fruit juices, hot chocolate, milk, non-dairy soy,  coffee or tea.

6.    Copyright may reside in Trade-marks and must be Acquired.

Where a trade-mark is in the form of a design, the design will be subject to copyright protection, as well as trade-mark protection.  If a trade-mark owner retains a graphic artist to develop and design a trade-mark, the trade-mark owner should obtain all rights to the design, including the ability to make changes to the design.  This is generally done by means of a simple contract known as an “Assignment”.

In Canada, copyright need not be registered as rights to the design arise at the time of creation, which provides the copyright owner with remedies for copyright infringement at common law. These remedies are additional to the remedies that the trade-mark owner will have under the Canadian Trade-marks Act.

About Common-Law Divorce

Most people are aware of the concept of common-law marriage. Under this scenario, two people who live together in a romantic partnership for many years are seen as married in the eyes of the law. While common-law marriage only applies to couples living in 11 of the 50 states, the union is recognized throughout the country as a legal marriage. Technically, there is no such thing as a common-law divorce, so couples considered married under common-law marriage statutes must dissolve their union through traditional divorce proceedings.
About Common-Law Divorce

History

  • While laws in the traditional sense are based on the work of legislators, common-law systems are based around the decisions made by judges and the court system. Using precedence as a determining factor, common laws are based on what has been accepted or regulated by the courts in the past. Common-law marriage goes back to the days when the America was a British colony, as common-law was traditionally used in England and throughout its colonies. Today, there are 11 states that still recognize common-law marriages. These include Alabama, Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, Utah and Washington, D.C.

Function

  • Common-law marriages vary dramatically from state to state. In some areas, couples who live together in an exclusive relationship for a period of time are considered married in the eyes of the law. This time period can range from 6 months to 3 years or more. This law is most applicable when it comes to the death of one partner or the dissolution of the union. At death, common-law marriages help protect the assets of the couple and the rights of the surviving spouse. When the couple decides to separate, common-law marriage helps protect both partners, and ensures all assets and childcare is divided appropriately.

Effects

  • Common-law marriage statutes in each of the 11 states that allow it have different requirements for this type of marriage. A couple who meets these requirements is considered legally married. If this couple moves to another state that is not one of the 11 common-law marriage states, they are still considered married. This is due the “Full Faith and Credit” principle, where laws of one jurisdiction are fully recognized in another. A couple living in an area that does not recognize common-law marriage could also briefly move to one that does, declare themselves married under that state’s law, then move back to their home state as common-law husband and wife.

Misconceptions

  • The most prevalent misconception regarding common-law divorce is that it works the same way as common-law marriage. That is, a couple who lives apart for a certain amount of time and has the intent to divorce will be considered divorced in the eyes of the law. This is false in every single state. Common-law divorce simply does not exist. Couples considered married by common-law marriage statutes must complete the traditional divorce filing process, including the division of property, alimony, child support and custody proceedings.

Considerations

  • With common-law divorce, as with any divorce, there are ways to make the process simpler and more affordable for both parties. First, try and divide property and other assets in a way that both partners can be satisfied with. This will eliminate the need for costly and time-consuming court cases. Second, work out a childcare arrangement before heading to the courts. Finally, consider using a mediator instead of going to a divorce court. A mediator can perform simple divorces quickly and effectively when most major decisions related to the union are not in conflict.

Top Reasons to Seek a Personal Injury Attorney

If you have been harm inside an incident, you should think about submitting states obtain payment for that accidents. Injuries statements are around for anyone who is experiencing accidents, bodily or even psychological, due to the carelessness associated with other people. So that you can successfully gather payment for all kinds of harm or even accidents, it is recommended that you just use the service of a personal injury attorney.

Carelessness regulations enable any kind of target in order to signify on their own in the courtroom. Nevertheless, the process can become pricey as well as possibly mind-boggling. To start with, you need to begin the process promptly to avoid refusal due to law associated with limitations. A lot more, you will be required in order to show your own declare, which means you have to show just what the accused do incorrect. Sadly, since the complainant, the actual accused combined with the charged insurance carrier is actually towards a person. The insurance coverage supplier will see loopholes as well as differences within your scenario and offer you under feasible wishing that you will take.

Victims might document statements with regard to circumstances, for instance automobile mishaps, drop instances, faulty item instances, as well as manslaughter. Inside the work to collect with regard to damage, the actual target should show their own declare through not only accumulating proof, but in addition using a good attorney for injury. Using a good personal injury attorney is usually the initial kind of protection because they are educated concerning carelessness regulations as well as the insurance carrier knows the great end result.

When selecting an competent personal injury attorney, ensure that the actual prospect is correctly educated as well as certified. The actual injury lawyer is required to achieve a distinct segment accreditation plan that is certified with the American Bar Association. The actual attorney for injury must have handed a good itemized club evaluation following going to a professional legislation college. A good itemized mentality evaluation signifies the right attorney sticks in order to rigid requires associated with lawful integrity along with basic rules associated with carry out whenever reaching customers. Moral injuries attorneys devote on their own to guard their clients discernment and possess their utmost fascination with thoughts.

A powerful carelessness legislation lawyer is actually familiar along with accidents legislation. A skilled injury attorney may also be educated of each fine detail in the insurance coverage legislation, that’s crucial facing insurance firms. All through accidents instances, the insurance coverage supplier is utilized through the accused consequently they may try and betray you together with refuse or even decrease entitled payment. Because of this you have to use a personal injury attorney to guard you from additional carelessness.

The statements lawyer can do all the original and recurring suit your needs. The actual attorneys tend to be required to arrange as well as publish just about all lawful paperwork along with take good care of the research to file for with regard to as well as negotiate your own declare. The very first objective is always to negotiate pretty, the actual personal injury attorney would like to simply accept claim they can test inside the scenario associated with inadequate negotiation or even unjust termination.

There is no option for you personally within having an efficient injury attorney with regards to submitting negotiation statements. Keeping the actual assistance from the accidents attorney can lead to the faster plus much more considerable negotiation. Especially, in the event you appear, you may be subjected to substantial courtroom expenses as well as enormous insufficient income. The majority of individual statements attorneys concentrate on the backup charge foundation, that means they do not get paid out except if money is actually given.

Using an efficient attorney for injury is actually substantially beneficial. The actual assistance that you will obtain within the attorneys gives you the fulfillment and you will be in a position to focus on your own accidents. Personal Injury Attorney is extremely faithful and use lawful integrity facing his clients.

Canadian Criminal Law Amendments Act – How Justified is It Actually?

The Criminal Law Amendment Act, 1968-69 was introduced as Bill C-150 by then Minister of Justice Pierre Trudeau in the second session of the 27th Canadian Parliament on December 21, 1967. It passed third reading in the House of Commons after heated debates by a vote of 149 (119 Liberals, 18 New Democrats, 12 Progressive Conservatives) to 55 (43 Progressive Conservatives, 11 Créditistes, 1 Liberal) on May 14, 1969. It introduced major changes to the Criminal Code of Canada and it was literally a cornerstone of modern Canadian law. The bill decriminalized homosexuality, allowed abortion and contraception, and regulated lotteries, gun possession, drinking and driving offences, harassing phone calls, misleading advertising and cruelty to animals. This year it will be the 40th anniversary of the bill’s passage.

Homosexuality was one of the biggest problems of the Bill-150. This change was influenced in the late 1960s by the British Parliament’s adoption of the Sexual Offences Act 1967, which decriminalized homosexual acts in England and Wales. Naturally Canada wanted to follow this democratic decision. The biggest opposition was from the religious people, the Catholic Créditistes of Quebec held up debate for three weeks supported by the far-right Edmund Burke Society and the Fellowship of Evangelical Baptist Churches in Canada. Still at the end homosexuality was legalized with age of consent at 21; although it was later lowered to 18.

Contraception and therapeutic abortion under certain conditions were legalized by the bill. This was a step away form the influence of the Catholic Church’s moral positions on these issues, basically one more separation of the Church and State. Bill C-150 made it legal for women to get an abortion if a committee of three doctors felt the pregnancy endangered the mental, emotional or physical well-being of the mother. These changes were very important and became a stepping stone for many other freedoms and options that have altered women’s place in Canadian society. In 1988 the R. v. Morgentaler ruling, left Canada without any laws regulating abortion.

A number of minor but important changes were made to gambling, gun control and driving under the influence. Before the bill small scale gambling on behalf of charities was permitted, but only Bill C-150 gave the provincial and federal governments the opportunity to use lotteries to fund worthwhile activities, the best example were the 1976 Montreal Olympics. For the first time the bill made it illegal to provide firearms to persons of “unsound mind” or criminals under prohibition orders. The term “firearm” was also expanded; non-restricted, restricted, and prohibited firearm categories were also introduced. Bill C-150 made it a “per se” offence to drive with a blood alcohol content (BAC) in excess of 80 mg/100 ml of blood. The refusal of a police officer’s demand to provide a breath sample was made an offence too. These are the basic rules against drunk driving now.

The Criminal Law Amendment Act 1968-69 basically changed almost all the complicated and important spheres (except for maybe immigration) and solved many ethical problems, creating laws suitable for modern society.

Government Mileage Reimbursement Laws in Indiana

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Public employees occasionally drive their own vehicles for business purposes. In Indiana, state law requires that state employees receive reimbursement for miles driven in privately-owned vehicles. The state establishes a rate, and employees receive reimbursement by their state agency employers based on the established rate, which changes based on factors including the price of fuel. State law specifies when and how to apply the reimbursement rules.

Qualified Mileage

  • Indiana state law specifies when to reimburse mileage. The law does not require reimbursement when employees drive their personal vehicles between their homes and their place of employment. The state’s laws require reimbursement when an employee is traveling from the workplace to a destination for the purpose of performing work functions. This includes business trips, business meetings and errands like shopping for supplies.

Mileage Rates

  • Some states use the Internal Revenue Service, or IRS, mileage rates, but that is not the case in Indiana. Instead, the state sets its own rates for employees of the state. For October 1, 2009 through April 30, 2011, the reimbursement rate was 40 cents per mile. On May 1, 2011, the state increased the rate to 44 cents per mile. The rate is based on the cost of fuel, automobile insurance and other vehicle costs. At the time of publication, the IRS rate for moving and medical travel is 19 cents, but that rate does not apply in Indiana. The state pays the same amount for all state travel.

Medical and Moving Mileage

  • Indiana state law requires mileage reimbursement when an employee travels for medical treatment related to workplace injuries. Workers’ compensation injuries always meet this standard, and some other injuries also could qualify. Employees must fill out forms detailing their mileage, and only employees who return completed forms receive compensation for medical mileage. Only mileage between an individual’s home and the medical facility qualifies for reimbursement. State law also requires reimbursement for miles traveled as a result of moving. Certain criteria apply. To receive reimbursement, the person must be an employee of the state for at least six months, and the new workplace location must be more than 30 miles from the previous workplace.

State Policies

  • Indiana state law specifies several policies related to the use of a personal vehicle for state use. The state law says reimbursement amounts must not be in excess of 110 percent of the shortest route distance. Employees who drive longer distances will not receive compensation for mileage in excess of 110 percent of the expected mileage for the shortest route between the two points. The state requires mileage to be based on the current official State of Indiana Highway Map or, for out-of-state trips, based on a reliable atlas. The state also does not pay overnight lodging when an employee travels less than 50 miles.

New Guidelines Address Misclassification of Workers

Debate over whether certain workers qualify as employees or independent contractors is nothing new.

 

Employers and workers alike have struggled with this issue for decades. But with a flood of new sharing-economy jobs entering the market, the need for better clarification has never been more urgent.

The Department of Labor has issued new guidance that has the potential to create shockwaves for a number of sharing-economy companies. The goal is to bring some much-needed clarification to as to who qualifies as an employee versus an independent contractor. The move follows a wave of lawsuits against a number of start-ups including ride-sharing firms Uber and Lyft, and other gig businesses like Handy and Crowdflower.

The Department of Labor released the new directive in response to growing criticism from labor unions and activists who claim that companies like Uber exploit workers for their own benefit. Many argue that by misclassifying workers as independent contractors rather than employees, companies can cut costs and avoid certain labor laws. Unlike employees, independent contractors are not entitled to certain protections such as minimum wage, overtime compensation, unemployment insurance and Workers’ Compensation. Rampant misclassification also creates an uneven playing field for those employers who properly classify their workers.

In contrast with the old guidelines that generally focus on how much control the employer has over how the work is performed, the new directive emphasizes the economic dependence the worker has on his or her employer. Put simply, a worker who is economically dependent on his employer should be treated as an employee; a worker who is truly in business for himself is an independent contractor. In order to make this distinction, employers and courts consider a number of so-called economic realities factors. These factors will be utilized on a case-by-case basis and generally include:

The extent to which the work performed is an integral part of the employer’s business
The extent to which the worker’s managerial skill can affect his or her profit and loss
The worker’s relative investment as compared to the employer’s investment
The amount of special skill and initiative required for work performance
The permanency of the relationship between the worker and employer
The degree of control exercised or retained by the employer

Not one of the above factors stands alone as determinative. Rather, courts will consider how each factor lends itself to the determination of whether the worker is really in business for himself, or instead, is economically dependent on the employer. The potential impact of the new guidelines is huge. The Department of Labor anticipates that as many as five million currently exempt workers will change status, thereby becoming entitled to protections formerly unavailable to them.

What Are the Duties of Each Branch of Government?

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The federal government of the United States is comprised of three branches of government to carry out civil powers and functions. The legislative branch (Congress) makes the laws, the executive branch (led by the President) enforces and carries out the laws, and the judicial branch (headed by the Supreme Court) interprets the laws. This system of checks and balances helps to ensure that power is distributed evenly among the three branches of government.

Executive Branch

  • The executive branch of the government ensures that the laws of the United States are carried out. The executive office is headed by a president, assisted by a vice president and cabinet. The cabinet is an advisory body that includes the heads of major departments, such as State, Defense, Justice, and Agriculture, among others. They are also assisted by independent agencies, popularly called the “bureaucracy,” which administer federal programs. The executive branch is established by Article II of the Constitution.

Legislative Branch

  • The legislative branch of the government, or Congress, is responsible for making new laws. There are two houses of Congress: the House of Representatives, with 435 members, and the Senate, with 100 members, two from each state. When Congress passes a bill, it is sent to the President for approval or veto. The legislative branch is established by Article l of the Constitution.

Judicial Branch

  • The judicial branch is the part of the government responsible for interpreting laws in the courts, making sure they are valid and constitutional. The chief federal court is the Supreme Court, comprised of nine justices appointed for life by the president with the approval of the Senate. The judicial branch was established by Article III of the Constitution.

A Degree in Educational Law

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Like any sector, the field of education has specific legal issues. Providing services to special needs students, free speech rights, approving homeschool curricula, locker searches, cross-town busing, and affirmative action policies are just a few of the reasons why Education Law is recognized as a specific legal subfield. Currently, the legal cases and policies that shape the operation and expectations of the U.S. education system evolve daily and require knowledgeable professionals.

History of Education Law

  • Since our nation’s inception, the government has played a role in defining the importance and nature of education. The first federal act relating to education was the Ordinance of 1785. Passed by the Continental Congress, the Ordinance set aside portions of each congressional district for schools. In 1787, Congress passed the Northwest Ordinance that became the first federal policy statement acknowledging the benefit of knowledge and education for the general welfare.

    Today, the federal basis for intrusion into matters of education is based on the Constitution. The General Welfare Clause which sates “The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises to pay the Debts and provide for the common Defense and general Welfare of the United States” (art. I, § 8).

    However, the Tenth Amendment of the Constitution establishes the legal theory that the states are charged with providing education to its residents. It states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

    Degrees in Educational Law will focus on how to apply the law to an ever changing educational landscape.Education Law is rooted in the U.S. Constitution. A degree in this area will likely lead to law school.

Undergraduate Degrees

  • A Bachelor’s degree in Legal Studies is generally the only undergraduate major that may touch on or allow for a coursework in Education Law. Often called a Bachelor’s in Professional Studies (BPS), this course of study is designed for pre-law, paralegal studies, and other students seeking a career concentrated in the law. A quality undergraduate program should be accredited by the American Bar Association (ABA). However, this accreditation does not allow the graduate to sit for a bar examination without the requisite formal law degree.

    While Constitutional law classes will touch upon education law, there is often no concentration in Education Law at the undergraduate level. Nonetheless, a strong understanding of legal principles will benefit a Masters or law degree program in Education Law.Bachelors degrees in Legal Studies or Professional Studies will often include Education Law coursework.

Graduate Degrees

  • After years in the industry, education professionals may recognize a need for greater understanding of Education Law. In response, Nova Southeastern University developed and ABA approved Masters program in Education Law for non-lawyers. These Masters of Science in Education Law programs do not require passage of the Law School Admission Test (LSAT), however, they may require taking the Graduate Record Examinations (GRE).

    Often ABA accredited, Masters programs generally involve two years of coursework. While a Masters in Education Law does not prepare one for the practice of law, it does provide in depth analysis of the legal framework that shapes education issues. As a result, these classes are generally not aimed at law students.

    Other Masters of Education, Masters of Public Administration or PhD in Higher Education can also serve to provide a great context for education law and policy. The Education Law Consortium at the University of Georgia housed at the Institute of Higher Education facilitates such diverse education programs that focus on education law without giving an express degree in this field.You don’t have to go to law school to get a degree in Education Law.

Law Degree

  • The JD is a professional doctorate needed to practice law. While concentrations are possible, most law schools offer a general course of studies and extensive listing of electives. More commonly, a student can get a dual degree program that matches the JD with an education focused Masters program. For example, Loyola University of Chicago offers a JD and a Master’s in Comparative Law and Education. This program focuses on the legal right to education and related issues.Obtaining a law degree is the biggest financial and time commitment to the field of education law.

Schools

  • Bachelors in Legal Studies
    A variety of colleges offer Bachelors in degrees that include coursework in education/constitutional law.. Hamline College, St. Paul, Minnesota offers such a program. Many other online universities also provide degrees in Legal Studies. Remember, these degrees are geared towards the future paralegal or lawyer. A specific undergraduate degree in Education Law is not available.

    Masters in Education Law
    Nova Southeastern University offers the only Masters of Science in Education Law for non-law students. This two year program is designed for the working educational professional that desires a deeper understanding of the legal framework that governs the industry.

    Law Degree, Education Law concentration
    Many law schools offer dual degrees such as a Masters of Education. Courses in education law combined with these additional majors gives a strong foundation to the future education attorney.

Difference Between Equal Employment Opportunity and Affirmative Action

Both the Equal Employment Opportunity and Affirmative Action are workplace policies that seek to reduce discrimination in business. The United States federal government instituted both programs in an effort to encourage diversity in corporate hiring and promotion. However, the programs differ in their goals, requirements and administration methods.
The Equal Employment Opportunity Commission and Affirmative Action encourage diversity.

Equal Employment Opportunity

  • The Equal Employment Opportunity law requires that employers evaluate all job applicants fairly, without using their race, ethnicity, sex, age, religion or physical disability as a means for discrimination against them. Once a worker is hired, the Equal Employment Opportunity Act also mandates that employers extend job training and promotions equally to him, regardless of any physical differences or personal beliefs he may possess.

Affirmative Action

  • Affirmative Action is a proactive method of hiring that encourages employers to seek out members of historically oppressed groups, including individuals of minority races and women, for qualified positions in their companies. In this way, Affirmative Action is a more direct way of ensuring diversity than the Equal Employment Opportunity law. Corporations that participate in Affirmative Action may also provide specialized training and assistance to help women and minorities work up to management roles.

Equal Employment Opportunity Enforcement

  • The Equal Employment Opportunity Commission, or EEOC, enforces the Equal Employment Opportunity in workplaces across the United States. This law applies to most companies that employ at least 15 people. When an employee makes an accusation of discrimination, the EEOC conducts an investigation and may either negotiate a settlement or, in cases of egregious conduct, file a lawsuit against the company.

Administration of Affirmative Action

  • Unlike the Equal Employment Opportunity, all employers are not legally obligated to promote Affirmative Action. The United States Department of Labor requires that its federal contractors and subcontractors participate in the Affirmative Action program each year. Inside the Department, the Office of Federal Contract Compliance Programs enforces the program’s policies for participating contractors.

Labor Laws of Non-Profit Organizations

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The labor laws that non-profit organizations must abide by mirror the laws for-profit organizations follow. The United States Department of Labor has strict laws to protect both workers and the companies in which they work, including the Family and Medical Leave Act and the Fair Labor Standards Act. Because of the Civil Rights Act of 1964, a worker can expect to receive equal opportunity regardless of her circumstances.

Fair Labor Standards Act

  • The Fair Labor Standards Act (FLSA) was ratified in 1938. The purpose of this act is to ascertain minimum wage requirements, overtime pay and standards for child labor. FLSA does not require an organization to include benefits such as vacation, sick pay, severance, higher pay for holidays or raises in wages.

Minimum Wage

  • Minimum wage requirements are set by the United States government as well as the individual states. If the two wages are not equivalent, the higher wage is enforced. Some states, including Louisiana, Alabama, Tennessee and South Carolina, do not have minimum wage laws.

Family and Medical Leave Act

  • The Family and Medical Leave Act (FMLA) was enacted in 1993 and applies to those organizations in the private sector with more than 50 employees throughout 20 weeks of the year. The purpose of the organization must also engage in commercial activity. This act requires that a covered employee be granted 12 weeks of unpaid leave in the event of the birth of a new child or placing a child into adoption or foster care. This act also covers employees who need to care for a family member or themselves through a serious health condition.

Civil Rights Act of 1964

  • In 1964, Congress passed a law that prohibited an employer to discriminate against a person based on sex or race during the hiring process, promotions or terminating employment. When the final legislation was drafted, it forbid discrimination due to race, color, religion, sex or national origin. This set of policies became known as Affirmative Action.

Equal Employment Opportunity Commission

  • Title VII of the Civil Rights Act of 1964 created the Equal Employment Opportunity Commission (EEOC) to execute new laws. Eventually the tasks of Commission expanded to investigate complaints and file lawsuits against offenders and implement conciliation programs. Today it disallows prejudice when selecting new employees, promotions, termination, wages, testing and training. In addition to the circumstances listed in the original Civil Rights Acts documents, an employer cannot discriminate against a person because of his disability or age.

Color printing for business needs

Reliable and affordable color printing services are the key to the introduction of a business card and attractive long-term. Use a business card to make it more appealing and appealing and adds the potency of promotional and communication tool.

Print Black & White preferred
Color printing services are increasingly preferred the monochrome cards for that simple reason that the things attract more attention and remain in the mind of a person for some time longer. Full-color maps printed and promotional products can perform wonders for a person or a company. Technological progress recently has led to the arrival of the printing services of high efficiency utilizing a combination of colors and party, not two, but many times to produce very attractive and visible results.

The cost is slightly greater than traditional print black and white, however the benefits are enormous, including:

Using a full color printing company to provide a reputable and professional. Very often, viewers tend to reject business cards or any other promotions that are boring or unattractive. Employing good quality printing can ensure that your business cards and brochures and leaflets to attract attention and let the viewer to see the details.

Using color enables effective use of graphics, images, logos, photos and even business card printing, brochures, flyers or any other communications equipment.

Combine with a variety of colors and shades of the wide selection of design and print business cards to address another audience and various purposes.

Can be achieved on any type of paper, and many other materials.

Types of Services
Full Color Printing Services offers a selection of printing techniques including off set printing, screen printing, digital printing, flexo and gravure. The cheapest approach to printing, this can be a point-to-color printing technique, with text and pictures will be printed in black ink, however with shades of color are printed with spot color inks.

Color printing process can be used to print the whole photo using translucent inks four colors: cyan, magenta, yellow and black (or CMYK).

A six-color printing process is the latest inside a list of the kind of printing offered by printing companies. The orange and green technology to the traditional CMYK for a larger version.

Color printing is a nice option but the fact also depends on the quality of printing derived. It depends on the color quality, the printing equipment and the type of paper that printers in Dorking are using. So in that case you are to contact a good printing company. Also the printers can help with the designing work. They can design the templates and Bouchers and can also print them on demand.

In the end there is an important consideration and that is for choosing the right kind of printers who can meet your printing requirements with no compromises to the quality of printing. You can simply look out for the printers in Crawley online since there are so many service providers available out there who can meet your printing needs. Choosing the right kind of professionals for the printing needs is essential. While you are having printing services costs can be a considerable factor of consideration. In that case you can discuss the pricing needs with the service providers so that you are having the best deals in the end.

An Effective Tool for Wedding Planners

Having the perfect wedding is every couple’s dream; however it is the wedding planner’s responsibility to make sure that dream becomes a reality. Only the people who are behind the scenes of the wedding realizes what a nightmare it is to make this dream possible. This is especially true in India, where each wedding is not just one function but several large-scale functions rolled into one. If one calculates the myriad details that one sole planner has to attend to, one will actually realize why people organizing a wedding are always tense or stressed out.

Wedding planners consist of not only professionals but also sometimes the soon to wedded couple themselves. And if they read this, they might be discouraged; however there is no reason to be. With the right help, and a systematic approach to organizing the functions can make sure that the special day remains special for all concerned. Because, this help and systematic approach can easily be taken from Shaadi-e-Khas!

Shaadi-e-khas, which literally translates to a special wedding can aid and help any wedding planner and make the entire process easier and manageable. Shaadi-e-Khas is a wedding planning software that has been designed and created seeing that planners across the globe were in need of such a utility. As of now, planners use many gadgets and gizmos in their line of work. However, there is not a single dedicated application or software that has all the utilities they may need. As a result of which, planners are stretched across many gadgets, giving them more things to manage and not lessening their burden!

This particular wedding planning software has all the elements that a planner might need to pull off a successful wedding. From sending invites to guests by e-mail to make sure you miss no one on the guest list, to managing their RSVPs, the software has it all. It can also keep track of any personal demands, any personal guest may have so that you can make all your guests as comfortable as possible.

It also has a very useful feature of sending reminders to you and anybody you are employing about the work that has to done based on the task list you have created. This frees you up from having to constantly needle and reprimand vendors and artists to do their work on time. It also recognizes importance of sticking to a budget by helping you track your expenditures.

As an added bonus, Shaadi-e-Khas also provides a dedicated wedsite for your wedding! This is a website created exclusively for the wedding at hand and can be used for multiple things. One can upload pictures, videos and any other information one may want. This can thus act as a common referring point for guests and family alike. The wedsite can later also serve as a place where one can refresh one’s memory about this beautiful event!

To top it all, this all has to be done for not one function but for multiple functions that constitute a typical Indian shaadi! And if all of this has to be done in an Indian setting, it will mean having to deal with the rabid inefficiency of the numerous vendors to whom you might have outsourced certain jobs like catering, music etc. So you have to constantly be on top of their heads telling them what all has to be done while looking after all the tasks on your own job sheet too!

Things to Consider While Hiring SEO Experts

SEO services are basically organic adopted optimization techniques (on page and off page) and SEO strategies to rank higher in major search engines. One of the powerful SEO strategies is to implement the SEO driven content to maximize the website or webpage listing in the search engines. SEO experts are experienced in making your web design, web layout and web content search engine friendly, improve visibility and permanent backlinks building services to bring qualified traffic back to your website to boost sale.

1) Website optimization includes extensive analysis and research that help your website to be the top ruler in the niche.

2) Keyword search tool is used to search rich keywords that help in driving traffic to your website.

3) Visitors focus in getting led to the website is through keywords. Therefore, relevant and important keywords are one of the main sources in getting your website on the top positions.

4) Additionally with the extensive use of relevant keywords best SEO techniques are simultaneously adopted to complete the optimization task.

Therefore, as you can see that SEO services are a process, and hence it is so important that you choose the best SEO experts in the market who are knowledgeable and experienced in this field.

Things to Consider While Choosing Professional Search Engine Optimization Services:

Search Engine Optimization is a complex, tiring and time consuming process so you must take utmost care before hiring a suitable SEO service provider for your website. It is seen that there are many SEO companies that have come forward with lucrative and sometimes innovative approaches in attracting you as customers, but you shouldn’t believe them simply on the basis of their claims but results. Likewise, it is also necessary to understand that you need an affordable website optimization packages along with full-fledged SEO activities so that the process doesn’t burn a deep hole in your pocket.

Below is the list to identify the SEO experts who have expertise in these listed SEO activities:

• Social Bookmarking

• Article Submission

• Directory Submission

• RSS Submission

• Google Analytics Set Up

• Implemented Suggested SEO changes

• Blog Set Up

• Google Webmaster Set Up

• Forum/ Blog Linking if required

Additionally, knowing that your project is being handled by the industry’s best experts could be a stress reliever and motivation to you as a customer.

How to Reach the Right SEO Destination?

How would you choose the best SEO experts in the industry? 80 percent of the answer is already been read by you. In addition to all the above, you need a company whose objective is to make your business visible on major search engines, fetch clients and boost your business. You need the assurance that your success is on the way, they need to treat your business as their own following the famous tripod model of content writing, SEO services and web designing. Believe it or not, apart from that there is no magic stick that can guarantee sustainable results.

In conclusion, a professional SEO company follows the three pillars strategy for permanent and long term results. This includes having a team of highly qualified and experienced content writers, web designers and developers. Secondly, keeping up-to-date information about the latest trends and development in Google, Yahoo, and Bing along with other major search engines. Lastly, without compromising creativity provides you with maximum ranking benefits.

We are a fast growing company that delivers result-oriented SEO services in Mumbai. Contact today for SEO consultation and customized services. Supramind, a professionally managed SEO agency in India, takes pride in providing customers with the most integrated technological competencies proved in link building services, web analytics and Search Engine Optimization.

Employment law, Absence and Performance Management

Employment law is changing almost constantly. Some changes will have no bearing on your business, but many will, and it is the company’s responsibility to stay up to date rather than someone else’s responsibility to keep them up to date.

Not keeping your eyes on changes to employment law can have huge effects from litigation to a company totally failing should they not adhere to a newly introduced law of some kind or another. So how do you ensure you are totally up to date with changes that may occur?
On average, an individual’s sickness absence costs an employer £659 a year and is equivalent to 8.4 working days lost.

How absence costs a business:
Overtime to cover
Replacement temporary staff
Reduced / delayed production
Lower quality or levels of service
Customer dissatisfaction
Management time dealing with issues
Increased pressure on other employees
Low morale and general dissatisfaction
Deciding on action

Investigate the reasons for absence or lateness before deciding on any action. Is there a pattern or related problems – e.g. at home, at work place, with their health etc? Remember unauthorised absence is misconduct.

Managing short-term absence
Ensure the employee follows your company absence reporting procedures. Conduct ‘Return to work’ interviews for every absence, establish the reasons for the absence and any underlying causes. Agree an action plan, set a date for review and outline implications of failure to improve.

The importance of information
Keep accurate records of lateness and absence – it is about what you can prove, not what you think you know.

Legal requirements
It is potentially fair to dismiss someone for sickness absence. Case law distinguishes different approaches for short term ‘persistent intermittent’ sickness absence and long term sickness absence. However, beware of disability discrimination – an accusation of this is serious as potential damages at tribunal for discrimination are unlimited. Ensure that that your processes being applied equally, any disability is given due consideration and any religious requirements considered.

Seek expert advice from a specialized employment law consultant before dismissing an employee for sickness absence.

Why manage performance?
Because it makes financial sense! It can improve employee engagement, customer satisfaction, safety, and your business company reputation.

What if I don’t ?
It can lead to poor morale, demotivated employees, reduced productivity, increased absence and staff turnover, and possibly expensive legal consequences.

Examples of poor performance

Not adhering to Company standards, policies or procedures, inaccuracy and lack of attention to detail, poor attitude towards management and colleagues, missing deadlines, lack of commitment, motivation and initiative.

Possible Causes
Not being shown correct procedures, lack of proper training, not knowing what’s expected, working under unreasonable pressure, following someone else’s bad example, personal problems.
Conducting a Performance Review
Prepare for the meeting. Specifically state the areas where the performance does not meet the required standard. Establish the reasons – discuss, listen, ask for ideas to solve the problem. Identify the next steps, agree an action plan and a review date. Then monitor and support the employee’s progress.

Performance Management Skills
Performance management is easy to do badly – and done badly it can cause more damage to your business than if it is not done at all. Conversely, done well it can help transform a poorly performing workforce. If you’re at all unsure, ensure you do it well by obtaining professional advice and training.

The above is intended to provide information of general interest about employment law but does not give legal advice. Seek advice from qualified employment law specialists.